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HomeMy WebLinkAbout01 - Minutes - 7-14-2009Agenda Item No. 1 July 28, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session July 14, 2009 — 4:00 p.m. I. ROLL CALL Present: Council Member Henn, Mayor Pro Te ry, Mayor Selich, Council Member Webb, Council Member Gardner, Cou a Daigle Excused: Council Member Rosansky II. CURRENT BUSINESS 1. CLARIFICATION OF IT ON E CONSENT CAL AR. In response to Council Member lea question regarding Item No. 17 (Purchase of Compressed Natural Gas Refuse ", Hection Trucks), General Services Director Harmon clarified t the refuse celle` on trucks would be adaptable if the City were to use an auto stem, and th� the trucks can also be used commercially if needed. Regarding Item No. 15 (T a' ariiing System), Council Member Daigleisted that th itc nd volum �' the sirens be assessed. City Manager B1udaA repyted that sp ions for siren volume for testing should be the same aluring actual erne ncy situation; however, requested clarification on the duration and freauency of s" n testing. resp '_'t � Iem Gardners question, Assistant City Manager Wood the co e ndment for Item No. 4 (Construction/Maintenance, Acti "es) n nl applies to storage of boats, but also limits extended construction and m terra ctivities on any backyard project. Regardi Item N63 (Campaign Contribution Limits), Council Member Henn noted that Sect n 1.25.030(F) should be amended to reflect that the Consumer Price Index (CPI) adj stment should be rounded to the nearest one hundred dollars ($100). teri Police Chief Luman provided his background and expressed his e ent about working with the City of Newport Beach. 2. BALBOA VILLAGE PARKING MANAGEMENT STUDY. Parking Consultant Linsenmayer utilized a PowerPoint presentation to discuss parking conditions in the five study areas; the number of on- street and off - street parking spaces; weekday and weekend parking availability at 10:00 a.m:, 1:00 p.m., and 7:00 p.m.; peak demand areas and parking availability patterns; and license plate inventory /turnover. He also discussed current issues and recommendations, such as establishing a short-term Parking Benefit District (PBD), analyzing the cost for on -street parking and permits, determining a way to increase Volume 59 - Page 206 City of Newport Beach City Council Study Session July 14, 2009 parking supply, and maintaining a regularly monitored parking system. In response to Council questions, Parking Consultant Linsenmayer stated that up to 30% of vehicles on a street at any given time are looking for parking, which accounts for a significant amount of traffic congestion. The most effective system is one in which 90 -91% of off - street and 86% of on- street parking spaces are filled. He clarified metered area locations and enforcement concerns. He recommended meters as the primary revenue source, and stated that not enough revenue would be generated to finance construction of a structure, structure would need to be approximately 80% full 80% of the year to mate nstruction costs, and a shared parking system for businesses and the possib' y of providing employee parking may need to be investigated. Council Member Gardner suggested c g p ential parking for golf carts and discussed the increased need for par_ g enforce t. She pointed out that some residents and merchants rent out their private gara and suggested using active signage in certain areas to hel¢" "dire and relieve c congestion. She also 3s suggested a pilot program foresident "parking permits. Council Member Henn expre , upport for managing the rent system more efficiently, discussed opportuiu s for financial contributions toward the construction of.a p king structurrsand emphasized the importance of choosing a flexible manage.. cture that co}' _support the amortization of a new parking structure in the fut mented t arking is a fundamental building block to providing revitalU on dlboa Vil and recommended that a flexible governance mechanism ith spec omm ations to creating a more cohesive and rational parking pla be estgtfTishe a _ n as possible. ' Proem CuZferry ted a comprehensive parking strategy that would Bal a Isla discourage people from parking for free on Balboa and &king thalboa Village. bl of parking d ue to triplexes between Cypress and ido, expret for creating residential parking permits. a. HARBOR ARILMANAGEMENT PLAN (RAMP). Without jection, ayor Selich requested that this item be rescheduled to a future study ae on. III. PU JC COMAONTS -None IV. ADJOU1O@4)@NT - 5.15 p.m. The agendf