CITY OF NEWPORT BEACH - Granicus

City Council Minutes Study Session August 9, 2005 - 4:00 p.m.

ROLL CALL

Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tern Webb; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols

CURRENT BUSINESS

City Manager Bludau introduced Barbara Ramsey, the new Human Resources Director, and Mark Harmon, the new General Services Director.

1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. None.

3. BITTER POINT PUMP STATION - SANITATION DISTRICT PRESENTATION. [Taken out of order]. [100-2005]

Mr. Dix Martin with the Orange County Sanitation District, and Mr. Henry De Jesus and Mr. Eric Lovering with Lee & Ro provided a PowerPoint presentation on the proposed Bitter Point Pump Station project. The outside representatives and staff responded to questions of the City Council.

After comments by the City Council, it was decided that the Sanitation District will need to continue working with the City on the project to address the concerns raised.

2. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES MANUAL. [100-20051

Economic Development Program Manager George Berger introduced Mr. Ron Pflugrath, Director of Planning & Design for RBF/Urban Design Studio and Cathy Wolcott, contract staff attorney. Mr. Pflugrath provided a PowerPoint presentation on the Sign Ordinance Update Design Guidelines. Staff and Mr. Pflugrath responded to questions of the City Council.

After comments by the City Council, it was determined that the item would return to the City Council for action at the meeting of August 23, 2005.

Richard Luehrs, Newport Beach Chamber of Commerce, stated that he was involved with the process and wants everyone to continue to have an open mind and take into consideration the betterment of the community when taking action on the item.

4. RHINE CHANNEL REMEDIATION PROJECT. Item continued.

PUBLIC COMMENTS . None.

ADJOURNMENT at 5:55 p.m.

Volume 57-Page 364

City Council Meeting August 23, 2005 Agenda Item No. I

CITY OF NEWPORT BEACH

DRAFT

City of Newport Beach Study Session Minutes August 9, 2005

The agenda for the Study Session was posted on August 3, 2005, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.

City Clerk

Recording Secretary

Mayor

Volume 57 - Page 365

CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 9, 2005 - 7:00 p.m.

4' STUDY SESSION - 4:00 p.m.

CLOSED SESSION - 6:00 p.m.

RECESSED AND RECONVENED AT 7:00 P.M. FOR REßMLAR MEETiNG

ROLL CALL

Present: Council Member Selich; Council Member Rosansky Mayor Pro Tern Webb, Mayor Heffernan; Council Member Ridgeway; Council Member Daigle;Council Member Nichols

CLOSED SESSION REPORT - None.

PLEDGE OF ALLEGIANCE - Council Member NichoI

INVOCATION - Mayor Heffernan.

PRESENTATIONS .

Orange County Human Relations. Commission Award for Outstanding Contributions in the Area of Community Oriented Policing to the Police Department (Teen Academy) - Pat Krone. OCHR Commissioner, presented the plaque to Lieutenant Steve Shulman of the Newport Beach Police Department.

Proclamation for Russian Naioual Orchestra Day . Mayor Heffernan read the proclamation and presented it to Malco1 Ü1.

Proclamation for Tallship Argusi0Oth Birthday . Mayor Pro Tern Webb read the proclamation and présênted it to o adult Sea Scouts, two Sea Scouts, and two Sea Scouts from Aero Denmark, the island which the Argus was built.

NOTI CE TO THE PUÒLIC.

CITY COUNCIL ANt4OUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON-DTJSCUSSION ITEM):

Council Member Daigle announced that the first Orange County Conference for Women will be held on September 14 at the Balboa Bay Club. She reviewed the seminar sessions and stated that people can go to www.ocwomen.org for more infbrmation.

Council Member Ridgeway announced that the Get Fit Training Program to train for the January 8, 2006 Orange County Marathon begins this week. He stated that people can get more information at www.ocmarathon.com or by caffing (949) 476-7076.

Volume 57- 66

City of Newport Beach City Council Minutes August 9, 2005

Mayor Heffernan announced the following schedule of meetings: August 11 at 6:00 p.m. - St. Andrew's Presbyterian Church Expansion; August 16 at 7:00 p.m. - General Plan Update; August 23 - Regular Meeting; August 30 at 7:00 p.m. - General Plan Update; and September 13 at 7:00 p.m. - City Hall Financial Plan during the Regular Meeting. He reviewed the August 11 agenda and discussed the meeting protocol.

