HomeMy WebLinkAbout06/10/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 10, 2008 — 7:00 p.m
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:17 p.m.
III. RECES$
IV. RECONVENED AT_7:00 PAL FOR REGUI.AREETING
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
City Attorney Clauson reported that Council will reconvene into Closed Session at the end of the
meeting.
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION' -Mr. Frank Carpenter
Df. PRESENTATIONS
National Anthem Sung by All American Boys Chorus -Thomas Sweeney introduced and
provided information about the chorus prior to them singing the National Anthem.
Citizen of the Year Proclamation for Lula Halfacre - Richard Luhrs, President of the Newport
Beach Chamber of Commerce, introduced Lula Halfacre, and Mayor Selich read the proclamation
and presented it to her.
Presentation by American Cancer Society Relay for Life Event Chair Kriaztina Scheeff -
Krisztina Scheeff thanked and applauded the Mayor, Council and City staff for their contribution of
$33,000 and noted that firefighter Brian McDonough walked U. hours in his full turnout. Mayor
Selich thanked Lynn Hackman for all of her work with the Council Critters team.
Annual Youth Council Report - Recreation Supervisor Valdez introduced Ruben Dajee, Vice
President of the Youth Council. He presented a PowerPoint to show the accomplishments of the
Youth Council. Council Member Rosansky commended them and encouraged parents to have their
child participate in the program. Mayor Selich congratulated them for showing interest in local
government. Council Member Curry encouraged residents to watch replays of the Youth
Government Day.
July Smart Irrigation Month Proclamation - Mayor Selich read the proclamation and presented
it to Code Enforcement Officer Burckle. Code Enforcement Officer Burckle reminded residents to
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adjust sprinklers, adjust the time of day that water is being applied for landscaping, and to repair
broken irrigation and misguided sprinkler heads. Code Enforcement Officer Burckle stated that
the best time to water the lawn is before 8:00 a.m. and after 7:00 p.m.
X. NOTI_CE TO THE PUBLIC
M. CITY COUNCIL N
ANNOUCEMENTS OR MATTERS WHICH MEMBERS
WOULD-LIKE PLACED ON_ A FUTURE AGENDA FOR DISCUBSION� ACTIOhT._OR
REPORT .OW-K -I ISCUSSION_IFEMI:
Council Member Henn announced that the Balboa Theater will be having a Rocky Horror Picture
Show fundraiser dinner on Friday, June 13. Tickets are $150 per person.
Council Member Rosanaky announced that .he attended the Conference and Visitors Bureau
dinner and also attended the Sumo Wrestling Tournament to support Kotomtsuki.
Mayor Pro Tem Daigle announced that she will be attending the Miocean event, a contributor to the
Back Bay Science Center, which will feature a teaching lab so children can learn about water
quality.
Council Member Gardner announced that she and Mayor Selich attended the Corona del Mar
Middle School good citizenship awards ceremony.
Council Member Curry announced that the Newport Harbor Elks Lodge will have their annual Flag
Day ceremony on Saturday, June 14, at at 1:00 p-m. on the front lawn of City Hall.
Council Member Webb shared an experience with a siren system in another state and explained
that sirens are an assistance if you are outdoors. He suggested that the City look into a 911 system
that will call residents to notify them of the reason for the siren.
Mayor Selich announced that Speak Up Newport will have a meeting on Wednesday, June 11, from
5:00 to 7:00 p.m. at the Newport Beach Yacht Club and will feature speaker Allen H. Dyer.
XII. CONSENT CALENDAR
A. READING OFMINUTESIORDINANCE AND RESOLUTIONS
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF
MAY 27, 2008. 1100 -20081 Waive reading of subject minutes, approve as written
and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20081 Waive reading
in full of all ordinances and resolutions under consideration, and direct City Clerk to
read by title only.
B. RESOLUTIONS FOR ADOPTION
3. BAY BURGER RESOLUTION - 600 BAY AVENUE E #A -7 - USE PERMIT NO.
2007 -027 (PA2007 -219). [100 -20081 Adopt Resolution No. 2008 -43 with findings
and conditions of approval for Use Permit No. 2007 -027.
