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HomeMy WebLinkAbout10/14/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 14, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:39 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 VII. PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION - Reverend Robert Ross, Newport Universalist Society X. NOTICE TO THE PUBLIC DL PRESENTATIONS Library Board Presentation on City Hall Project - Karen Clark, Vice Chair of the Board of Library Trustees, expressed concerns about parking and access to the new City Hall, and she urged Council and the City Hall Design Committee to seek their input. City Clerks Association of California (CCAC) Recognition of Leilani Brown, Assistant City Clerk, for her Professional Achievement - Lucinda Williams, City Clerk of the City of Brea, presented Assistant City Clerk Brown with a certificate for her achievement in obtaining the Master Municipal Clerk designation. Presentation of Helen Putnam Award from the League of California Cities - Tony Cardenas, League of California Cities, presented the award for internal administration to Council Member Curry and staff for their outstanding work on the Master Facilities Program. S80. LOCAL EMERGENCY IN THE CITY OF NEWPORT BEACH. [100 -20081 Fire Chief Lewis showed a PowerPoint presentation of the fire in Bonita Canyon that included pictures, a map of the area, and the incident command post. He asked Council to adopt a resolution declaring the fire a local emergency. Motion by Council Member Curry to add the emergency declaration resolution to the agenda. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Volume 58 - Page 598 City of Newport Beach City Council Minutes October 14, 2008 Selich, Council Member Webb, Council Member Curry, Council Member Gardner Motion_bv ouncil Member Curry to adopt Resolution No. 2008 -87 declaring the existence of a Local Emergency in the City of Newport Beach. 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 XI. CITTY_.COUNCIL ANNOUNCEMENTS OR MATTERS ..WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA_ FOR DISCUSSION. ACTION OR REPQRT (NON- DISCUSSION ITEM): Council Member Gardner invited residents to visit businesses in Corona del Mar. Council Member Curry announced that he attended a Public Safety meeting on Saturday, October 10, with Fire Chief Lewis and Police Chief Klein. Council Member Webb participated in the celebration of 125 years of Methodist Ministries at Christ Church by the Sea and presented a proclamation. Council Member Henn reported that the City is continuing to pusue all available strategies to lobby for changes to State law relating to the regulation of residential drug and alcohol rehabilitation facilites. In that regard, he made a presentation at the recent League of California Cities Conference. The League also passed a resolution urging futher regulation of sober living homes. He also stated that Senate Bill 992 (SB992) was passed by both Houses, but at the Council's request, the Governor vetoed the bill. Passage of SB992 could have led to a substantial worsening of over - concentration of sober living homes in Newport Beach. This shows that the City's lobbying efforts are having a very positive impact. Council Member Rosansky invited the public to the ribbon cutting ceremony of the Newport Theatre Arts Center on Sunday, October 19, from 4 :00 p.m. - 6:00 p.m., at 2501 Cliff Drive. He requested a staff report on the City's investment portfolio at a future Council meeting and wanted staff to report on royalty payments to residents whose homes are over oil well pumping lines. His concern is that the royalty checks are being sent to previous homeowners. Mayor Pro Tem Daigle reported that the Annual Coastal Clean -Up Day was a success and commended Council Member Henn on his accomplishments at the League of California Cities Conference. Mayor Selich attended a reception at the Balboa Yacht Club and presented a proclamation to Nick Scandone for his achievement in winning a gold medal for sailing during the Para - Olympics in China. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF SEPTEMBER 28, 2008, AND ADJOURNED REGULAR MEETING OF SEPTEMBER 30, 2008. [100 -2008] Waive reading of subject minutes, approve as written and order filed. Volume 58 - Page 599 City of Newport Beach City Council Minutes October 14, 2008 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. CONTRACTS AND AGREEMENTS 3. PRINTING AND MAILING OF CITY MANAGER'S COMMUNITY NEWSLETTER - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE PM GROUP, INC. (C- 4083). 1381100 -20081 Approve a Professional Services Agreement with The PM Group, Inc. of Lake Forest, for the printing and mailing of the City Manager's community newsletter at a not to exceed price of $111,072, and authorize the Mayor and City Clerk to execute the Agreement. 4. COAST HIGHWAY SIDEWALK MORNING CANYON TO SEWARD ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT (C-3965).[381100-20081 a) Approve the completed 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 in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond 1 year after Council acceptance. 5. KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAIS CONSULTANTS, INC. FOR DESIGN SERVICES (C- 4095). [381100 -20081 Approve a Professional Services Agreement with DMS Consulting, Inc., of Garden Grove, for design of final construction plans for Kings Road/Kings Place Pavement Reconstruction at a not to exceed price of $74,155 and authorize the Mayor and City Clerk to execute the Agreement. 6. SEWER PUMP STATION MASTER PLAN IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING, INC. (C-4113). [381100 -80081 Approve a Professional Services Agreement with Stantec Consulting, Inc., of Irvine, for the Sewer Pump Station Master Plan Improvements project at a not to exceed price of $301,421 and authorize the Mayor and City Clerk to execute the Agreement. 7. CORPORATION YARD BUILDING "G" ROOF REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3966). 1381100- 20081 a) Approve the completed 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'in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond 1 year after Council acceptance. 8. INDUSTRIAL WAY - 36 -INCH WATER MAIN REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3728). [381100- 20081 a) Approve the completed 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 in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond 1 year after Council acceptance. Volume 58 - Page 600 City of Newport Beach City Council Minutes October 14, 2008 9. BALBOA ISLANDS BULKHEAD AND SEAWALL REPAIR - AWARD OF CONTRACT (C- 3962). (381100 -20081 a) Approve the project plans and specifications; b) declare the bid submitted by Kitson Specialty Contracting, Inc., of Santa Fe Springs, non - responsive; c) award the contract (C -3962) to Surfside Restoration & Waterproofing, Inc. for the total bid price of $196,385, and authorize the Mayor and City Clerk to execute the contract; and d) establish an amount of $45,615 (23 1/4) to cover the cost of unforeseen and anticipated work not covered in the original scope. 10. OIL WELL SERVICE REPAIRS - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT (C- 4002). [381731100 -2008] Approve Amendment No. 2 to Professional Services Agreement with Oil Well Service Company for emergency on -call repair services and authorize the Mayor and City Clerk to execute the Amendment. 11. 2009 RESTAURANT WEEKS' WORK AGREEMENT (C- 3877). [381100 -20081 Authorize the Mayor and City Clerk to sign the 2009 Restaurant Weeks Work Agreement between the City, Restaurant Association and California Marketing Concepts. 12. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOM BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA AGREEING TO A FORMAL PARTNERSHIP REGARDING JOHN WAYNE AIRPORT (JWA) EFFORTS (C- 4119). 13&100 -20081 Approve the Memorandum of Understanding (MOM. 13. PROFESSIONAL SERVICES AGREEMENT WITH WARE DISPOSAL, INC. FOR CITY FACILITIES REFUSE REMOVAL SERVICES (C- 3936). [381100. 20081 Approve the agreement with Ware Disposal, Inc. for City Facilities Refuse removal services on a regularly scheduled basis. 14. WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT - COMPLETION AND ACCEPTANCE (C- 4005). [381100 -20081 a) Accept the completed 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 in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond 1 year after Council acceptance. 16. 'CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR) (C- 4028). [38 -100- 20081 Receive and file. C. MISCELLANEOUS 17. DATE CHANGE FOR NOVEMBER 11, 2008 CITY COUNCIL MEETING. 1100 -20081 Receive and file. 18. TRAFFIC IMPACT (FAIRSHARE) FEE UPDATE - APPROVAL OF BUDGET AMENDMENT TO FUND FEE NEXUS STUDY. 1100 -20081 Approve a budget amendment (09BA -015) appropriating $16,750 from the unappropriated General Fund balance to Account No- 7014- C5200975 (Traffic Impact Fee Study). Volume 58 - Page 601 City of Newport Beach City Council Minutes October 14, 2008 19. ACCEPTANCE OF REBATE FROM METROPOLITAN WATER DISTRICT (MWD) AND APPROVAL OF BUDGET AMENDMENT FOR THE PURCHASE OF ADDITIONAL AUTOMATED IRRIGATION CONTROLLERS. [100 -20081 Approve a budget amendment (09BA -016) to increase the revenue estimates in Account 500 -4858 (Water Enterprise Fund - Refunds and Rebates from Government) by $22,587.50 and increase Account 7503 - 05500637 (Pumping and Operating - Central Irrigation Control System) by $22,587.50 for the purchase of additional automated irrigation controllers. 21. SANTA ANA HEIGHTS FIRE STATION (STATION 7) ONE -YEAR REVIEW OF OPERATIONS (PA2007 -024). 1100 -20081 Receive the one -year review report of first year of operations of Station 7 to ensure the station is operating in a manner consistent with the findings and conditions of approval of Use Permit No. 2007 -003, and file. 22. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9, FIRE CODE (contd. from 9/23/08). [100 -20081 Continue the item for the purpose of studying the effects of potential erosion in relation to the implementation of the proposed Fire Code amendment. Regarding Item 3 (Printing and Mailing of City Manager's Community Newsletters), Mayor Pro Tem Daigle stated that the City entered into a new contract which resulted in cost savings. Regarding Item 12 (MOU between the City of Newport Beach and the City of Costa Mesa Agreeing to a Formal Partnership Regarding John Wayne Airport Efforts), City Manager Bludau stated that the purpose of the agreement is for both City's to protect the communities and the prior settlement agreements are separate from this one. Regarding Item 17 (Date Change for November 11 City Council Meeting), Council Member Rosansky announced that the first meeting in the month of November is Veterans Day, therefore the meeting will be on Wednesday, November 12, at 7:00 p.m. Motion by Mayor Pro Tem Daigle to approve the Consent Calendar, except for the items removed (15 and 20); and add the schedule to Item 5 (Kings Road/Kings Place Pavement Reconstruction). 