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HomeMy WebLinkAbout01/27/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 27, 2009 — 7:00 pan. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 5:45p.m. A. Conference with Lera1.Counsel - Anticipated.Liti ation - Initiation of Litigation_ (Government Coded 54956.9(c) as to 2 matters: 1. Potential initiation of litigation against the State of California for errors in allocation of sales and use taxes. 2. Potential initiation of litigation on one matter in which disclosure of its underlying existing facts and circumstances would jeopardize the City's ability to conclude existing settlement negotiations to the City s advantage. B. Conference with Legal Counsel.- Existing Litigation_(Gov_ernment_Code 1-54956.9 ice: 1. Sober Living By The Sea, Inc. v. City of Newport Beach, United States District Court Case No. SA CV 08 -00200 JVS (MLGx) III. RECESS V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle IV. RECONVENED AT 7:00 P.X FOR _REGULAR MEETING VI. CLOSED SESSION REPORT City Attorney Hunt reported that Council acted unanimously to enter into an agreement with the Law Firm of Holland and Knight to initiate action against the State of California and the Board of Equalization to recover sales tax revenues that were misallocated (Closed Session Item A.1). VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION -Father Ven Ilan, Hoag Memorial Hospital Presbyterian. Q Proclamation to the Corona del Mar High School Girls Cross Country Team - Mayor Selich read the proclamation and presented it to Coach Bill Sumner and the Girls Cross Country Team of Corona del Mar High School. Coach Bill Sumner highlighted the team's achievements, both athletically and academically, and expressed his gratitude for Council's recognition. Volume 59 - Page 63 City of Newport Beach City Council Minutes January 27, 2009 Proclamation to former City Attorney Robin Clauson - Mayor Selich read the proclamation and presented it to Robin Clauson, retired City Attorney, for her 20 years of service to the City of Newport Beach. Council thanked Ms. Clauson for her dedication and wished her well on her retirement. X. NOTICE TO THE PUBLIC XI. CITY ... COUNCIL ANNOUNCEMENTS OR MATTERS WHICH CO_U.NCIL_MEMBERS WOULD LIKE PLACED ON _A _. FUTURE... AGENDA. _FOR. DISCUSSION. AC_ TION_ OR RE PORT_ {NON- DISCUSSION.ITEMZ: Council Member Daigle expressed her concern over the current economic downturn and felt it important to identify its impacts on the senior community, businesses, and citizens of Newport Beach. She encouraged staff to research several areas to better understand community needs. Council Member Webb commented on his recent attendance at the Sundance Film Festival and discussed the premiere of "Five Hundred Days of Summer" which was produced by his nephew, Mark Webb. Council Member Rosansky announced that the Leadership Tommorrow annual awards dinner will be held at Park Prive Cafe located at 1570 Scenic Avenue, Costa Mesa, on February 5. Mayor Pro Tem Curry reported on his recent attendance at the Sister Cities Dinner which he attended with Mayor Selich, Council Member Daigle, and Council Member Webb. He also commented on his attendance at the 100th Annual Boat Parade Dinner, with Mayor Selich and Council Member Rosansky, to honor the Boat Parade volunteers. He also announced that the Community Emergency Response Team (CERT) annual dinner will be held on January 31 at the Newport Coast Community Center. Mayor Selich announced and presented a slideshow of his first grandchild, Ava Violet Schmidt, who was born on January 24. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF JANUARY 10, 2009, AND REGULAR MEETING OF JANUARY 13, 2009. [100 -20091 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20091 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. SEA LION TIME LIMITS FOR COMPLIANCE - FIRST WARNING LETTER. [100 -20091 Adopt Ordinance No. 2009 -1 relating to Sea Lion Compliance, amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal Code. 5. ORDINANCE AMENDING SECTION 7.04.050 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DOGS AT 38TH STREET PARK. 1100 -20091 a) Adopt Ordinance No. 2009 -3. D. CONTRACTS AND AGREEMENTS Volume 59 - Page 64 City of Newport Beach City Council Minutes January 27, 2009 7. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON CITY HALL MASTER PLANNED FACILITY. 1381781100 -20091 Approve the Professional Services Agreement with LSA Associates, inc., and authorize the Mayor and City Clerk to execute the agreement. 