for the Study Session was posted on July 8, 2009, at 3:28 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Study Session was posted on July 10, 2009, at 4:13 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 69 - Page 207 City of Newport Beach City Council Study Session July 14, 2009 Recording Secretary Volume 59 - Page 208 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 14, 2009 — 7:00 p.m I. STUDY.SESSION - 4:00 p.m. II. CLOSED SESSION - 5:17 p.m. A. Conference with Legal Counsel - (a 1_'- �a 1. Status Report on Pen*41 pending litigation invotnng action, however, may be 2. Group Homes Matters: F litigation brou Nq(R the Concerned Citit+ SACV 08- 00192- ing By 7 08 -00200 1'iition: We will r Nspe a global basis on all City. This is an tional item only. No any item unless it ically noticed below- matters all arising out of the Group Homes gs follows: of city Beach - U.S. District Court Case No. Beach - U.S. District Court Case City oj, Newport Bed"th u. Morningside Recovery - Orange County Superior Court Case No. 07CC1194 Beach - U.S. District Court Case No. SACV 08 -00457 N' port t Recovery v. City of Newport Beach - U.S. District Court Case No. ACV 0 : 01 DOC (ANx); . 3. Gro Homes Matters: Six matters all arising out of the Group Homes mv!stiga gation brought against the City, as follows: P ific Shores v. Newport Beach - U.S. Dept. of Housing & Urban Development etion No. 09 -08- 0592 -8 Newport Coast Recovery u. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0713 -8 Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0831 -8 The Kramer Center v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0833 -8 Oxford House v. City of Newport Beach - U.S. Dept. of Housing & Urban Volume 59 - Page 209 City of Newport Beach City Council Minutes July 14, 2009 a C. i[a III. IV 4. Development Investigation No. 09 -09- 0830 -8 Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -8 IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: Newport BeachlTustin v. City of Irvine Superior Court Case No. 07CCO1264 , Newport Beach/Tustin v. City of Court Case No. 07CCO1265 Newport Beach/Tustin v. Regulations), Orange Count., Newport Beach/Tustin Case No. 30- 2008 - 00228€ (Government Code 6 4956.9(!2& 3, 1. Potential exp litigation that might res potential plain . tion ' , r plat jeopardize the City ability toj V. ROLL CALL Gugasian of Ir or Court matter: Street), Orange County I Alton), Orange County Superior (HCG), (Accessory Retail Business a No. 30- 2009 - 00264696 County Superior Court matter based upon facts and circumstances he City but which are not yet known to a e of the facts or circumstances would the _ atter. Consideration of acquisition of property Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt reported that Council voted to authorize the use of outside Counsel to defend the City in the Newport Coast Recovery litigation (Item Al). Volume 59 - Page 210 City of Newport Beach City Council Minutes July 14, 2009 VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION- City Manager Homer Bludau DL PRESENTATIONS AYSO 57 Presentation of the Mayors Cup Trophy - Phillip Greenberg, Regional Commissioner, presented the trophy to Mayor Selich. Recognizing July 2009 as Parks and Recreation onth -Mayor Selich presented the proclamation to Park, Beaches, and Recreation Commis ' Chairperson, Marie Marston. Proclamation in Honor of the Corona del M ibrar`y ` 59th Anniversary -Mayor Selich presented the proclamation to Library Service irector Co and Council Member Gardner thanked her for her support in revitalizing thg,orona del Mar bra X. NOTICE TO THE PUBLICa et "'� XII. Mayor Selich announced that ' also announced that he was the Fn Council Member Daigle reported thati harbor dredging unds will als studies, providengin ring specifics months. She a o rep d that the noted that thrsre r l sed with the( on urday, July 11, and displayed photos. He at the ual American Legion Boat Parade. the Cequ x$1.78 million in grant funds to be used for a the U.S. my Corps of Engineers to perform hydro s, and obtain environmental documents over the next 12 y has all the funds needed to dredge the Back Bay and ag ng Federal assistance that the City continues to receive. Cc " er nei i ewport Beach, Huntington Beach, and Costa Mesa s' a me nd greement in the Orange Coast Rive�m be resente Park. The cities will soon e meeting to p "' ue th ement goals. She requested that an i pd at a Study Session to provide ' ectio to who will represent the City and to ow discussion about ideas, Wnmrna and issues_` Co Member