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 15. MCFADDEN SQUARE CENTENNIAL MONUMENT - COMPLETION AND ACCEPTANCE (C-3981).[381.100-20081 Bernie Svalstad requested to be informed about changes to the project and noted that they are working on correcting engraving errors, adding a logo, updating the history, and conducting a cost study to repair 11 benches. Motion by Council Member Webb to a) approve the completed 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 in accordance with applicable portions of the Civil Code; d) release the Faithful Performance Bond 1 year after Council acceptance; e) approve a budget amendment (09BA -017) Volume 58 - Page 602 City of Newport Beach City Council Minutes October 14, 2008 recognizing new revenues received for the McFadden Square Centennial Monument and appropriating $22,000 to Account No. 7015- C8002005 to complete the construction of this project; and f) approve a budget amendment (09BA -017) appropriating from the unappropriated General Fund balance $15,000 to Account No. 5300 -8034 to repair damages to City property caused by a private party. 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 20. COAST HIGHWAY RELINQUISHMENT - LETTER REQUESTING INITIATION. [100 -20081 In response to Council Member Gardner's question, Public Works Director Badum clarified that the City requested that Caltrans thoroughly inspect the bridge and he noted that there are no concerns at this time. Motion by Council Member Gardner to approve a letter requesting Caltrans to begin the process to potentially relinquish Coast Highway from the Santa Ana River Bridge to Jamboree Road and Newport Boulevard from Finley Street to Channel Bridge. 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 Gardner reported that the Green Task Force met and drafted a proposed ordinance. She also met with staff to discuss public notification of traffic lane closures. XV. PUBLIC HEARINGS 23. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GB SERVICES, INC. [421100 -20081 General Services Director Harmon recommended that Council approve the award of a non- exclusive franchise agreement to GB Services, Inc. In response to Mayor Selich's question, be stated that there is no limit on how many franchise haulers the City can have and they are tracked by City personnel. He noted that there are four major haulers in the City and the others are construction haulers. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Rosansky to adopt Ordinance No. 2008 -16 granting a Non- exclusive Solid Waste Franchise to GB Services, Inc. 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 27. ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE LIMITS. [100 -20081 Volume 59 - Page 603 City of Newport Beach City Council Minutes October 14, 2008 Katie Bowden reported that the ordinance includes a six month grace period to allow restaurants to make the necessary changes. Mayor Selich opened the public hearing. Don Peterson expressed concern about banning polystyrene because he believed that it is an efficient product. He also believed that educating the public on how to properly dispose of trash is the answer and that the City should be more effective in collecting recyclables. Council Member Gardner stated that all polystyrene will not be banned and that plastic contributes a greater amount of debris on the beaches. Suzanne Roberts stated that there are other products that can be used as an alternative to polystyrene. Scott Moreland stated that polystyrene is not biodegradable and it sometimes breaks down into small pieces that can't be picked up efficiently. He also stated that it passes carcinogen toxins into food and that there are viable alternatives. Ayaina Holmes believed that banning polystyrene is very important for pollution and suggested that people look into other alternatives. Hearing no further testimony, Mayor Selich closed the public hearing. Council Member Gardner thanked the Restaurant Association for their willingness to support the ban. Council Member Curry congratulated the students for their perseverance and effectiveness in bringing the issue to Council. Motion b- Council Member Gardner to introduce Ordinance No. 2008 -17 banning expanded polystyrene (Styrofoam ®) food service ware within Newport Beach's corporate limits, and pass to second reading on October 28, 2008. 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 24. ADOPTION OF LOCAL HAZARDS MITIGATION PLAN (LHMP) FOR THE CITY OF NEWPORT BEACH AND GENERAL PLAN AMENDMENT NO. 2008 -006 TO THE SAFETY ELEMENT (PA2008 -131). (681100 -20081 In response to Council Member Gardner's question, Fire Chief Lewis stated that the General Plan Amendments are accessible on the City's website and the Hazard Mitigation Plan will allow the City to obtain a higher level of reimbursement for disasters. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Rosansky to adopt Resolution No. 2008 -84 approving the Local Hazards Mitigation Plan (LHMP); and adopt Resolution No. 2008 -85 approving General Plan Amendment No. 2008 -006 to the Safety Element (PA2008 -131). The motion carried by the following roll call vote: Volume 58 - Page 604 City of Newport Beach City Council Minutes October 14, 2008 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 25. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO - REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002-034 (PA2002 -167). [100- 20081 Associate Planner Ung recommended that Council uphold and affirm the decision of the Planning Commission by adopting a resolution to amend the previous use permit and rescind the recent permit. She also stated that a copy of the lease agreement was inadvertently omitted from the staff report and has been forwarded to Council, June Ailin, Counsel for the City, gave a brief explanation of the history of the permit, referred to the Planning Commission minutes to show their intent, and presented the lease between the Overstreets and their prior tenant. Mayor Selich opened the public hearing. In response to Council Member Henn's question, Ms. Ailin stated that the Overstreets were not initially given notice of the violations. She pointed out that they entered into an unlawful use of the property. Dennis Overstreet stated that his operation is unique and they cater to more mature customers. He also stated that he provided the Planning Commission with a complete menu and they discussed that the facility would be divided into two areas (retail and consumption of food). He expressed disappointment with how the previous tenants ran the facility. In response to Council questions, Mr. Overstreet stated that drawings of the bar were presented to the Planning Commission prior to the approval of the use permit. He stated that he spent over $200,000 to update the restaurant after the second use permit was approved. Chris Thomas, Attorney for the Overstreets, stated that the lease referenced the use permit and the tenants knew that it governed the establishment. He showed a PowerPoint presentation that included the landlord tenant relationship, Condition 6 of the use permit, failure to properly notify the Overstreets, responsibility of violations, no abatement needed because of ceased operation, and the vested property rights in the use permit. He requested that Council not punish the Overstreets for their tenant's actions and to rescind the Planning Commission's decision. Christine Overstreet stated that the City should make an effort to mitigate these types of problems in an efficient way. She noted that the tenants violated City laws for seven months without consequences and they have spent a lot of money in legal fees to defend themselves. She also stated that Condition 13 in the second use permit is contradictory. She noted that the floor plan was approved by the Planning Commission. Suzanne Roberts stated that she is supportive of the neighborhood and would like to see Sejour back at the location. B.W. Cook expressed support for the Overstreets re- opening the establishment because of the entertainment, culture, class, and sophistication it brought to the community. David Kearnan frequented the restaurant and stated that the problems were with Volume 58 - Page 605 City of Newport Beach City Council Minutes October 14, 2008 the tenants and not with the owners. He believed that the establishment will benefit the neighborhood and the City. Jim Mahoney agreed that the Overstreets should have monitored the business, but should not be punished. He suggested that the City reinstate the use permit. In response to Council Member Gardner's question, Mr. Overstreet stated that they stopped operating the business because his other businesses took a great deal of his time. He stated that he recently leased the location to a real estate firm, but wants to obtain the use permit just in case the lease is not upheld. He confirmed that he will be the only operator of fine wine spirits at the location. City Attorney Clauson stated that the use permit would be considered abandoned after 180 days and would not benefit the City or be necessary. She clarified that the modified term is to go back to the original use permit with a change to the hours and elimination of hard alcohol. She added that the use permit would be considered abandoned once it is changed to a new use. In response to Council Member Henn's question, Planning Director Upo stated that the Planning Commission realized later that the terms of the ABC license included a requirement to be an eating establishment. City Attorney Clauson clarified that the Planning Commission's intent was to have a retail wine tasting establishment and not a restaurant or bar. Assistant City Manager Wood stated that the Overstreets representation was for a wine tasting bar with occasional hard liquor, and emphasized that it was never intended to be a sit down dinner establishment. Ms. Ailin stated that the bar was intended for wine tasting, Condition 6 could be revoked or modified if the conditions have been violated and is a public