HomeMy WebLinkAbout01/22/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 22, 2008 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION - 4:50 p.m
III. RECESS
IV. RECONVENED AT 7.00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION - Jim de Boom, Newport Mesa Irvine Interfaith Council
IX. PRESENTATIONS
Orange County Human Relations Commission Presentation of Certificate of
Recognition and Annual Report - Pat Krone, Orange County Human Relations Commission
Chairperson, discussed recent activities, provided the City with the annual report, and presented
Mayor Selich with a Certificate of Recognition.
Check Presentation from the Friends of the Newport Beach Library - Marty Flank,
Friends of the Newport Beach Library President, presented the Mayor and Library Services
Manager Warren with checks that total $20,100.
Presentation of Check to 1/1 Adoption Fund From Newport Harbor Republican Women -
Dolores Otting, Newport Harbor Republican Women President, introduced members in attendance
and presented Mayor Selich and 1/1 Marine Committee Chair/Deputy Administrative Services
Director Kurth with a check for $5,415.
Richard Luehrs Presentation of Petitions for Upper Bay Dredging - Richard Luehrs,
Newport Beach Chamber of Commerce President, presented petitions to Mayor Selich and reported
that the Chambers newsletter includes updates relative to dredging. Chris Palmer, Legislative
Aide to Congressman Campbell, discussed dredging funding and reaffirmed Congressman
Campbell's support.
National Blood Donor Month Proclamation - Mayor Selich read the proclamation and
presented it to Susan Patton of the American Red Cross.
X. NOTICE TO THE PUBLIC
Volume 58 - Page 379
City of Newport Beach
City Council Minutes
January 22, 2008
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH..COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR.. DISCUSSION, _ ACTION OR
REPORT. (N. ON- DISCUSSION ITEM);
Council Member Henn noted that the Municipal Code is enforced vigorously and reported on the
City's annual enforcement actions.
Council Member Rosansky reported that he attended the Christmas Boat Parade awards dinner
last Friday, attended the League of California Cities meeting about two weeks ago in which they
discussed group homes issues, and announced that Restaurant Week is this week.
Mayor Pro Tem Daigle discussed dredging efforts and possible solutions, and stated that the City
is committed to making dredging happen this year.
Council Member Gardner'ieported that all of the City's public streets are swept on a regular basis.
Council Member Curry encouraged the public to participate in Restaurant Week.
Council Member Webb discussed the progress at the Environmental Nature Center and stated that
it is scheduled to open in May. He also reported that the Orange County Sanitation District
(OCSD) will be having the dedication ceremony for the Groundwater Replenishment System on
Friday and that the OCSD will be discussing a possible rate increase tomorrow.
Mayor Selich discussed a visit from 23 Santa Fe, Argentinean students to City Hall last Friday.
XII. CONSENT CALENDAR
A. READING OF MIN UTESIORDINANCES AND RESOLUMMYS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF JANUARY 8, 2008, AND THE ADJOURNED REGULAR
MEETING OF JANUARY 12, 2008. (100 -20081 Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read
by title only.
B. ORDINANCES FOR ADOPTION
3. BAYSIDE RESIDENTIAL PLANNED COMMUNITY (PA2007 -166) - 919
BAYSIDE DRIVE - PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. 2007 -004 AND AMENDMENT TO NEWPORT TRACT
MAP NO. 2004 -001 (TENTATIVE TRACT MAP NO. 15823). (100 -20081
Adopt Ordinance No. 2008 -1 approving Planned Community Development Plan
Amendment No. 2007 -004.
4. TITLE 17 REORGANIZATION; COUNCIL POLICY H -1 AND HARBOR
DESIGN CRITERIA UPDATE. 1100 -20081 a) Adopt Ordinance No. 2008 -2
amending Title 17 of the NBMC to completely reorganize the Title with minor
revisions throughout; c) adopt Ordinance No. 2008 -3 that relocates Section
17.28.045 (Vehicle Restrictions on Public Piers and Plazas) to Section 11.08.090;
and c) adopt Ordinance No. 2008 -4 that relocates Section 17.28.060 (Skateboards)
to Section 12.57.22.