Wjeirin announced that his 70th birthday was Saturday, July 11. Council tuber thanked the Police Department for their work on July 4th. He post 4th of July assessment to receive feedback from residents and to look at other ways ake the event better for the residents and more cost effective. Mayor Pro Tem Curry reported that he and Council Member Daigle participated in the Mariners Park July 4th Parade and Festival where City Manager Bludau served as the Grand Marshal. He also reported that the Administrative Services Department received the Government Finance Offices Association Certificate of Achievement for Excellence in Financial Reporting. He thanked Administration Services Director Danner for his work. CONSENT CALENDAR A. READING OF MINUTE86ORDINANCES AND RESOLUTIONS Volume 59 - Page 211 City of Newport Beach City Council Minutes July 14, 2009 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF JUNE 23, 2009. [100 -2009] Waive reading of subject minutes, approve as amended 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 3. AMENDMENT OF CAMPAIWLT RIBUTION ORDINANCE, AS REVISED, TO INCREASE TON INDIVIDUAL CAMPAIGN CONTRIBUTIONS TO $1,000, VIDE FOR ADJUSTMENT OF CONTRIBUTION LIMITS BAS E CONSUMER PRICE INDEX. [391100 -2009) Adopt Ordinance o. 2009- amending Chapter 1.25 of the Newport Beach Municipal Code- [Council MerW4%Gardner voted no on this item.] 7 6: C. RESOLUTION FOR ADOPT 4. CONSTRUCTION/MAIN ANCE ACTIVITIES C DE AMENDMENT INITIATION). [100 -2009] pt Resolution No. 2009 -49 to initiate the code amendment to'4. it cronstructionmaintenance activities in required setback areas of residers riots. D. CONTRACTS AND AG EME 5. CEN RAL WA RS EMENT AREA COOPERATIVE 4x/MENT AM NT (C-3243). [381100-20091 Adopt Resolution No. 009 -5 to amend th ` operative agreement for the Newport Bay Watershed and the Central Watershe Management Area, and authorize the Mayor and City Vlerk ko execute the Amendment. %anthE OR CONDITIONING REHABILITATION (C4138) - orize AND ACCEPTANCE. [381100 -20091 a) Accept the completed the City Clerk to file a Notice of Completion; b) authorize the elease the Labor and Materials Bond 35 days after the Notice of been recorded in accordance with applicable portions of the Civil 9 and c) release the Faithful Performance Bond one year after Council R DRIVE STREET IMPROVEMENT PROJECT (C -3652) C PLETION AND ACCEPTANCE. [381100 -20091 a) Accept the completed rk 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. 8. WEST OCEAN FRONT ALLEY - WATER MAIN REPLACEMENT (C -4007) - COMPLETION AND ACCEPTANCE. [381100 -2009] 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 Volume 59 - Page 212 City of Newport Beach City Council Minutes July 14, 2009 Code; and c) release the Faithful Performance Bond one year after Council acceptance. - 9. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT (C -3932) - COMPLETION AND ACCEPTANCE. [381100 -20091 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 erformance Bond one year after Council acceptance. 10. ON -CALL PUMP REPAIR AND MAI ENANCE SERVICES - APPROVAL OF AMENDMENT TO PROFESS SERVICES AGREEMENT WITH ORANGE COUNTY PUMP RP TION (C- 4059). [381100 -20091 Approve Amendment No. 1 to P o ssional Se ` e Agreement with Orange County Pump Corporation for on- pump repair maintenance services, and authorize the Mayor and C" Clerk to execute the ndment. 11. ASPHALT REPAIRS PP AL OF AMEND TO PROFESSIONAL SERVICES AGREE TH HARDY & HAR - R, INC. (C- 4015). 1381100 -20091 Approve A dment No. 2 to Professional Services Agreement with Hardy &,Ilarper, Inc. fo -call asphalt repair services, and authorize the Mayor and Citftl rk to execute ndment No. 2. 12. AMENDMENT O GREE1 WITH TRUGREEN LANDCARE, LLC FOR THE LAND ENANCE OF CITY PARKS AND FACILITIES (C 80). [3 Approve the amendment to the existing a 1,rnt with Tr Gr Landcare. LC for the landscape maintenance at oas Peak Park at :. at of $106,020 per year. 13. CITY ALL AND K MASTER PLAN PROJECT - APPROVAL OF �20 s SIONAL SE VICES AGREEMENT WITH RBF CONSULTING F(R NGII ERING SERVICES (C- 4235). [381100 -20091 Approve a Pr sional SeirAgreement with RBF Consulting, Inc. of Irvine, for traffic gine g services at a contract price of $99,500, and authorize the Mayor and t City LIltrk to execute the Agreement. 14. PR FESSI . AL SERVICES AGREEMENT WITH BONTERRA CO SULTING FOR ENVIRONMENTAL SERVICES RELATED TO NE ORT BANNING RANCH DEVELOPMENT (C4163). [381100 -20091 ive and file. 15. NAMI WARNING SYSTEM (C- 4152) - APPROVE DRAWINGS AND ECIFICATIONS, AND AUTHORIZE PERMISSION TO ADVERTISE. [381100 -20091 a) Approve the drawings and specifications; and b) authorize staff to advertise the project once the Coastal Development Permit is issued. 16. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL (CEQA) AND ENGINEERING TASKS ASSOCIATED WITH A CONFINED AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR (C4304). [381100 -20091 a) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Anchor QEA, L.P. to conduct initial CEQA and engineering design work for a CAD in Newport Harbor; and b) approve a budget amendment (10BA -001) appropriating $395,000 from unappropriated reserves Volume 59 - Page 213 City of Newport Beach City Council Minutes July 14, 2009 (tidelands) to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging Project). E. MISCELLANEOUS 17. AUTHORIZATION TO PURCHASE FOUR (4) COMPRESSED NATURAL GAS (CNG) REFUSE COLLECTION TRUCKS. [100 -20091 a) Authorize the purchase of two (2) Autocar WXLL64 /ACX64 CNG front loader refuse collection trucks from Carmenita Truck Center in the am unt o£ $244,461 each; b) authorize the purchase of two (2) Peterbilt 320 CNG re oader refuse collection trucks from Rush Truck Center in the amount of $2 ,691 each; and c) approve a budget amendment (10BA -002) transferring $1 ;000 from unappropriated AQMD Fund surplus to Account 2766 -9108 (AQ vision - Alternate Fuel Vehicles) to supplement the funding of this pu se. 18. COUNCIL DECISION TO DISPENSE H ING THE AUGUST 25TH REGULAR CITY COUNCIIJ MEETING. [100- Forego the regular August 25th Council meeting.§ x 19. 2009 -2010 CULTURAL' 3S GRANTS. [100 -2009 pprove recommended recipients for FY 2009 -201 ultural Arts Grants as selected by the City Arts Commission i accordance wi City Policy I -12 - Reserve Fund for Culture and Arta. �]r. 20. PURCHASE IAC M TORMEFIBRILLATORS (ZOLL E SERIES). [100 -2 091 a) ve a bu t amendment (IOBA -003) to transfer $51,578 from the appro to era' Fund Paramedic Reserves to account 2300, increasi e �ture ap priates in 2340 -9300 by $51,578; and b) thor ie the punch ' 1. of six Zoll E Series Cardiac Monitor/Defibrillators' for $153,58 from Zoll M 'cal Corporation. 21. RDI. NCE TO P VIDE THE PUBLIC WORKS DIRECTOR THE A - O PT NEW EDITIONS OF THE STANDARD SP ICATI PUBLIC WORKS CONSTRUCTION. 1100 -20091 tap c hearing for the second reading of Ordinance No. 2009 -13 for July 28, 2` 9, to d. Chapter 75 of Title 15 of the Newport Beach Municipal Code and ad t the or 4nanee. 22. HARBOR AREA MANAGEMENT PLAN (HAMP) - FINAL AD ION. Continue to July 28, 2009. Regardin' m 15 sunami Warning System), Council Member Henn indicated that he is.pleased to see the - moving ahead. Regarding Item 16 [Professional Services Agreement for Environmenta tEQA) and Engineering Tasks Associated with a Confined Aquatic Disposal (CAD) Site in ewport Harbor], he clarified that the scope of the assignment will include a careful evaluation of all potential CAD sites in the Harbor, an evaluation of why a site is selected, and an outreach program for affected residents. Council Member Daigle suggested adding other locations, methods, and cement based stabilization alternatives to the environmental documents. Regarding Item 9 (Fiscal Year 2007 -2008 Traffic Signal Rehabilitation Project), Council Member Daigle noted that the project is progressing and is in phases 2 and 3. Council Member Gardner provided corrections to the minutes from the June 23 meeting. It was moved by Mayor Pro Tern Curry, seconded by Council Member Rosansky, to Volume 59 - Page 214 City of Newport Beach City Council Minutes July 14, 2009 XIII. XV. approve the Consent Calendar; and noting the continuance of Item 22 to July 28 and the "no" vote on Item 3 by Council Member Gardner. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR - PUBLIC HEARINGS 28. AERIE (PA 2005 -196) - 201 -205 PLACE: GENERAL PLAN AMEI PLAN AMENDMENT NO. LC2( TRACT MAP NO. NT2005 -004 MD2005 -087; COASTAL RESIDE 002; AND ENVIRONMENTAL, -I 2007021054). (100 -2009] Senior Planner Campbell provide, that the project has been redesign (EIR) was conducted, noted that G and reported that the - Com, Rick Julian, applicant, in 'cafe supported by many of the residents. Brion construction and & 207 C ATION AVENUE & 101 BAYSIDE fDME P2005 -006; COASTAL LAND USE 05-0 , COD ENDMENT NO. CA2005 -009; 4 16882); DIFICATION PERMIT NO. PLIAL DEVELOP PERMIT NO. CR2005- MPAgr REPORT ER2008 -002 (SCH. NO. k rmation about the histo of the project, stated dicated that an Environmental Impact Report unci)�is not making a decision on the dock permit, aissioii ecommended approval of the