I. CONSENT CALENDAR (Items 1 -10 & S15)

READING OF MINUTES/ORDINANCES AND RESOLUTIONS

MINUTES OF THE ADJOURNED REGUL4rMEETING AND REGULAR MEETING OF JULY 26, 2005 [100-2O05J. Ware reading of subject minutes, approve as written and order fill.

.

READING OF ORDINANCES AND RESOWTIONS7 Waive reading in full of all ordinances and resolutions unàti phSñeratîoriaM direct City Clerk to read by title only.

ORDINANCES FOR ADOPTION

GENERAL PLAN AMENDMENT NO. 2004-006 AM) CODE AMENDMENT NO. 2005-006 . t&STER DEVELOPMENT CORPORATION OFFICE EXPANSIÓN,, 420,0 VON KARMAN AVENUE (PA2004-231)flOO-20051. Ad Ordinance No. 2005-14 for Code Amendment No. 2OO!O06.

RESOLUTIONS FOR ADOPTION »

CORONA . DEL MAR BCSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004- 2005 AND ADOYTION OF RESoL1jrIO.r OF INTENTION TO LEVY FOR SHOETENEIYI'ISCAL YE» 005-2006 [100-2005]. 1) Approve the Coroùdel Mpr ßininess%tpíovement District 2004-2005 Annual Report; and 2) adnpt Resolutioji of Intention No. 2005-41 to levy assessments and set the poblit4iearing for August 23, 2005.

CONTJtACT$ AAGREEÑZJ'TS

AGÌÈMENt FOR LANDSCAPE MAINTENANCE SERVICES WITH PARKWEST LANDSCAPE MAINTENANCE, INC. (C-3807) [38/100- 2005J. Iward the Landscape Maintenance Agreement with Park West

- Landsápe Maintenance, Inc. in the amount of $390,315 to provide landj.Spe maintenance to City parks and facffities and approve a budget aséndment (063A-007) in the amount of $71,751.

BEGONIA PARK PLAYGROUND IMPROVEMENTS- COMPLETION AND ACCEPTANCE OF CONTRACT (C-3641) /38/100-20051. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) 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; 4) release the Faithful Performance Bond one year after Council acceptance; and 5) authorize the Public Works Director to approve Change Order No. 2 in the amount of $14,447.33 and

Volume 57-Page 367


authorize the encumbrance of an additional $14,374.21 and budget amendment (OBBA-005) appropriating the same amount from Unappropriated BET Fund balance, 270-3605 to account 7271-04120724.

BALBOA VILLAGE IMPROVEMENT PLAN - PHASE 3, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS (C- 3527) [38/100-20051. Approve a Professional Services Agreement with PSOMAS of Costa Mesa for design services for the Balboa Village Improvement Plan Phase 3 at a not to exceed contract p ice of $75,000 and authorize the Mayor and the City Clerk to execute the a cnt.

t, - -

MISCELLANEOUS ACTIONS -

APPROVAL OF TASTE OF NEvOÈT':BANNERS - ENCROACHMENT PERMIT N2005Of100-2òO4\Conthtionally approve the request of the Newport Beftéh'&hber of Cmi,rce for the installation of 268 banners from August 24 2005 to September 2i, 2b05 for the Annual Taste of Newport (instaflationha11 be along Jambótee Road, MacArthur Boulevard, Westcliff DSp, Sançtjpaquin Hills Rdàd, Newport Center Drive East/West, Newpot. CenteiDtive, Coast Highway and Newport Boulevard).

BUDGET AMENDMENT TO ACCPjÀ CHECK FROM THE NEWPORT BEACHLIBRARY FOUNDAtIdKAND APPROPRIATE FUNDS FOR EXPEÑDTTÚRE BUDGET FOR FY2005-06 [100-2005]. Approve a budget amendment (U6BA-0 to increase expenditure appropriations by $35,006 in t409O.FoÙEation accounts and to increase revenue estimates for the samtiimountjnAccount No. 4090-5893.