Volume 58 - Page 380
City of Newport Beach
City Council Minutes
January 22, 2008
C. ORDINANCES FOR INTRODUCTION
5. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING
COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION 21354.4
(2.5% @ 55 FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS (C-
563). [381100 -20081 a) Adopt Resolution No. 2008 -3 relating to the City's
intention to approve an amendment to the contract between the Board of
Administration, California Public Employees' Retirement System (PERS) and the
Newport Beach City Council to authorize cost sharing for the "2.5 %@55"
retirement formula for local miscellaneous members, including Key and
Management; and b) introduce Ordinance No. 2008 -6 relating to a PERS contract
amendment, and pass to second reading on February 12, 2008. (Council
Member Rosansky voted no on this item and Mayor Pro Tom Daigle
abstained on this item)
6. RESOLUTION OF INTENTION TO AWARD A NON - EXCLUSIVE SOLID
WASTE COLLECTION FRANCHISE TO GREEN ENVIRONMENTAL
WASTE AND RECYCLING, LLC. 1421100 -20081 a) Adopt Resolution of
Intention No. 2008 -4 to conduct a public hearing on February 26, 2008 to consider
the award of a Non. exclusive Solid Waste Franchise to Green Environmental
Waste and Recycling, LLC; and b) introduce Ordinance No. 2008 -7 granting a Non-
exclusive Solid Waste Franchise to Green Environmental Waste and Recycling,
LLC, and pass to second reading on February 26, 2008.
D. RESOLUTIONS FOR ADOPTION
7. RESOLUTION FOR STREET SWEEPING PARKING RESTRICTIONS IN
THE WEST SANTA ANA HEIGHTS COMMUNITY (oontd. from 118108). a)
Rescind Resolution No. 2007 -54; and b) adopt Resolution No. 2008 -5 replacing the
current County of Orange NO PARKING restrictions with City of Newport Beach
NO PARKING restrictions for street sweeping on Thursdays from 9:30 a.m. to
12:30 p.m. in the West Santa Ana Heights community.
S. RESOLUTION TO ACCEPT COUNTY FUNDS FOR RECYCLING. [100-
2008] Approve Resolution No. 2008 -6 so the City may obtain up to $30,000 from
the County of Orange to be used to supplement approved funding for creation of
the City's household hazardous waste collection center to be located in the City
Corporation Yard.
E. CONTRACTS AND AGREEMENTS
9. NEWPORT BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD (C-
3655) - COMPLETION AND ACCEPTANCE OF CONTRACT. [381100 -20081
a) Accept the work; 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.
10. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL
SYSTEM (C -3651) - AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH SCS ENGINEERING FOR OBSERVATION AND
SUPPORT SERVICES. [38/100 -20081 Approve Amendment No. 2 to the
Professional Services Agreement with SCS Engineers of Long Beach, California,.
for additional observation and support services for the Newport Terrace Landfill
Volume 58 - Page 381
City of Newport Beach
City Council Minutes
January 22, 2008
Gas Collection and Control System (C -3651) at a not to exceed price of $32,838 and
authorize the Mayor and City Clerk to execute the agreement.
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH
HARDY & HARPER, INC. AND OLIVER MAHON ASPHALT, INC. FOR ON-
CALL ASPHALT UTILITY REPAIRS (C- 4015). [381100 -2008] Approve
Professional Services Agreements with Hardy & Harper, Inc. and Oliver Mahon
Asphalt, Inc. for on -call asphalt utility repairs, and authorize the Mayor and City
Clerk to execute the agreements.
13. CITY - COUNTY SUBLEASE FOR WATER QUALITY LAB WING OF THE
BACK BAY SCIENCE CENTER (C- 4016). [381100 -2008] Authorize the Mayor
to execute a Sublease with the County of Orange for the Water Quality Lab wing
of the Back Bay Science Center and have the sublease effective upon approval by
the Orange County Board of Supervisors.
14. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH (C-
4017). [381100 -2008] Continued.
F. MISCELLANEOUS
15. ACCEPT FIREMAN'S FUND GRANT FOR SCBA BOTTLES. [100 -2008] a)
Accept the Fireman's Fund heritage Reward Grant in the amount of $15,000.00 to
purchase 18 Self Contained Breathing Apparatus (SCBA) bottles; b) approve a sole
source contract with AllStar Fire Equipment Inc. with an amount not to exceed
$15,000.00 for the SCBA air bottles; and c) approve a budget amendment (08BA-
038) increasing revenue estimates by $15,000.00 in 2320 -4914 and appropriating
those funds into Fire Department Account 2320 - 82007.