project, the pro) i: ."this a benefit to the neighborhood and is ed a PowerPoint presentation that included the tions to the project before and after; aesthetics; view ual Plan (CMP); noise, traffic, and air quality .e; CMP excavation schedule; excavation stages; soils n; project upgrades; view corridors; architectural the slopes. Stephen' Iles, el for the opponents, provided a handout and discussed the appeal period, t Calif a Housing Element, the California Environmental Quality Act (CEQA), ouse emissions, and the alternative analysis of the EIR_ Council Me er Gardner believed that language in the EIR lobbies support for the project stead of b ng neutral. In o to Council questions, Mr. Jeannette stated that basements are used to allow stora electrical and mechanical systems and lowers the building mass. He showed the a unt of mass above grade compared to that below and noted that looking from the harbor, the project will look similar in size to the current buildings in the area. In response to questions, City Attorney Hunt stated that the Harbor Commission performed their role as advisors and noted that the staff report incorrectly phrased the second hearing process as an appeal; however, it is not an appealable action. He explained the process for harbor permit appeals. He clarified that Council is certifying the EIR and not making a decision on the permit for the dock. Regarding the Housing Element, he stated that the City is consistent with State Law and believed that there are no legal impediments. He also highlighted the differences between scientific evidence, antidotal evidence, and judgment. Volume 59 - Page 215 City of Newport Beach City Council Minutes July 19, 2009 In response to Council Member Gardner's question, Mr. Jeannette stated that the soil is reliable and provided core samples. He stated that the second emergency access is also the exit from the basement and noted that a second emergency access is a building requirement. He indicated that the balconies impede some private views from Carnation and they will install a six foot barrier to protect the privacy of the next door neighbors. Mayor Selich opened the public hearing. Kathleen McIntosh provided a handout and expres concern about the project size, amount of construction, over development of the stal bluff, the Predominate Line of Existing Development (PLOED), the dock size, ` d the view impediments. She clarified that she does not have a basement and the s' -, her property is smaller than what was presented by the applicant. She explaine by s believes that a Brown Act violation occurred relative to this project. City Atko ey Hunt i ted that he will speak with Mrs. McIntosh about this allegation. Marilyn Beck expressed her con s abol the excavation, Nbment, natural land forms, PLOED, bluff, construction c, `age to private prruck route, roadways, project size, marina, and impact community, and belat the project is out of context for the neighborhood. Warren James stated t he would sup&art the project if it stayed within the existing guidelines and stated t ongly obje any variances. Kent Harvey believed tha reject ' tives s ld be presented. Allan Bee ressed oonce abo the size he project and the affects on the bluff. He believe at approved, it be setting a precedent and urged Council to reject the Curry left thl meeting at 8,59 p.m. to catch a work - related flight. urge preserve the area and expressed concern about the i, noise, pollu ion, damage to streets, and egress. Elaine exp ed concern about the coastal bluff and believed that the size does not confor the G ral Plan. Bill Varon pressed support for the project because he believed that it would be an imorovemef to the site and believed that most of the residents are in support of the Kent re expressed support for the project and stated that the project enhances views, reatea more street parking, and provides underground utilities. John Martin provided a handout and expressed concern about the project size, character, grading, bluff, PLOED, retaining walls, risk, and visual impacts. Bud Rainer expressed support for the project and noted that enough restrictions and conditions have been placed on the applicant. Bill McCaffery expressed support for the project and stated that it has first class elements, Provides improvement to the neighborhood, the applicant has been open with the residents, and that the project has been approved by the Planning Commission. Volume 59 - Page 216 City of Newport Beach City Council Minutes July 14, 2009 Jan Vandersloot, SPON, provided a