Sis. CITY HALLI FUEL :TANK REMOVAL, APPROVAL OF PROFESSIONAL SER\TJÒES AGREEMENT WITH LEIGHTON CONVLTINÖ, INC. (04808) ¡38/100-2005J. 1) Approve a Professional Serviès '4greement with :Lighton Consulting, Inc. for the removal of 12.000 glIlon undergtund fuel storage tank at City Hall at a not to exceed

-, contract prie of $57,400 and authorize the Mayor and the City Clerk to execute the agreemeftt; and 2) approve a budget amendment (O6BA.009) appropriating $1Ç400 from the General Fund Unappropriated Surplus Fund Balance, 016-3605, to account 70l1-05100874.

MQtion b' Mayor Pri Tern Webb to move affirmative action of the Consent Calendar, except for the item rem6ed (4).

The motion carrìèd bt the following roll call vote:

Ayes: Council ,Memher Selich; Council Member Rosansky; Mayor Pro Tem Webb; Mayor Heffernan Council Member Ridgeway; Council Member Daigle; Council Member Nichols

J. PUBLIC HEARING

li. MASTER FEE SCHEDULE [100-2005f.

Administrative Services Director Danner provided the staff report. He noted that the fee schedule represents an increase of 4.02% which is the CPI increase since last year. He reported that the only change to the fee schedule is to make the traffic



Jim Hildreth discussed access on The Grand Canal.

ORAL REPORTS FROM CITY COUNCIL ON cQMMITTE&ACTIVITIES

Ad Hoc General Plan Update Committee (GPUC) -. Çouncil Member Selich reported that the General Plan Advisory Committee (GPAC) rèothw endations are on the City's website and will be discussed at the Aust 16 and August 30 'eetiugs.

Local Coastal Program Certification thznittee - Council'35ember Ridgeway reported on the issues with the delay of the heanng 1efor"the,Coastal Commission and the steps that have been taken. -

t Newport Coast Advisory Committee - Noie.

Mariners Joint Une Librar&d Hoc st4erisig Coznni,ittee - Mayor Pro Tern Webb reported that he tó&dthe Jibráry last week. r' City Centennial 2006 Çommittee. - 'Mayor Pro Tern Webb noted that "Let's Do Launclf will.be held on OcEo&r 2 at the Newport Dunes and more information can be obtained atwêwtewportbeadìlO0com or by calling the Recreation and Senior Services Department.

City Council/Citizens'Ad Hoc Committee for Marina Park Planning - Mayor Pro tern Wbb reported tliùt a meeting will be held in September in which the subcommittee will provid jiformatioá relative to goals and needs.

¿t

City CouiiiI*»,Ad Hoc Marina Park Advisory Committee - Council Member Ridgeway repottieon a meeting with State Lands Commission staff and one of their attorneys regarding the Marina Park boundaries and where the high water mark is located.

PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT

12. PLANNING COMMISSION AGENDA FOR AUGUST 4, 2005 (100-20051.

Planning Director Temple reviewed the following Planning Commission items: 1401 Dove Street (PA2003-120); Domingo Villas, Inc - 757 Domingo Drive (PAZOO4-243); and an appeal of Modif cation Permit No. 2005-049 (PA2005-082).

study fee charged by the Planning and Public Works Departments the same amount ($125 per how). He announced that this fee schedule deals with over 700 City fees.

Mayor Heffernan opened the public hearing. Hearing no testimony, he closed the public hearing.

Motion by Council Member Ridgeway to adopt amended Resolution No. 2005-42 updating the Master Fee Schedule.

The motion carried by the following roll call vote:

Ayes: Council Member Selich; Council Member Rosaa@y; Ma9&r Pro Tern Webb; Mayor Heffernan; Council Member Ridíwi' Council Member Daigle; Council Member Nichols .

K. PUBLIC COMMENTS

VolumeS? - Page 369


Motion by Council Member Nichols to appeal the Domingo Villas Inc. project located at 757 Domingo Drive (PA2004-243).

Council Member Ridgeway announced that he has a conflict of interest relative to this project.

The motion died for lack of a second.

N. CURRENT BUSINESS

CORONA DEL MAR STATE BEACH IMPROVEMENTS - AWARD OF CONTRACT (C-3461). j City Manager Bludau requested that Item 14 be discussed prior to Item 13.

Motion b Council Member Ridj ewa to discuss Item 14 out oforder.