16. BUDGET AMENDMENT TO ACCEPT TWO CHECKS FROM THE
FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE
FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR
FISCAL YEAR 2007 -08. [100 -2008] Approve a budget amendment (08BA -040)
to increase revenue estimates by $20,100 in Account No. 4091 -5892 (Friends of the
Library Donations) and increase expenditure estimates by $20,100 in Division
4091, Friends.
17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA
STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY
SERVICES FOR FISCAL YEAR 2007 -08. [100 -2008] Approve a budget
amendment (08BA -041) to increase expenditure appropriations by $13,866 in
Division 4060, Literacy, and increase revenue estimates by the same amount in
Account No. 4010.4832, California Library Literacy Services.
S21. DOVER DRIVE SIDEWALK - APPROVAL OF AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC.,
FORMERLY KNOWN AS VAN DELL AND ASSOCIATES (C- 8652). [381100-
2008] Approve Amendment No. 6 to Professional Services Agreement with VA
Consulting, Inc., formerly known as Van Dell and Associates for a not to exceed
amount of $19,430 and authorize the Mayor and City Clerk to execute the
Amendment
S22. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR (C -3778)
- APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL
Volume 58 - Page 382
City of Newport Beach
City Council Minutes
January 22, 2008
SERVICES AGREEMENT WITH DUDEK AND ASSOCIATES, INC. (381100-
20081 a) Approve Amendment No. 2 to the Professional Services Agreement with
Dudek & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully
Wetlands and Maintenance Road Repair at a not to exceed amount of $18, 750 and
authorize the Mayor and City Clerk to execute the Agreement; and b) approve a
budget amendment (08BA -043) transferring $15,750 from salary savings in the
Engineering Division (5100 -7099) to Buck Gully Wetlands and Maintenance Road
Repair project (7014- C5100659).
Motion by Council Member,Daigle to approve the Consent Calendar, except for the item
removed (11), and noting the no vote by Council Member Rosansky on Item 5, the abstention by
Mayor Pro Tem Daigle on Item 5, and the continuation of Item 14.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
Mayor Selich recommended discussing Item 20 (Group Residential Uses) when the Public Hearing
(Item 18) is recessed in order to tabulate the Assessment District ballots.
Motion by Council Member. - Webb to discuss Item 20 (Group Residential Uses) when Item 18
(Assessment District No. 92) is recessed in order to tabulate the ballots.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
XIII. ITEM REMOVED FROM THE CONSENT CALENDAR
11. CONTRACT AMENDMENT WITH CR TRANSFER, INC., FOR PROCESSING THE
CITY'S SOLID WASTE MATERIALS (C- 2807). (381100 -20081
Council Member Gardner indicated that Council received an email from Judy Ware.
General Services Director Harmon discussed the phases of solid waste collection and
clarified that they are recommending that the contract be extended until staff can draft a
Request For Proposal (RFP) for the processing of solid waste materials, including an option
to also transfer the materials from the City Yard to the processing facility in order to see if
there will be a cost benefit to the City. He confirmed that the process will be conducted by
competitive bid and emphasized that this does not affect the solid waste collection phase.
Dolores Otting requested a copy of the email, suggested that the company transferring the
material be associated with a recycling facility, and received confirmation from the City
Attorney that the RFP will request the company's history, insurance information, driving
history, etc.
Motion by Council Member Gardner to approve the amendment to the current
contract with CRT, extending the agreement from February 28, 2008 through June 30,
2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council. Member Gardner
Volume 58 - Page 383
City of Newport Beach
City Council Minutes
January 22, 2008
XIV. PUBLIC HEARING
18. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED
BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST
HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT.
Mayor Selich read the procedures for the Assessment District. Senior Civil Engineer Lee
provided a staff report.
Assessment Engineer Dave Stuetzel described Assessment District No. 92 boundaries and
cost. He noted that the 54 parcel undergrounding does not include cable service. He
discussed the Engineer's Report and the methodology used.
Hearing no testimony, Mayor Selich closed the public hearing and announced that staff
will tabulate the ballots and then Council will take action on this issue after the group
homes agenda item has concluded.