handout and expressed concern about the project size, excavation of the bluff, damage to a natural land form, the biological impacts of the dock, eelgrass and sand dollar survival, and affects on the wetlands. He believed that the EIR does not analyze all the impacts. Lisa Vallejo believed that the project damages the coastal bluff, the Coastal Land Use Policy (CLUP) is meaningless, the project size is too large, and the changes made after all of the meetings are minimal, and expressed the opinion that the Harbor Commission made a decision based on the influence of the City Attorney's Office. Pat Parsons provided a handout and expressed conogrn about the project size and impact on the bluff and the harbor. She believed t the exterior design does not fit the neighborhood and urged Council to deny the p t. Keith Dawson noted that the applicant-1, complied ' h Council requests, indicated that the project is different and unique, and ted that he be proud when it is approved. Laurie Leggin expressed will cause a disaster. and tal bluff, be d that building into a rock that the nro a too massive. Tim Paone, counsel for the applica clarified that every issue raised has been addressed in the EIR and staff reports. He als ointed out that the site is multi - family, complies with the General Plan plies with he i requirements, includes a completion bond, the significant environme cts have n addressed in the CEQ9 analysis, the parameter test is a rebu ble-- mption, notice of violation was incorrectly stated and will be dealt with w n the pr' ��y oes b e the Coastal Commission, people are currently living in the b ding, °C nd° IR has gone through unprecedented lengthsktpness all issues n e Mitigate egative Declaration (MND) was amended severa dimes. Bri eanne e, architect, cla ied that the project has no variances, is below the height limits, elo t down the b was established by Council based upon the evaluation )1 ' d, c site, o 18% of the site is submerged, the coastal bluff is p d an` nha nee d, t ` story marine birds are addressed in the EIR, eelgrass is protec and ig,pier and bulkhead lines have been addressed. There bei no fufer testimony, Mayor Selich closed the public hearing. In respons to Mayor Selich's question, Senior Planner Campbell believed the issues brought for al rd by the opponents have been adequately addressed in the EIR. N cil in Gardner indicated that she received an equal amount of letters from resi at approve or oppose the project. She expressed concern about the cove, the large the impacts to traffic, and impacts to the harbor. She believed that the project should be smaller and indicated that she will not be supporting the project. Council Member Henn stated that the applicant has complied with all requests and has gone through an extensive EIR process. He noted that the site is a multi -family site, the concern about the bluffs is understandable, and there is a reasonable interpretation of the General Plan that is consistent with this project and entitles the applicant to the benefit of that judgment. He expressed support for the project. Council Member Daigle stated that there are no rules against excavation, the applicant has made extensive changes to the project, and expressed support for the project. Volume 59 - Page 217 City of Newport Beach City Council Minutes July 14, 2009 C4 Council Member Rosansky stated that although the applicant has worked with the neighbors, he still believes that the project is too big and is not consistent with the General Plan objectives and the character of the neighborhood. He indicated that he will not be supporting the project. Council Member Webb indicated that the view comparison shows that the project is not out of character, stated that he is not concerned about the dock space, noted that the development is an addition to the area, and expressed support for the project. Mayor Selich agreed that the view simulation sh `,'d that the project is not out of character, stated that the excavation behind the b is not a concern, believed that the sound impacts should not affect the residents, noted that the docks will not create a hazard for navigation. He also noted that the ct has been in review for four years and the applicant has worked diligently to cc y wi a guidance that the City has given him. It was moved by Council Membe±Veb , seconded b \Reing l Member Daigle, to adopt Resolution No_ 2009 -51 certifjin t mal Environmpact Report (SCH. No. P g 2007021054) and adopting a iitigati Monitoring and Program; c) adopt Resolution No. 2009 -52 adopting