The motion carried by the following roll caB vote:

Ayes: Council Member Selich; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council MemberNichols Noes: Council Member Rosansky; Mayor Pro Tern Webb

CITY COUNCIL REVIEW. AND DIRECTION..: TO CONSULTANTS ON CURRENT PLANNING STATUS OF PROPOSED aTt HALL STRUCTURE AND GROUNDS [100-2005].

City Manager Bludau provided the staff repon and discussed the space needs assessment analysis. He noted that th focus f tonight is the City Hall complex, pointing out that .j parlung structure and Fire Station will be discussed at the August 23 meeting. He reported that a financing presentation will be conducted in September azd they intend to come before Council in October with schematic drawings and the finandng package for Council approvai

Roger Toi-riero, Griffin Structtn, utilized a PowerPoint presentation and reported that detailed concept designs and a budget will be presented at the next meeting He discussed the community workshops and the Building Committee meetings.

Rick D'Amato1 Griffin Structures, utilized a PowerPoint presentation to discuss the design, the site plan, the floor plan, and possible enhancements.

Council discussèd the site plan the etsting ficus trees, the location of the entrailees, the potential for a sculpture garden, the Fire Station location, the enhanced alternatives, the One Stop Shop, conference room locations, the Commuriltv Room, the erterior facade, and the building materials.

Dina Cartland, Leighton Consultants, reported on the soil composition and building foundation options.

Jim Hildreth discussed using solar panels, access issues, emergency exits, and the location of the parking structure.

Nancy Skinner suggested using solar panels and discussed the different levels of LEED certification.

Volume 57-Page 370


City Clerk Harkiess reported that the public can email their input to [email protected].

Council Member Ridgeway directed the consultants to look into solar panels.

John Loper, representing the Fritz Duda property next door, spoke in support of the One Stop Shop and the public outdoor spaces. However, be expressed concern about the service area on Finley Avenue and its visual impacts from Newport Boulevard. He noted that they still support the land trade.

It was the consensus of Council that it would be difficult to make an4ecisions since .4 this is the first time some of the Council Members have seen e drawings.

Council Member Ridgeway suggested letting the Building Cothmìtzee move forward and stated that the Finley Avenue issue needs to be,Ñs&ved quiò1d. City Manager Bludau stated that he and the architect can metWhb kwo Councif'Members at a time to discuss the plan more in depth.

Council Member Daigle said that the funàionality at Finley Avenue needs to be worked out in conjunction with the nèighb«ihg propérty and requested that the square footage be in sync with future commwtyñ4ds.

Council requested and received a copy of the PoweiPolùt;resentation.

Mayor Heffernan recessed the meetinjìtÂO:l 1 p.m. and,Ì-econvened the meeting at 10:245 p.m. with all members of Cun&,ept.

Ç .

13. CORONA DEL MAR STATE.BACH I1QROVEMENTS - AWARD OF CONTRACT (C-s461) [38/100.206Sj

City Manager Bludaù provided ùe staff report and presented a PowerPoint presentaüoñ!\

Council Member ?'&hols eprsied the residents' concern with the beach becoming overued, the desiri frr more sàd, and his concern about the lifeguard tower and nceaàìdnuidin. City Manager Bludau noted that the building willi also be used for storag änd provide for tinimal medical needs.

Mayor Pro Tema Webb spoke in support of awarding the contract at this time and expressed conSft with the 10% contingency fee and suggested changing it to 5%.

Motici'bq'Mayor Pro Tern Webb to 1) approve the plans and specifications fqr Beach Aj6ess Trail Repair at Inspiration Point and for Corona del Mar State Beach Improvements; 2) approve a budget amendment (O6BA-008) appropriating $29,648 from Contributions, 7251-05100569, to be reimbursed when FEMA funds are received; 3) approve a budget amendment (OGBA.008) appropriating $3,049,552 to account 7011-05100569 representing the General Fund contribution to the project (of this contribution, which includes an allowance for unforeseen work, $3 million is proposed to be utilized from existing Capital Improvement reserves while the remaining $19,904 would come from Unappropriated General Fund Surplus Fund Balance); 4) award the contract (C-3461) to Weeger Bros., Inc. for the total bid price of $3,945,000 and authorize the Mayor and the City Clerk to execute the contract; and 5) establish an amount of $200,000 to cover the cost 0f unforeseen work, which

Volume 57-Page 371


represents a 5% contingency fee.