XVIII. CONTINUED BUSINESS
20. GROUP RESIDENTIAL USES: ADOPTION OF ORDINANCE NO. 2008 -5
AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GROUP
RESIDENTIAL USES AND REPEALING THE TEMPORARY MORATORIUM ON
THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT
ARE TRANSITORY IN NATURE (2ND READING); ADOPTION OF RESOLUTION
NO. 2008 -8 SUNSETTING THE INTENSE RESIDENTIAL OCCUPANCY
COMMITTEE (IROC); ADOPTION OF RESOLUTION NO. 2008 -9 AMENDING THE
DUTIES AND TERM OF THE CITY COUNCIL AD HOC COMMITTEE ON GROUP
RESIDENTIAL USES; CONSIDERATION OF AN IMPLEMENTATION PLAN ON
GROUP RESIDENTIAL USES; AND ADOPTION OF A NEW COUNCIL POLICY
ON HEARING OFFICERS.
Joel Slutsky requested that the 1,000 foot separation be included in the ordinance,
particularly for the nonstandard areas since there is no precedence and the City will be
sued anyway. He reviewed the list of individuals and agencies he spoke to about this
issue.
Willis Longyear requested that the ordinance include a 1,000 foot separation and a timely
abatement.
Cynthia Koller informed the audience that they can fill out an online complaint form
relative to group rehabilitation homes. She believed that Los Angeles is considering
placing the 1,000 foot separation into its ordinance. She took issue with the Intense
Residential Occupancy Committee (IROC) minutes, including certified homes in the
ordinance, not using State language, and the amount of activity /deliveries that group
homes generate. She questioned the working relationship between the ad hoc committee
and the hearing officer and believed that the moratorium should not end until all the
homes have gone through the Conditional Use Permit (CUP) process.
Dolores Otting took issue that her questions from the last meeting were not included in
the staff report and reiterated them. She encouraged the City to work with the coalition of
cities and questioned why the ordinance doesn't adopt State laws and definitions. She
presented and read a portion of the Alcohol and Drug Programs (ADP) California Code of
Regulations (CCR) and believed that Section B of the ordinance is vague.
Volume 58 - Page 384
City of Newport Beach
City Council Minutes
January 22, 2008
Bob Rush discussed how Ordinance No. 2004 -16 affected the community and addressed
conflicts of interest. He took issue that no one has responded back to him relative to
documents he submitted at the April 10, 2007 Council Meeting. He expressed displeasure
with the ordinance and noted that citizens can vote in new officials, recall current officials,
or sue the City.
Mary Hyatt discussed how the Peninsula atmosphere has changed over the past five years
and believed that the rehabilitation homes may be contributing to the increase in crime.
Dick Nichols stated that group homes need to be licensed and suggested tracing the
rehabilitation classes. He discussed CRC's purchase of Sober Living By The Sea (SLBTS).
Lori Morris questioned the language in the ordinance, asked why the City isn't adopting
State laws, requested that the CUP hearings be conducted at a time that working citizens
could attend, believed that the group homes operators, not the taxpayers, should pay for
the costs, and requested that the 1,000 foot separation be included. She took issue with
certified homes being included in the ordinance.
Shelly Dobkin expressed concern with overconcentration in the community and requested
that the City pass an ordinance that protects the citizens. He suggested including the
1,000 foot separation.
Denys Oberman believed that the ordinance is not strong enough, has no standards, and
does not go far enough, and that there is a relationship between drug use and crime. She
discussed an interview between an L.A. Times reporter and Grant McNiff after an
Alcoholics Anonymous (AA) meeting. Council Member Gardner explained that she has not
had contact with Mr. McNiff for many years and has not spoken with him about this issue.
Anita Nermisch asked what process and priorities Council followed to make these
decisions and how the City thinks it looks to the world. She requested that Council
maintain the citizens' quality of life.
Jim Markman, Special Legal Counsel, discussed how legal counsel had to try to balance
housing laws for handicapped individuals and the impacts of overconcentration on
residential areas. He reported on the rationale relative to the ordinance's distancing
guideline and how the City has to follow what has been adopted by the Ninth Circuit. He
further discussed the merits of utilizing the CUP process and expressed concern about how
a 1,000 foot separation would be applied. He explained that the language in the ordinance
came from a number of revision, which were discussed with Concerned Citizen of
Newport Beach (CCNB). He clarified what certified homes are and highlighted the
certification process for the Sheriffs Department program.