4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD,
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BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER
STREETS FOR THE JULY 4TH HOLIDAY. [100 -20081 Adopt Resolution No.
2008 -44.
5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL-
2007-2008 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF
INTENTION TO LEVY FOR FISCAL YEAR 2008 -2009. [100 -20081 a) Approve
the Corona del Mar Business Improvement District Fiscal Year 2007 -2008 Annual
Report; and b) adopt Resolution of Intention No. 2008 -45 to levy assessments and
set the public hearing for June 24, 2008.
6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008-
2009. [100 -20081 a) Approve the Balboa Village Business Improvement District
2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -46 to levy
assessments and set the public hearing for June 24, 2008.
MARINE AVENUE 'BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008-
2009. [100 -20081 a) Approve the Marine Avenue Business Improvement District
Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -47
levy assessments and set the public hearing for June 24, 2008.
C. ORDINANCE FOR INTRODUCTION
D. CONTRACTS AND AGREEMENTS
11. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT
FOR PROJECT MANAGEMENT, CONSTRUCTION ADMINISTRATION,
AND CIVIL ENGINEERING DESIGN SERVICES WITH GABLE
ENGINEERING, INC. (C-4055).1381100-20081 Approve an On -Call
Professional Services Agreement with Gable Engineering, Inc. for project
management, construction administration, and civil engineering design services and
authorize the Mayor and the City Clerk to execute the Agreement.
12. SUPERIOR AVENUE REHABILITATION - COMPLETION AND
ACCEPTANCE OF CONTRACT (C -8869). [381100 -20081 a) Accept the
completed contract work; b) authorize the City Clerk to file a Notice of Completion;
c) authorize the City Clerk to release the Labor and Materials bond 35 days
after the Notice of Completion has. been recorded with applicable portions of the
Civil Code; and d) release the Faithful Performance Bond one (1) year after Council
acceptance.
14. INTEGRATED REGIONAL WATER MANAGEMENT PLAN FOR NEWPORT
BAY WATERSHED - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH DUDEK (C-4004).[381100-20081 a) Approve an
Amendment to the Professional Services Agreement with Dudek of Irvine
for professional services at a not to exceed price of $67,810 and authorize the Mayor
and City Clerk to execute the Agreement; and b) approve a budget amendment
(08BA -077) transferring $67,810 from Account No. 7414- C5002000 Newport Coast
Runoff Reduction Program to Account No. 7014- CO310929 (Harbor Area
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Management Plan).
15. WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED -
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
KRISTA SLONIOWSKI OF CONNECTIVE ISSUES (C- 3924). [381100 -2008] a)
Approve Amendment No. 2 to the Professional Services Agreement with Connective
Issues (Krista Sloniowski) of Los Angeles for professional services at a not to exceed
price of $12,000 and authorize the Mayor and City Clerk to execute the Agreement;
and b) approve a budget amendment (08BA -079) transferring $12,000 from Account
No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014 -
00310929 (Harbor Area Management Plan)_
16. 88TH STREET TIDAL STRUCTUREITIDE VALVE - AWARD OF CONTRACT
(C- 3954). 1381100 -20081 a) Approve the project plans and specifications; b) award
the contract to GCI Constructions, Inc. for the total bid price of $92,800 and
authorize the Mayor and the City Clerk to execute the contract; and c) establish an
amount of $9,200 to cover the cost of unforeseen work.
17. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL SERVICES
AGREEMENTS AND AN ON -CALL PROFESSIONAL SERVICES
AGREEMENT FOR LANDSCAPE DESIGN SERVICES (C- 3854). 1381100-
2008] a) Approve Amendment No. 1 with TCLA, Inc. for on-call landscape design
services and authorize the Mayor and the City Clerk to execute the Amendment; b)
approve Amendment No. 1 with David Volz Landscape Design for on -call landscape
design services and authorize the Mayor and the City Clerk to execute the
Amendment; and c) approve an On -Call Professional Services Agreement with
David A. Pederson for landscape design services and authorize the Mayor and the
City Clerk to execute the Agreement.