Council Member Selich expressed concern with taking $3 million from the Capital Improvement Program (CF) reserve and suggested phasing the improvements.

City Manager Bludau reported that increasing the parking lot fee to $10 will result in a $180,000 increase in revenue a year. Council Member Rosansky noted that the City could have a two tier parking fee structure for weekdays and weekends.

Council Member Daigle spoke in support of the project anAinvesting in the infrastructure. . . Regarding the concessionaire building their own strucue, Public Works Director Badum noted that the community does not want a year4Durd òÚssion vendor.

Council Member Selich indicated that he wifi not aì$orting theotion because he believes that there are other alternatives and iils"not responsible to take that much money from the CIP reserve.

The motion carried by the following roD, call vote

Ayes: Council Member Rosansky; Mayor Pro Tern Vebb; Mayor Heffernan; Council Member Ridgeway; Council Member Daigie Noes: Council Member Selich Council Men,ber NichÒ3j

ITEMS REMOVED FROM THE CONSENt C41.FNDAR

4. ORDINANCE RESTRICTING tRUCKS ONRID'ÔE PARK ROAD [100/2005j.

Council Member Nichais suggested restricting this to only school time. City Manager Bludau noted that school íometijnes lets out at different times and there is no way to coti' th contractors and hold them accountable. He noted that the ordinance hasta three teaj8unset claue.

Motion hy$aç'otfro Tern Webli to adopt Ordinance No. 2005-15 adding Section 12.32S22 to the NBMC to establish a vehicle weight limit of eight thousand (8,000) pounds on Ridge Park Thiad btween Newport Coast Drive and Vista Ridge RoacL

The motion esrkied by the following roll call vote:

Ayes: Council LMember Selich; Council Member Rosansky; Mayor Pro Tern Webb; Mayor j$ffernan; Council Member Ridgeway; Council Member Daigle Abstain: Coithcil Member Nichols

MOTION FOR RECONSIDERATION - None.

ADJOURNMENT - adjourned at 11:07 p.m. in memory of Roman G-ornez to Thursday, August 11, 2005 at 6:00 p.m. [St. Andrews Presbyterian Public Hearing].

Volume 57-Page 372


The agenda for the Regular Meeting was posted on August 3, 2005 at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on August 5, 2005 at 12:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.

City Clerk

Recording Secretary

Mayor


A. ROLL CALL

CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting August 11, 2005 - 6:00 p.m.

Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tern Webb; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols

PLEDGE OF ALLEGIANCE . Council Member Daigle

I1VO CATION .- City Manager Bludau

PUBLIC HEARING

ST. ANDREW'S PRESBYTERIAN CHURCH EXPANSION (PA2002-265) - GENERAL PLAN AMENDMENT, ZONE CHANGE & USE PERMIT - 600 ST. ANDREWS ROAD, CLIFF HAVENINEWPORT HEIGHTS AREA. [68/100- 2005]

Mayor Heffernan requested that the audience members divide themselves in the Council Chambers, with opponents to the project seated on one side of the room and proponents on the other.

Mayor Reffernan read an outline of how the current meeting would be conducted.

Mayor Heffernan and City Clerk Harkless explained how public testimony would take place at the current meeting.

Representing the applicant, Ken Williams Chair of the Building Committee at St. Andrew's Presbyterian Church, used a PowerPoint presentation to provide an overview of the project's history.

Using a PowerPoint presentation, Brad Hillgren, St. Andrew's church member and President of a Lowe's Enterprises segment, provided land use information on the project.

Carl McLarand, President of McLarand Vasquez Emsiek and the architect for the St. Andrew's project, provided information on the design of the project.

John Rochford, President of Snyder Langston, the contractor for the project, discussed additional aspects of the project.

Representing the opponents to the project, Brian Brooks, President of the Cliff Haven Homeowners Association, introduced the individuals who would provide the presentation on behalf of those opposed to the project.

Using a PowerPoint presentation, Don Krotee, President of Newport Heights Improvement Association, provided the reasons why the project should be denied

Volume 57-Page 374


and why there is opposition to its proposed size.