In response to Council questions, Special Legal Counsel Markman explained how keeping
the certification language in the ordinance does not automatically allow more group homes
into the City and stated that he does not recommend taking the language out. He noted
that, if the language was removed, the ordinance would need to go through first reading
again and would not stop operators from getting certification. He pointed out that the
hearing officer qualifications are in proposed Council Policy F -26. Assistant City Manager
Kiff explained why the hearing officer should be a practicing attorney and member of the
California State Bar in good standing or retired from the State Bar in good standing to
make decisions associated with Section 1.08.055; however, other types of hearings (i.e. code
enforcement hearings) do not require a hearing officer to be a member of the State Bar
unless they are already an attorney. Special Counsel Markman stated that some of the
findings may be the same, but all the findings of facts will be different. He discussed the
importance of having the citizen and staff produce evidence so that circumstances are put
Volume 58 - Page 385
City of Newport Beach
City Council Minutes
January 22, 2008
on record for use permit and revocation hearings. He indicated that his office will contact
the City of Los Angeles regarding the 1,000 foot separation provision and indicated that no
other city has adopted this standard. He explained integral facilities and integral uses.
Special Legal Counsel Markman indicated that State laws and ADP standards do not tell
cities how to make land use or zoning decisions, or how to process a license. He explained
that, pursuant to State planning law, the moratorium is required to end once a land
use /zoning approach is adopted since the basis for the moratorium no longer exists. He
emphasized that the City still maintains its right to a trial against violators of the
moratorium and that the violators are not eligible for a use permit to continue the illegal
use. He explained why the expense of the hearings should be absorbed by the City and
discussed how other cities may be defraying the costs. He indicated that the use permit
process for this type of issue is cutting edge and aggressive. He expressed the opinion that
a professionally run hearing that can be appealed to Council makes the process work more
efficiently.
Assistant City Manager Kiff indicated that the IROC minutes are in draft form and can be
amended, and group homes operators will be required to explain how they are going to
enforce the requirements, including the smoking requirement. He discussed the City's
desire to work with other cities to pursue legislation or an initiative to address the issues,
and reported that a bill may be introduced in two weeks. He stated that there is no ability
for local government to require that someone be tracked after they leave the program;
however, the use permit may be able to request an Operation and Management Plan that
explains where their participants go after they are released. He explained the proposed
amendments to the ad hoc committee duties as it pertains to hearing officer selection.
Special Legal Counsel Markman added that the hearing officer(s) will be under contract,
act independently, and be outside the control of Council. He discussed the conference with
outside cities, the various attorneys that reviewed the issues, and the Planning
Commission and City Council hearings. He emphasized the desire to eliminate the
impacts of overconcentration while still protecting the rights of disabled individuals in the
community.
Council Member Henn recommended that the use permit hearings be scheduled at a
convenient time so residents have the opportunity to attend the hearings. He noted that
two - thirds of the initial implementation costs will be absorbed by the applicant, but there
will be ongoing costs related to enforcement. He believed that the ordinance is
aggressive, pointing out that new group homes are only permitted in the MFR District, the
City is defusing integral facilities and integral uses, and overooncentration will be
substantially mitigated.
Council Member Curry stated that Mitt Romney has nothing to do with this issue and
assured the residents that the City takes the group homes issues seriously.
Regarding the number of beds and homes in the City, Assistant City Manager Kiff
discussed the investigatory process staff conducted of each residence and acknowledged
that there is a discrepancy between the City's and CCNB's counts. He reported that the
City can verify to date 503 beds and 85 facilities (28 are licensed). He stated that each
facility will be invited to go through the use permit process.
Volume 58 - Page 386
City of Newport Beach
City Council Minutes
January 22, 2008
Assistant City Manager Kiff requested that the definition of Residential Care Facilities,
General (page 9 of the ordinance) be amended to read, "...sites or buildings, licensed by the
State..." Regarding Council Policy F -26 related to hearing officer qualifications for appeals
authorized by NBMC Section 1.08.055, he recommended that the third bullet state, "If
applicable, be a member of the California State Bar..." For decisions associated with Title
20, he recommended that the second sentence of the fourth bullet state, "Each candidate's
potential conflicts of interests shall be reviewed..."
In response to Council questions, Assistant City Manager Kiff indicated that it is staffs
intent to have Mr. Markman's office assist the City in reviewing hearing officer
candidates. Special Legal Counsel Markman indicated that they will explore whether a
candidate has had or currently has any financial interest or connection to any group homes
operator, and if they have any ethical barriers.