18. COMMUNITY YOUTH CENTER - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH DOUGHERTY & DOUGHERTY
ARCHITECTS, LLP. (C -4057) 1381100 -2008] Approve a Professional Services
Agreement with Dougherty & Dougherty Architects, LLP, of Costa Mesa for design
and construction documents at a contract price of $83,300 and for bid support and
construction administration at an hourly fee not to exceed $24,100 for a total not to
exceed contract price of $107,400, and authorize the Mayor and the City Clerk to
execute the Agreement.
19. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT -
AWARD OF CONTRACT (C- 3932). 1381100 -20081 a) Approve the project plans
and specifications; b) award the contract to Pouk & Steinle, Inc. for the total bid
price, including Additive Bid Item -1 of $326,940, and authorize the Mayor and the
City Clerk to execute the contract; and c) establish an amount of $33,000 to cover
the cost of unforeseen work.
E. MISCELLANEOUS
20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION
OF. NOMINEES. [2&100 -2008] Confirm the nominations made by the Ad Hoc
Appointments Committee (as listed in staff report); and change Bill Avery to Brad
Avery.
21. TRANSFER OF FUNDS FOR THE NEWPORT COAST COMMUNITY
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CENTER (NCCC) SOUND; LIGHTING AND VIDEO ENHANCEMENTS.
[100 -2008] Approve a budget amendment (08BA -080) which transfers $100,350
from 2007 -08 FY park project surplus funds to a capital outlay account for the
purchase of lighting, video and audio equipment at the Newport Coast Community
Center.
532. RESOLUTION ESTABLISHING A CITY COUNCIL AD HOC COMMITTEE
TO MAKE RECOMMENDATIONS REGARDING THE DUTIES, THE
SALARY AND THE PROCESS FOR FILLING THE NEWPORT BEACH CITY
CLERK POSITION. [291100 -20081 Adopt Resolution No. 2008 -50 creating the
City Clerk Ad Hoc Recruitment Committee, and approve the Mayor's appointment
of Council Members Henn (Chair), Curry and Gardner to the committee.
533. CITY COUNCIL APPROVAL OF A RETIREMENT AGREEMENT WITH THE
CITY ATTORNEY AND RESOLUTION ESTABLISHING A CITY COUNCIL
AD HOC COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE
DUTIES, THE SALARY AND THE PROCESS FOR FILLING THE CITY
ATTORNEY POSITION. 1291381100 -20081 a) Approve the proposed retirement
agreement with the City Attorney; and b) adopt Resolution No. 2008 -51 creating the
City Attorney Ad Hoc Recruitment Committee, making any changes to better reflect
the City Council's thinking on this issue and approve the Mayor's appointment of
Council Members Webb (Chair), Rosansky and Daigle to the committee.
Motion by Mayor Pro Tem Daigle to approve the Consent Calendar except for the items removed
(8,9,10,13 & 22); and noting the name change on Item 20 to Brad Avery.
The motion carried by the following roll call vote:
Ayes: Council Member Henn Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
8. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL:
ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR OF
JULY 1, 2008 TO JUNE 30, 2009. [100 -20081
Council Member Webb expressed concern about the increase of funds requested by the
Restaurant Association to cover costs for a second Restaurant Week.
Motion by Council Member Webb to a) approve the Restaurant Association
Improvement District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of
Intention No. 2008 -48 to levy assessments and set the public hearing for June 24, 2008_
In response to Council's questions, Assistant City Manager Wood clarified that the
budget issues will be heard at a later date, there is no commitment from Council to provide
any funding, the resolution gives the City the ability to assess the restaurateurs, and there
will be a separate public hearing for the budget to be discussed.
Jim Walker, Bungalow Restaurant, stated that the Restaurant Association sales tax
revenues have been doubled.. He stated that the problem that the association faces is that
they are trying to market all the restaurants in Newport Beach collectively. He noted that
the first Restaurant Week generated approximately $50,000 of revenue back to the City and,
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if the amount needed is assessed, some restaurants will not participate.
Sherry Drury, Restaurant Association President, stated that Restaurant Week benefits
other businesses by bringing people into the area.