Bifi Dunlap, representing the Cliff Haven residents, discussed the unique character of the neighborhood.

Senior Planner Jim Campbell noted the memorandum that he distributed prior to the start of the meeting and explained that it describes the formatting changes that need to be made to the mitigation and monitoring reporting program

Rob Colchen stated that it was his law firm that conducted the traffic studies referred to in the presentation given by Mr. Krotee.

Mayor Heffernan explained the procedure that would be followed for giving public testimony.

City Clerk Harkiess randomly drew three speaker cards from the cards submitted by the members of the audience, as would be done throughout the public testimony period. (The cities where the speakers live will be provided in these minutes, if given by the speaker and if not in Newport Beach).

Eleanor Rebard spoke in opposition to the project.

Novell Hendrickson spoke in support of the project.

Nigel Bailey spoke in support of the project.

Mike Mendenhall spoke in opposition to the project.

Mel Kiddie spoke in opposition to the project.

Meredith Cox, Cerritos, spoke in support of the project.

Marion Pickens spoke in support of the project.

Merideth Fleener spoke in support of the project.

John Lehman spoke in support of the project.

Dave Davis spoke in support of the project.

Bill Dunlap spoke in opposition to the project.

Jake Easton spoke in support of the project.

Frank Adler spoke in opposition to the project.

Evangeline Burtch-Farrell spoke in support of the project.

J. J. Frei spoke in support of the project.

Karen Taillon spoke in support of the project.

Kelly Hifiman spoke in support of the project.

John Manchester spoke in support of the project.

Volume 57-Page 375


Tom Billings spoke in opposition to the project.

dann Dunlap spoke in opposition to the project.

Camron Holmes spoke in support of the project.

Barbara "Corkj" Rawlings spoke in opposition to the project.

John Sturgess provided a handout and spoke in opposition to the project.

Erick Coughlin spoke in support of the project.

Heather Somers, Costa Mesa, spoke in support of the project.

Joan McCauley spoke in opposition to the project.

Bifi Simons spoke in support of the project.

Tim Woodall spoke in opposition to the project.

Shannon Forsythe spoke in support of the project.

Judy Tracy spoke in support of the project.

David Ow, Costa Mesa, spoke in support of the project.

Kim Jansma spoke in opposition to the project.

Harry Hamilton spoke in support of the project.

Rob Coidren spoke in opposition to the project.

Katie Wahrenbrock spoke in support of the project.

Madison Kawakami spoke in support of the project.

Ron Hendrickson spoke in support of the project.

Waverly Lassila displayed a map showing the results of a neighborhood poil and spoke in opposition to the project.

Jessica Ludwig spoke in support of the project.

Lucy Pantoskey spoke in opposition to the project.

Jim Johnson spoke in support of the project.

Dave Rockness spoke in support of the project.

Monica Mazur spoke in opposition to the project.

Heather Hogle spoke in opposition to the project.

Eristine Arnold, Costa Mesa, spoke in support of the project.

Nancy Kiddie spoke in opposition to the project.

Volume 57-Page 376


Neal Wells spoke in support of the project.

Jill Kanzler spoke in support of the project.

Donna Scott spoke in opposition to the project.

Donna Rutherford spoke in opposition to the project.

Don Krotee spoke in opposition to the project.

Cory Adler spoke in opposition to the project.

Ernest Adams spoke in opposition to the project.

Phil WHIms spoke in opposition to the project.

Pam Davies spoke in opposition to the project.

Carol Blanchard, Leisure World, spoke in support of the project.

Philip Bettencourt spoke in support of the project.

Bill Davies spoke in opposition to the project.

Amy Tennyson, Costa Mesa, spoke in support of the project.

David Grant spoke in opposition to the project.

Jim Carmack spoke in opposition to the project.

Tom Starr spoke in support of the project.

Jon Marchiorlatti spoke in support of the project.

Lynda Adams spoke in opposition to the project.

Tom CulEs presented photos of homes in the neighborhood displaying 'No Expansion" signs and spoke in opposition to the project.

Lisa George spoke in opposition to the project.

Mayor HefTernan recessed the meeting at 10:11 p.m.

Mayor Heffernan reconvened the meeting at 10:26 p.m. with all Council Members present.