Motion by_ Council Member Henn to a) adopt Ordinance No. 2008 -5 relating to Group
Residential Uses and the repeal of the Temporary Moratorium on New Residential Uses
that are Transitory in Nature, including the amendment to the Residential Care Facilities,
General definition to read, "...sites or buildings, licensed by the State... "; b) adopt
Resolution No. 2008 -8 sunsetting the Intense Residential Occupancy Committee (IROC); c)
adopt Resolution No. 2008 -9 amending the duties and term of the City Council Ad Hoc
Committee on Group Residential Uses; d) receive and file City staffs draft Implementation
Plan relating to new Use Permits and review of existing Use Permits; and e) adopt Council
Policy F -26 (Hearing Officers) with the amendment to qualifications for hearing officers for
appeals authorized by NBMC Section 1.08.055 (third bullet) to state, "If applicable, be a
member of the California State Bar..." and, for decisions associated with Title 20, amend
the second sentence of the fourth bullet to state, "Each candidate's potential conflicts of
interests shall be reviewed..."
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XIV. PUBLIC HEARING (Contd.)
18. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED
BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST
HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT. [891100 -20081
City Clerk Harkless announced that 64% of the ballots submitted were in favor of the
Assessment District, for a total assessment of $1,107,858.87, and 36% of the ballots were
submitted in opposition, for a total assessment of $611,569.02.
Motion by Council Member Webb to a) adopt Resolution No. 2008 -7 declaring the
results of the ballot tabulation, approving the Assessment Engineer's Report, confirming
the assessment for Assessment District No. 92, ordering the acquisition of improvements,
and designating the area as an Underground Utilities District; and b) approve a budget
amendment (08BA -042) in anticipation of the formation and approval of Assessment
District No. 92 (the proposed budget amendment of $2,053,537 will provide $1,916,537 for
the design, construction, financing and incidental contingencies and $137,000 to establish
a bond reserve; increase revenue estimates by $1,916,537 and increase expenditure
appropriations by $1,803,567; the difference of $112,970 will be utilized to reimburse the
City for past assessment engineering and design expenditures related to this District; and
appropriate $28,018 for the related assessment on City -owned property within the
Volume 58 - Page 387
City of Newport Beach
City Council Minutes
January 22, 2008
District).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XV. PUBLIC COMMENTS
Wendy Brooks expressed support for Measure B and discussed reasons for having City Hall in the
park.
Tom Moulson provided ten reasons why he will be voting no on Measure B.
Marcia Dossey discussed open space in the General Plan and indicated that she will be voting yes
on Measure B.
Dick Nichols discussed traffic issues and expressed support for Measure B.
Debra Schultz discussed benefits of having City Hall in the park and expressed support for
Measure B.
Jo Vandervort stated that she will be voting yes on Measure B.
Seymour Beek indicated that he will be voting yes on Measure B.
Bill Ficker discussed the project and expressed support for Measure B.
Karen Tringali expressed reasons why she is opposed to Measure B and discussed options.
Ron Hendrickson discussed the Defend the Bay litigation and expressed support for Measure B.
Jan Vandersloot expressed his reasons for voting no on Measure B and expressed concern that
Measure B is a City Charter amendment.
Nancy Skinner expressed support for Measure B.
Hugh Logan explained why he is voting no on Measure B.
Novelle Hendrickson discussed reasons why she will be voting yes on Measure B.
Kathy Hoffman expressed her reasons for opposing Measure B.
Dolores Otting discussed open space in the General Plan and expressed reasons why she will be
voting yes on Measure B.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported that the Environmental Quality Affairs Committee (EQAC)
indicated that they will be considering whether to recommend that Council adopt a styrefoam ban
in the City. He added that they also heard a presentation on Leadership in Energy and
Environmental Design (LEED) building requirements.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
19. PLANNING COMMISSION AGENDA FOR JANUARY 17, 2008. (100 -2008]
Volume 58 - Page 888
City of Newport Beach
City Council Minutes
January 22, 2008
Without objection, the item was received and filed.
XIM MOTION FOR RECONSIDERATION - None.
XX. ADJOURNMENT -Adjourned at 10:45 p.m. in memory of Dr. Gary Clonts.
The agenda for the Regular Meeting was posted on January 16, 2008, at 4:00 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 January 18,
2008, at 1:58 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
1-k �� rmr,-"/
Record*g Secrete y
Mayor
Volume 58 - Page 8.88