nuisance, and a notice of a citation was directed to the responsible person. She also confirmed that the City complied with the noticing requirements, which do not require that the notice of violation be given to the landlord. In response to Council Member Gardner's question, Ms. Ailin discussed due process and emphasized that the Overstreets leased the facility for an unlawful use. She reiterated that the use permit is not being revoked. Mr. Thomas stated that the original permit had no seating, Council Policy K -7 determined that the menu was ancillary and not a sit down restaurant, the owners did not violate the permit, and the City is trying to revoke both permits which would make it virtually impossible to operate the business. In response to Council Member Henn's question, Planning Director Upo stated that staff recommended that the revised conditions of the use permit include a reduction of hours, retail sales that include ancillary wine use, removal of improvements not consistent for a retail sales outlet, and elimination of the Type 47 ABC license. He pointed out that these amendments are all consistent with the original permit. Hearing no further testimony, Mayor Selich closed the public hearing. Council Member Henn believed that the Overstreets should be allowed to operate a viable business under the original use permit. He suggested that they be allowed to have seats at the bar, lounge type seating in the ancillary food area, retail sales, no Type 47 license, allow upscale hot or cold appetizers, be allowed to stay open until midnight on the weekends, and be allowed to have non - amplified, single instrument entertainment. Mayor Selich clarified that this would entail modifications to Conditions 7, 8, 9 and 23. Council Member Henn asked that the item be continued to allow staff to come back with a Volume 58 - Page 606 City of Newport Beach City Council Minutes October 14, 2008 resolution to reflect Council's suggestions. Motion bv Council Member. Henn to direct staff to come back with a resolution for Council to approve. 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 XVI. PUBLIC COMMENTS Karen Siegler asked for an update regarding the issuance of parking permits in Corona del Mar and expressed concern that there is an environmental impact on the area because there are too many people. Council Member Gardner suggested that she go to Associations in the area to see if they are interested in pursuing this. Council Member Rosansky clarified that the parking permits in Corona del Mar that Council discussed previously, were for the evening hours. Council Member Webb emphasized that Corona del Mar is a State beach and the City does not have the authority to limit the number of visitors. Diane Romick, President of Pacific Ridge Homeowner's Association, presented a handout and expressed concern about fire lane parking enforcement and adequate parking for the new park in that area. XVII. PLANNING COMMISSION. AGENDA_ AND ORAL STATUS REPORT XVIII. 26. PLANNING COMMISSION AGENDA FOR OCTOBER 9,2008.[100-20081 Planning Department Director Lepo reported on the following item: Shore House Cafe (PA2008 -123) - 801 East Balboa Boulevard. 28. RESOLUTION ENCOURAGING A CITYWIDE TEN PERCENT VOLUNTARY WATER CONSERVATION (contd. from 9/23/08).[100-20081 Council Member Gardner commended staff on their work on this issue and for their presentation at the Coastal/Bay Water Committee meeting. In response to Council questions, Utilities Director Myrter stated that the goal is to heighten awareness by modifying the utility bills, utilizing bill inserts, updating the website, and conducting outreach meetings to homeowner associations and through cable television. The first phase is to provide the information and then work on a more comprehensive approach. He stated that staff will look into ways to educate renters who don't receive water bills. He reported that the City has a water conservation plan which is not consistent with current policy and staff is currently working on the update. He indicated that the Metropolitan Water District (MWD) is looking at every agency to see if they have taken measures to become less dependent on imported water in the last 15 years so they can determine if the cities could receive a credit. Motion by Council Member Gardner to adopt Resolution No. 2008 -87 encouraging City of Newport Beach water customers to assist the City in its goal to reduce water usage Citywide on a voluntary basis by ten percent through implementation of water conservation measures. Volume 58 - Page 607 City of Newport Beach City Council Minutes October 14, 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 XD{, CURRENT BUSINESS 29. AMENDMENTS TO COUNCIL POLICY D -1 (MEDIA RELATIONS). 1100-20081 Public Information Manager Finnigan discussed the additions and changes to Council Policy D -1. Motion by Council Member Rosansky to approve the amended City Council Policy on Media Relations (D -1). 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 XX. MOTION-FOR RECONSIDERATION - None XXI. ADJOURNMENT -Adjourned in memory of Don Skelly at 10:15 p.m. The agenda for the Regular Meeting was posted on October 8, 2008, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. r City Clerk ti Volume 58 - Page 608