Terry Civello, Blue Coral Restaurant, stated that she appreciates the support from the City
and would like to see Restaurant Week continue.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selicb, Council Member Webb, Council Member Curry, Council Member Gardner
9. AMENDMENTS TO CITY COUNCIL POLICY ON ECONOMIC DEVELOPMENT (H-
10) AND RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT
COMMITTEE. 1100 -20081
In response to Council Member Gardner's question, Assistant City Manager Wood clarified
that the amendments are to the. City Council Policy and not the Economic Development.
Committee Policy.
Motion by. Council Member Gardner to a) adopt the proposed amendment to the Council
Policy on Economic Development (provided as Attachment 1); and b) adopt Resolution No.
2008 -49 revising the membership of the Economic Development Committee (Attachment 2).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
10. COST RECOVERY ORDINANCE (CHAPTER 3.36) - FEE RESOLUTION & MASTER
FEE SCHEDULE. [100 -20081
In response to Council Member Rosansky's question, Council Member Curry stated that he
requested to. have the ordinance and resolution presented at the same time and that the
item could be brought back to Council at the June 24 meeting.
Mot ion by Council Member Rosansky to continue the item to June 24, 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
18. UPPER BAY AND HARBOR AREA MANAGEMENT PLAN (HAM) - AMENDMENT
NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND
ASSOCIATES FOR PROJECT MANAGEMENT (C-3832).138/100-20081
Mayor Pro Tem Daigle described a consultant list that she suggested be generated of
consultant that work on harbor issues.
Motion by Mayor Pro Tem Daigle to a) approve Amendment No. 2 to the Professional
Services Agreement with Larry Paul and Associates of Newport Beach to provide project
management services for the Harbor Area Management Plan and coordinate integration
efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to
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exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement;
and b) approve a budget amendment (08BA -078) transferring $25,000 from Account No.
7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014- CO310929
(Harbor Area Management Plan);
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb,. Council Member Curry, Council Member Gardner
22. LEGISLATIVE UPDATE - GROUP RESIDENTIAL BILLS. (100 -20081
Laura Curran expressed concern about the regulation of the group homes and stated that
the Health and Safety Code eliminates the City's ability to regulate zoning. She urged
Council to advocate for the adoption of the integral facility definition through judicial and
legislative means. She believed that the City should engage with leaders at the County and
State level and incorporate the residents into the advocacy efforts.
Daniel Weldon, Concerned Citizens of Newport Beach, noted that they have attempted to
settle their disputes with the City and suggested that Council work to reduce
overconcentration, reduce the number of beds, and not have group homes close to schools.
City Attorney Clauson noted that the City will not comment on the negotiations until there
is a final agreement, the City is involved in the mediation process, and as a condition all
parties can't disclose any information at this time.
Denys Oberman stated that there is a need on a local level to pursue the remedies of the
Concerned Citizens of Newport Beach.
Motion by Council Member Rosansky to receive and file the report.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb,'Council Member Curry, Council Member Gardner
XIV. _ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Rosansky reported that the 4th of July Safety Committee met on Monday to discuss
holiday preparations. He noted that Balboa Boulevard will be closed from Pacific Coast Highway to
32nd Street from Friday at 10:30 a.m. to Saturday at 1:00 a.m.
Mayor Pro Tem Daigle stated that the Media and Communications Committee is working to revise
the Communication Policy.
Council Member Curry stated that the Finance Committee met with employees from Library
Services and the Public Works Department to discuss the benchmarking process.
XV. PUBLIC HEARINGS
. 23. FISCAL YEAR 2008-09 PROPOSED BUDGET HEARING. 1100 -20081
Administrative Services Director Danner reported that a budget checklist will be prepared
for City Council review.
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Council Member Gardner requested to add $100,000 to match funds from the Corona del
Mar Business Improvement District to begin phase two of the vision beautification project.
Council Member Webb suggested that the Restaurant Association Business Improvement
District's funding be reduced to $50,000 and asked that they match the funding. Council
Member Henn suggested that the'Restaurant Association be increased by $75,000.
Council Member Rosansky asked that.the artificial turf for Bonita Creek Park be added to
the checklist.