ement of Overriding rations and approving General Plan Amendment No. G 5 -006, Coastal Land Use Plan Amendment No. LC2005 -002, Newport act Map No. 2005 -004 (TTM16882), Modification Permit No. MD2005.087 and„Coas sidential De went Permit No. CR2005 -002, subject to the attached findings and I . s; and d) roduce Ordinance No. 2009 -15 amending Zoning Districting Map ereb oving C I Amendment No. 2005 -009, and pass to second reading on July 28; 009. _ The motiqloftied by the folLowini'roll call Member HeAK Mayor Selich, Council Member Webb, Council Member Noes: `Councbd,Member Rosansky. Council Member Gardner for a recess at 10:00 p.m. Mayor SeT(h reco ned the meeting at 10:07 p.m. Counc embe/Gne r reported that the CoastaUBay Water ualitill be applying for grant y establish native oysters in the Bay and asked staff to research a new system called Aqua ich provides an inexpensive way of improving the absorption of water and reducing salt. Council Member Henn reported that Senate Bill 268 was defeated at the Assembly level and noted that the City will continue to pursue regulations from Sacramento regarding group homes issues. He also reported on other group homes issues, stating that there are no Use Permit hearings remaining, there are approximately two reasonable accommodation hearings pending, a few Council appeals, three lawsuits, and approximately six Housing and Community Development (HCD) complaints. Volume 59 - Page 218 City of Newport Beach City Council Minutes July 14, 2009 XV_ PUBLIC HEARINGS - CONTINUED 24. . COASTAL LOCAL USE PLAN UPDATE - LC2007 -001 (PA2007 -027) - COMPREHENSIVE UPDATE TO THE COASTAL LAND USE PLAN AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 5, 2009, TO REFLECT THE LOCATION, TYPE, DENSITIES, AND INTENSITIES OF LAND USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND TO INCORPORATE OTHER NEW POLICIES OF THE GENERAL PLAN. [100 -20091 Senior Planner Campbell reported that staff is recd nding a comprehensive update to the Coastal Land Use Plan (CLUP) to make it sistent with the California Coastal Commission and suggested that a study be cond don alternative transportation. Council Member Gardner thanked Senior Commission. Mayor Selich opened the public hearing. to adopt Resolution No. 2( modifications approvedby the The motion carried by Ayes: Council Member Webb, Council M Absent: May,0ro Tem ( XVI. PUBLIC CO E XVIL CURRENT Il he motion - None roll for his work with the Coastal Hearing Aaestimony, he closed the the Coastal Land Use Plan with the I Commission. , Mayor Selich, Council Member Daigle DELEGATES FOR 2009 LEAGUE ANNUAL 16 — 18, 2009, IN SAN JOSE. [100 -20091 • Daigle as the City's Voting Delegate for the Conference as the Voting Alternate. by the following roll call vote: 1 Member Henn, Council Member Rosansky, Mayor Selich, Council Member Council Member Gardner, Council Member Daigle Pro Tent Curry 26. INITIATION OF GENERAL PLAN AMENDMENT RELATED TO COASTAL LAND USE PLAN AMENDMENT NO. 2007 -001. [100 -20091 Senior Planner Campbell explained that Council is only voting to initiate an amendment to the General Plan. It was moved by Council Member Webb seconded by Qquncil Member It 2osansky to adopt Resohtion No. 2009 -53 initiating an amendment of the General Plan to change the land use designations of properties within 11 areas of the Coastal Zone. Volume 59 - Page 219 City of Newport Beach City Council Minutes July 14, 2009 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb. Council Member Gardner, Council Member Daigle Absent: Mayor Pro Tem Curry 27. APPOINTMENT OF COUNCIL MEMBER NANCY GARDNER TO LEAGUE OF CALIFORNIA CITIES COASTAL CITIES ISSUES GROUP (CCIG). [100 -2009[ It was moved by Council Member Webb. second Council.Member RQSanskv, to appoint Council Member Nancy Gardner to ser on the Coastal Cities Issues Group (CCIG) and meet with the California CNCouncil on August 12, 2009, in San Francisco to engage in discussion of issu believe are appropriate, and give input to Council Membe r Gardner. The motion carried by the following ro ;aAyes: Council Member Henn, Co or Selich, Council Member Webb, Council Membe ardne i Absent: Mayor Pro Tem Cur.y' XVIII. MOTION FOR RECONSIDERATION - XIX. ADJOURNMENT - 10:15 The agenda for the Regular Hall Bulletin Board located Building. The su lemental at 2009, at 4:18 p.. the City Hs Beach Admi traticl Building. City Clerk ly 8, 2009, at 5:28 p.m on the City Newport Beach Administration Meeting was posted on July 10, ed outside of the City of Newport Recording Secretary Mayor Volume 59 - Page 220