Jeff Martin spoke in opposition to the project.

James Robertson spoke in support of the project.

Rick Liebermann spoke in opposition to the project.

Allan Beek spoke in opposition to the project.

Jim Connelly spoke in opposition to the project.

Volume 57-Page 377


Carrie Slayback spoke in opposition to the project.

Judy Johnson spoke in support of the project.

Steve Johnson spoke in support of the project.

Larry Porter spoke in opposition to the project.

Vince Roman spoke in support of the project.

Sheryl Roman spoke in support of the project.

Patricia Courteau spoke in support of the project.

Willard Courtney spoke in opposition to the project.

David Guder spoke in support of the project.

Portia Weiss spoke in opposition to the project.

Debra Schulze spoke in support of the project.

Dick England spoke in opposition to the project.

Louis Matteson spoke in support of the project.

Jan Vandersloot spoke in opposition to the project.

Mr. Tirotee provided the closing statement for the opponents to the project.

Dr. Joim Huifman provided the closing statement for the proponents of the project and played a short video.

Mayor Heffernan confirmed with the proponents that they agree to the 82 conditions set on the project by the Planning Commission and have no requests for changes.

Senior Planner Campbell responded to the substantive statements made during the public testimony by Mr. Tirotee and received in writing, earlier in the day, from Comprehensive Planning Services on the Environmental Impact Report (EIR); and concluded that the analysis in the Eilt is valid and that the EIR can be certified.

Planning Director Temple responded to another speaker who stated that certain sections of the EIR are flawed or inadequate, but didn't provide a reason or present evidence to support the comment. She explained that comments of that nature are given little credence by the California Environmental Quality Act (CEQA).

City Attorney Clauson confirmed that the City Council would not be setting a precedent under the Religious Land Use and Institutionalized Persons Act RLUIPA) if it approved the project, as indicated by an earlier speaker.

Council Member Nichols provided his comments on the project; noting that the church has agreed to the 82 conditions set by the Planning Commission and shown remarkable compromise. He addressed several of the concerns raised by the residents. He felt that the project was a good one.

Senior Planner Campbell reported that staff has no comments or changes to the 82

Volume 57-Page 378


conditions of approval set by the Planning Commission.

Mayor Pro Tern Webb provided his comments on the project and noted the importance of placing greater consideration on the concerns of the nearby neighbors. He expressed several concerns, and suggested that if the project is approved that the building that houses the gymnasium not encroach into the parking lot as proposed, and that the evening occupancy numbers be decreased.

Council Member Ridgeway provided his comments on the project; noting his satisfaction with the conditions set on the project by the Planning Commission. He stated that the conditions are stringent and can be enforced. He felt that the project would benefit the neighborhood, as well as the community at-large, but that he could support a smaller project, as recommended by Mayor Pro Tern Webb. He agreed that the functions do appear that they could be accommodated in a smaller building.

Council Member Rosansky provided his comments on the project; noting the numerous amount of communication received on the project and agreeing that the emphasis needs to be placed on the concerns expressed by the local community. He, additionally, expressed his support for the good work done by St. Andrews and felt that the project would provide a benefit to the community. He supported the project being approved, but at a reduced size and with reduced occupancy limits.

Council Member Nichols provided additional comments on the project; and expressed his support for the details included in the project, the intentions of the proponents and their acceptance of the conditions set by the Planning Commission.

Council Member Daigle provided her comments on the project; expressing her support for youth programs, as well her understanding of the neighbors concerns for traffic. She stated that solutions to improving quality of life need to be looked at comprehensively. She expressed support for moving forward with a smaller project and one that will benefit the community.

Council Member Selich provided his comments on the project; noting his experience with addressing the issue as a Planning Commissioner and the attempts to reach resolution. He suggested that multiple uses within the facility be increased, which would allow for a smaller project. He additionally noted that the parking ratio was one of the more controversial decisions that had to be made by the Planning Commission, with a 1:3 ratio finafly suggested. He stated that his own research suggests that it should be lower, and expressed support for looking at a smaller facility, as well as reducing the parking ratio and tying occupancy to parking.

In response to questions of the City Council, Planning Director Temple explained that the City's parking standard for churches is based on occupancy in the main sanctuary. The Planning Commission took into consideration the total occupancy of all facilities at the site.