Mayor Pro Tem Daigle suggested that Council look for ways to fund the dredging project and
stated that a potential project is to add landscaping on the dirt shoulder of Bristol Avenue.
Mayor Selich opened the public hearing, Hearing no testimony, he closed the public hearing.
Motion by Council Member. Rosansky to prepare a "checklist" of proposed changes to the
proposed budget that will be reviewed by the City Council at the meeting of June 24, 2008,
and direct the preparation of the budget resolution for adoption at the Council Meeting of
June 24, 2008, including any "checklist" items that are recommended for approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
24. 2008 -09 APPROPRIATION LIMIT HEARING. (100 -20081
Mayor Selich opened the public hearing, Hearing no testimony, he closed the public hearing.
Motion by Council Member. Rosansky to adopt Resolution No. 2008 -50 approving the
City's Appropriation (Gann) Limit for the 2008-09 fiscal year in the amount of $139,044,407.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
26. PAVILION'S WINE TASTING APPEAL - 21181 NEWPORT COAST DRIVE - USE
PERMIT NO. 2007 -029 (PA2007 -243) TO ADD A WINE AND BEER TASTING
COUNTER WITHIN AN EXISTING PAVILION'S GROCERY STORE. 1100 -20081
Mayor Selich opened the public hearing, Hearing no testimony, he closed the public hearing.
Motion by Council Member Rosanskv to continue public hearing to July 22, 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council. Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council. Member Gardner
26. 'APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A 24 -UNIT
CONDOMINIUM —SUBDIVISION ___ SEASHORE MLLAGE _RESIDENTIAL
DEVELOPMENT (PA2007 -100) - 5516 RIVER AVENUE - MITIGATED NEGATIVE
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DECLARATION; TENTATIVE TRACT MAP NO. 2007 -001; MODIFICATION
PERMIT NO. 2007 -044; USE PERMIT NO. 2007 -011; AND COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO. 2007 -001. [100 -20081
Associate Planner Murillo reported that the appellant requested that Council reconsider and
reverse the action to adopt the Mitigated Negative Declaration (MND) and the action to
approve the project.
Mayor Selich opened the public hearing.
Lennie DeCaro dismissed her request for the continuance.
Mayor Selich closed the public hearing.
Mgtion..by Council Member Rosanskv to adopt Resolution No. 2008 -51 adopting the
Mitigated Negative Declaration (Sch. No. 2008021075) and approving Tentative Tract Map
No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 and Coastal
Residential Development Permit No. 2007 -001, subject to findings and conditions of
approval.
Council Member Rosansky expressed support for the project and stated that it is a
significant reduction in units and an increase in the number of off - street parking.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XVI. PUBLIC COMMENTS -None
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS_I{EPORT
27. PLANNING COMMISSION AGENDA FOR JUNE 5, 2008. 1100 -20081
Planning Director Lepo reported on the following items: Fury Rok & Roll Sushi (PA2005-
087); Sejour (PA2002 -167); Housing Element ((PA2008 -078); Panini (PA2007 -063); and
OASIS Senior Center (PA2008 -109).
XVIII. CONTINUED BUSINESS
28. SUNSET RIDGE PARK PROPOSED CONCEPT PLAN. [100 -20081
Recreation and Senior Services Director Morgan reported that the Concept Plan has
remained true to the General Plan and staff took into consideration the issues raised by the
residents. He stated that residents have requested that the active park, restroom, and tot
lot be further from the residents and the backstop be reduced. He stated that they might
use mobile /portable backstops and outfield fences to try to reduce impacts and proposed a
buffer zone. He noted that they are working on security issues and wish to move forward.
Rick Vanderwood, EPT Design, utilized a PowerPoint presentation to show the previous
design, new site design, and features.
-In response do Coundil questions, Mr. Vandeiwood s-fafed that _tB li riri er zone wilfbe
heavily planted, made of serpentine, and be four to six feet high. Recreation and Senior
Services Director Morgan stated that they will also look into including a bike trail and a
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fitness circuit system.
Katherine White expressed concern relative to road access from Banning Ranch, traffic, the
number of lights, congestion, break -ins, toxic materials, and transients. She believed that
the budget for this project should include road and toxic clean -up.
Matt Irwin believed that the lookout point is not in the right area and that the bay views
will be obstructed. He stated that, if land from the park is taken away, it makes the
park less valuable.
Byron Dearicle, representative for Soccer Families for Newport Fields, complimented the
recreation staff for their outreach efforts, believed that the General Plan was respected, and
appreciated the active use in the space.
Waldemar Moosman believed that the Park, Beaches and Recreation Committee refused to
consider alternatives to the General Plan and stated that the citizens voted for
balancing the needs of the City and a healthy natural environment. He stated that the
sports fields will destroy the natural element and cause excessive noise, and that there was
no due process.
Gary Wright, Board Member AYSO 57, supported the sports park and stated that it will
serve the youths of the community.
Stan Rosenthal believed that beachgoers will use the parking lot and there will be
inadequate parking for park visitors. He requested that the buffer zone be leveled so that
Newport Crest residents can still have a view.
Fred Cornwall commended staff on their diligent pursuit of getting opinions and mitigating
the residents concerns. He believed that parking will not be an issue and noted that there
are no sports parks in the area.
Jeff Braun, Regional Commissioner of AYSO 97, stated that he is satisfied and appreciated
the progress. He explained the reason" for needing for the portable fencing and how
the fields will be allocated between baseball and soccer.
Jenny Lombardi believed that the buffer zone is a bad idea because it will give park patrons
access to the residents and that there has been no compromise from the City regarding the
design. She discussed a Newport Crest survey.
Kristine Adams believed that there are too many elements in a small space.
Jim Caras expressed concern about the roadway going through Banning Ranch and
requested disclosures of any deals with them regarding the area. He also expressed concern
about having a park at one of the most dangerous intersections of Newport Beach.
Mike Smith expressed gratitude for having a sports park in the area.
Lantz Bell, Board Member Newport Harbor Baseball, stated that the park is needed because
the 13 to 14 year olds are playing in Costa Mesa. He noted that he is also concerned about
safety and parking issues.
Mark Gonzalez asked Council to consider a compromise of removing one of the activities.
Oliver Fleener stated that there are no more vacant lots due to the population growth and a
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sports park is needed in the community.
Craig Farmer expressed support for the park and believed that children in the community
would like to be involved with other sports besides beach activities.
Council Member Rosansky stated that he advocated for the park and the General
Plan designated the park to be active. He commended staff for trying to accommodate the
needs of the Newport Crest residents and reminded residents that the park needs to
accommodate the needs of all the residents of Newport Beach.
Motion by Council _Member Rosansky to a) approve the proposed Sunset Ridge Park
Concept Plan; and b) direct staff to contact the Newport Crest Homeowners Association to
suggest that they appoint a member(s) to officially negotiate issues with the City.
In response to Council Member Gardner's question, Recreation and Senior Services Director
Morgan stated that they are working on parking issues and have even talked about staffing
the parking lot.
Council Member Webb stated that the bluff was originally graded for phase two construction
of Newport Crest. He talked about other parks in the area and how they handle parking,
traffic conditions, and noise. He complimented the architect for his efforts in making the
park 50% passive and 50% active and expressed support for having moveable fences for
softball.
Council Member Selich complimented staff on the new design and for balancing the needs
and interests of the community.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member. Webb, Council Member Curry, Council Member Gardner
29. APPROVAL OF TEN YEAR AGREEMENT WITH CR &R INC. TO PROVIDE
RESIDENTIAL SOLID WASTE TRANSFER SERVICES AND MATERIAL
PROCESSING/RECYCLING (MRF) (C- 2807). (381100 -20081
General Services Director Harmon reviewed amendments to Exhibit A including the
addition of #12 to state "CR &R and the City mutually agree that CR &R will not use the City
transfer station for the transfer or residential or commercial solid waste collected by CR &R
at any other location than the City. The excess capacity of the City transfer station shall not
be used by CR &R without prior City Council approval."