Mayor Heffernan provided his comments on the project; expressing his concern for how contentious the issue has been and his dissatisfaction that the representatives of St. Andrew's and the neighborhood could not reach a compromise. He stated that they need to get along and suggested that the St. Andrews representatives again consider their proposal.



Mayor Heffernan recessed the meeting at 12:15 an. Mayor Heffernan reconvened the meeting at 12:42 a.in. with all Council Members present.

Mr. Hifigren expressed St. Andrew's understanding that the primary concern appears to be one of intensity of use and stated that St. Andrew's is prepared to make modifications to how the occupancy at the facility is managed. Specifically, he stated that St. Andrew's could agree to a limit of 400 occupants two evenings a week, 600 occupants three evenings a week and 1200 occupants the other two evenings of the week. Additionally, regarding the design challenges, Mr. Hillgren stated that St. Andrew's goal would be to reduce their request by 2,000 feet to roughly 19,000 square feet. Additionally, St. Andrew's agreed to increase the number of parking spaces provided to the students on the weekdays from 35 to 80. Lastly Mr Williams stated that St. Andrews is willing to cap any future requests for additional square footage on the existing property if the approved square footage is something that St Andrew's can work with.

Council Member Rosansky felt that 19,000 square feet was still too big, and that the church's stated need for creating a youth and family center could be accomplished within a smaller facility. Additionally, he wanted to see the promise to cap future requests formalized and more than 80 parking spaces devoted to the school. He expressed satisfaction with the stated occupancy limits.

In response to Council Member Selich's question, Mr. Hillgren stated that the church is not prepared to limit Sunday morning occupancies.

Council Member Nichols stated that the church has compromised enough, and more than should be expected.

In response to questions by the City Council, City Attorney Clauson stated that without a development agreement, there would not be a way to formalize a permanent cap.

Council Member Daigle expressed her support for the occupancy limits suggested by the church, but preferred to see something between 10,000 and 19 000 square feet.

Council Member Ridgeway reminded everyone that there is a community.wide benefit to the project, but also felt that 19,000 square feet would not be supported by the City Council. He suggested that 15,000 could possibly be supported. Mr. Hillgren asked for some additional time for the St. Andrews representatives to consider the issue.

Motion by Council Member Ridgewav to adopt Resolution No. 2005-43 certifying the Environmental Impact Report ana adopting a Mitigation Monitoring Program with the formatting changes recommended by staff, regarding the St. Andrews Presbyterian Church expansion project (State Clearinghouse No. 2003081065.

In response to questions by the City Council Planning Director Temple confirmed that the CEQA process allows the City Council to approve a project that is something less than identified in the EIR.

Ayes: Council Member Selich; Council Member Rosansky; Mayor



Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols Noes: Mayor Pro Tem Webb

Motion by Council Member Ridgeway to introduce Ordinance No. 2005-16 approving Code Amendment No. 2003-002 rezoning the St. Andrew's Presbyterian Church site; and adopt Resolution No. 2005-44 approving General Plan Amendment No. 2003-001, as amended to approve an additional 15,000 square feet, and Use Permit No. 2002-056 for the St. Andrew's Presbyterian Church expansion project, as amended to limit evening occupancy after 6:00 p.m. to 400 occupants two evenings a week, 600 occupants three evenings a week and 1200 occupants two evenings a week, a provision for providing Newport-Mesa Unified School District with 85 parking spaces on site, and a permanent cap of 119,440 g-ross square feet on the existing property.

Mr. Hiligren stated that the St. Andrew's representatives will ultimately need to decide if the project can stifi be done.

Ayes: Council Member Selich; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols Noes: Council Member Rosansky; Mayor Pro Tern Webb

E- PUBLIC COMMENTS . None.

MOTION FOR RECONSIDERATION . None.

ADJOURNMENT at 1:18 am. on August 12, 2005, to Tuesday, August 16, 2005, at 7:00 p.m.

The agenda for the Adjourned Regular Meeting was posted on August 5, 2005 at 12:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.

City Clerk

Recording Secretary

Mayor

Volume 57-Page 381

CITY OF NEWPORT BEACH - Granicus

Documents

Transcript of CITY OF NEWPORT BEACH - Granicus