In response to Council's questions, General Services Director Harmon stated that the
equipment was sold for $226,000 to CR &R at no discounted rate. He stated that the annual
tonnage is audited by requiring monthly reports and scales are used to know how much
tonnage is moved out of Newport Beach. He reported that the diversion levels will have to
be re- negotiated if the State later requires a higher diversion rate level.
General Services Harmon stated that the agreement will not change the current practice of
City crews collecting refuse in the residential neighborhoods. He also stated that July 1st
will be the start of the processing fee, however, transportation will start on July 7 and noted
that e version rate will change fo -40 on y s . can appy to a ity or an
increase for the disposal portion of their fees for any direct increase in the Orange County
landfill system, however, the CPI increase can not exceed more than 4% annually. The
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agreement, will generate a cost saving of $600,000 per year and reduces the employment
force in General Services by two full time positions. The $244,000 in the equipment
replacement fund will be used to offset any purchase of Fleet.
Motion by_Council Member Webb to approve the terms of the agreement, including
amendments to the Scope of Services ( #2 & #3) and the addition of #12; and award a ten -
year agreement with CR &R, Inc. through July 1, 2018 to provide residential solid waste
transfer services and material processing /recycling (MRF).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tom Daigle, Mayor
Selich, Council Member. Webb, Council Member Curry, Council Member Gardner
30. RECOMMENDATION FROM ENVIRONMENTAL QUALITY AFFAIRS
COMMITTEE REGARDING LIMITATIONS ON USE OF POLYSTYRENE FOOD
PACKAGING MATERIALS. (100 -2008]
City Manager Bludau asked Council to provide direction to staff relative to the prohibition of
the use of Styrofoam products in the City. He believed that prohibiting the use throughout
the whole City might be problematic.
Council Member Gardner reported that EQAC will work with the Restaurant Association
and add a hardship clause for restaurants with financial burdens and/or problems with
acquiring substitutes.
Ken Drellishak, Chairman EQAC, stated that all of the ordinances that they have reviewed
included take -out foods and that the primary concern is that Styrofoam gets into the water
and harms sea life. He stated that there are other Cities that have ordinances in effect that
bans Styrofoam. He reported that the he has discussed this with the Restaurant
Association.
Gonna Holmes, Newport Harbor High School, stated that the students have been working
hard on this issue and urged Council to make Newport Beach green
Motion by Council Member Gardner to a) direct staff to propose an ordinance, including
a hardship clause to ban the use of Styrofoam in City restaurants; and b) direct staff to take
the draft ordinance to the Restaurant BID and Economic Development Committee for input.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
31. 3232 CLAY STREET - REQUESTING WAIVING REQUIREMENT OF DRIVEWAY
ABANDONMENT -ENCROACHMENT PERMIT N2008 -0160. (I00 -2008]
Public Works Director Badum stated that the owners are asking to waive Council Policy 1,-
2.0 so they can tear down the one car garage, and replace it with a three car garage and a
second one -unit living space, which requires four parking spaces.
In response to Council questions, Public Works Director Badum stated that a curb and
gutter will be required. Assistant -City Manager Wood stated that the floor area is not an
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issue in relation to parking.
Council Member Webb expressed support for staffs recommendation to deny the
encroachment permit because of the substantial redevelopment of the property and believed
that there is enough room for four stalls at the rear of the property -
Ross Maxwell, Project Architect, stated that they were not aware of the policy at the start of
the project and asked Council to delay the abandonment of the curb until the second phase
of the project. He believed that the Planning Department has a gross square foot area that
needs to be maintained.
Motion by Council Member Webb to deny Encroachment Permit N2008 -0160 to retain
the existing curb cut at 3232 Clay Street based on its nonconformance with the provisions of
Council policy Lr2.C.
The motion carried by the following roll call vote:
Ayes: 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 - Council recessed to Closed Session at 10:22 p.m and
reconvened at 11:06 p.m with all members present. There was no reportable action.
XX. MOTION. FOR RECONSIDERATION -None
XXI. ADJOURNMENT -11:06 p.m
The agenda for the Regular Meeting was posted on June 4, 2008, at 2.45 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 June 6, 2008,
at 11:00 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Record' Secretarf-
Mayor
F®r, % r L
City Clerk
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