8. LIDO ISLE STREET REHABILITATION (C -4096) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR DESIGN SERVICES. [381100 -20091 Approve a Professional Services Agreement with Walden & Associates of Irvine, for design of final construction plans for Lido Isle Street Rehabilitation at a not to exceed price of $99,420, and authorize the Mayor and City Clerk to execute the Agreement. 11. 2008 -2009 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM (C- 4072) } AWARD OF CONTRACT. [381100 -20091 a) Approve the project plans and specifications; b) award the contract (C -4072) to Grigolla & Sons Construction Company for the total bid price of $554,145.50, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $55,400 (10% of total bid) to cover the cost of unforeseen work. Motion b Moor Pro Tem Curry to approve the Consent Calendar, except for the items removed (4, 6, 9, 10, and 12). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn XIII. ITEMS REMOVED. FR M THE CONSENT CALENDAR 4: VESSEL ANCHORING IN THE PACIFIC OCEAN. [100 -20091 In response to Dick Nichols' question, Council Member Gardner explained the regulations. Mo fon. by Council Member Webb to adopt Ordinance No. 2009 -2 amending Sections 17.01.030, 17.20.020; 17.20.050, 17.25.020, 17.45.020 and 17.45.030 of the Newport Beach Municipal Code. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selicb, Council Member Daigle, Council Member Rosansky, Council Member Henn 6. NEWPORT BEACH COUNTRY CLUB (PA20060140 & PA2008 -152) - GENERAL PLAN AMENDMENT INITIATION (GI2009 -001) TO AMEND ANOMALY NOS. 46 AND 74 OF TABLE LU2 OF THE GENERAL PLAN LAND USE ELEMENT IN ORDER TO ACCOMMODATE THE RENOVATION OF NEWPORT BEACH COUNTRY CLUB. 1451100 -20091 Mayor Pro Tem Curry stated his abstention on this item since he is a membe of the Newport Beach Country Club. Council Member Webb expressed concern about the magnitude of the proposed size increase of the clubhouse. Planning Director Lepo provided a history and detail of the proposed project and explained that the applicant's vision is to upgrade the current facility to create a venue for upscale tennis tournaments by providing first -class overnight accomodations. Volume 59 - Page 65 City of Newport Beach City Council Minutes January 27, 2009 Therefore, the applicant requested that the General Plan be amended to replace 17 of the 24 existing tennis courts with five residential and 27 detached dwelling units. In response to Council Member Gardner's question, Planning Director Lepo stated that Council's approval would only initiate the General Plan Amendment and allow staff to begin the planning and research for the project. He noted that further findings would be presented to the Planning Commission and Council before any construction. Council Member Webb stated his concern that other public tennis courts may be heavily impacted by allowing the removal of 17 of the 24 tennis courts. Council Member Gardner commented that, as a tennis player, her observation is that many of the public tennis courts are not being used and she felt that the proposed amendment should not negatively impact the public. Motion —by Council Member_Rosanskv to adopt Resolution No. 2009 -2 to initiate a General Plan Amendment. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Gardner, Council Member Daigle Noes: Council Member Webb Abstain: Mayor Pro Tem Curry 9. COMMUNITY YOUTH CENTER (CYC) REHABILITATION (C -3959) - AWARD OF CONTRACT. 1381100 -20091 Dick Nichols requested an explanation of the usage for the proposed bid amount and suggested that staff add an electrical services requirement to the project plans. Council Member Webb read the itemized list of proposed improvements, as listed in the staff report. Motion.by...Mayor Pro Tem Curry to a) approve the project plans and specifications; b) award the contract (C -3959) to TBC Contractors Corporation for the total bid price of $820,700, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $122,300 (15% of total bid) to cover the cost of unforeseen work. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn 10. COMMUNITY YOUTH CENTER (CYC) PARKING LOT REHABILITATION (C -4182) - REJECT ALL BIDS. [381100 -20091 Dick Nichols stated that he had no objections with staffs recommendations. Motion by Council Member Webb to a) reject all received bids; b) direct staff to re- advertise the project for bids; and c) direct staff to return the Cashier's Check (Bid Bond) in the amount of $12,500 submitted by Frank Shariat General Engineering. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Volume 59 - Page 66 City of Newport Beach City Council Minutes January 27, 2009 12. POLICY DIRECTION REGARDING THE OCTA/MEASURE M HABITAT CONSERVATION SITE INVENTORY. [100 -2009] Council Member Rosansky spoke in favor of adding all of the proposed sites as requested. He also stated that he would like staff .to contact the heirs of the Beach and Bay Mobile Home Park property to inform them that the City may be interested in acquiring the property, independantly from OCTA, should it ever become available for purchase. Council Member Webb added that the property also acts as a staging area for the trail system up the Santa Ana River. Dick Nichols requested that staff place the proposed sites on a map to provide to the public. Council Member Rosansky noted that a map was included with the staff report. Motion by Council Member Rosanskv to authorize the City Manager to ask OCTA to add the following sites in Newport Beach to its Habitat Conservation Site Inventory: 1) Banning Ranch (purchase and/or habitat improvement); 2) Beach and Bay Mobile Home Park, if available for sale and if legally closed (purchase and/or habitat improvement); 3) Upper Buck Gully (habitat improvement site); and 4) properties in Lower Buck Gully that are held by private property owners (purchase or habitat improvement). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the topic of birds being ingested by airplane engines was addressed at the Aviation Committee meeting due to the concern over the proximity between John Wayne Airport (JWA) and the Upper Bay. The Airport Director informed the committee that there are precautions in place to prevent such an incident from occuring. She also stated that City Manager Bludau reported on a citizen suggestion that the Aviation Committee begin dialogue with Los Angeles World Airports (LAWA) to possibly shift some of the passengers from JWA to Ontario Airport. Council Member Gardner reported on her recent attendance at the Coastal/Bay Water Quality Committee meeting. Council Member Henn reported on items relating to the Ad Hoc Committee on Group Homes. He also reported that the use permit for Balboa Horizon had been approved, while use permits for Newport Coast Recovery and the Kraemer Center have been recommended for denial. He stated that a resolution of denial for Newport Coast Recovery was reviewed at the last use permit meeting and had been continued for consideration on February 5. He also stated that after February 22, facilities will be subject to abatement if use permits have not been applied for or received. Council Member Henn reported that three legislative proposals are being prepared for consideration that would enhance the regulatory and legal environment relating to group homes at the State level, and are appropriate for municipalities. Mayor Selich reported that the General Plan Advisory Committee is scheduled to meet in the Council Chamber on January 28 at 3:30 p.m. to continue rewriting the Zoning Codes. Volume 59 - Page 67 City of Newport Beach City Council Minutes January 27, 2009 XV. PUBLIC.HEARINGS 18. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT, CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA (SLBTS). [681100 -20091 Assistant City Manager Kiff provided Council with a Power Point presentation that summarized the proposed Zoning Agreement and Ordinance No. 2009 -5. In response to Mayor Selich's questions, Special Legal Counsel Markman believed that the number of beds, both occupied and unoccupied, are not defined in Exhibit B because he did not feel it was substantive. This issue was presented to Sober Living by the Sea (SLBTS) as suggested by the Planning Commission but was rejected by them. Craig Batley discussed the issue of occupied beds and capacity enforcement. Robert Rush believed that SLBTS has significant financial motivation to not abide by the occupant count restrictions and the remedies for violation only limit the City to specific performance. Dick Nichols questioned whether living areas can be converted to sleeping areas. Max Liskin questioned CRC Health Group's (CRC) financial stability and how the SLBTS agreement would be affected under CRC's financial distress. Laura Curran stated that many of the six and under facilities are operating illegally and questioned the enforcement against those facilities. She also questioned the factors governing the need for a CEQA report. She requested that Council modify the agreement so it supports all residents and businesses, and creates a community that can be appreciated by all. Denys Oberman believed that the terms of the Zoning and Public Interest Agreement were not created to favor the public since the business does not comply with the City's General Plan nor the Specific Coastal Plan, and does not allow for enforcement and review. She added that the City needs to conduct due diligence with the long term agreement. Ms. Oberman also stated that she felt there was an inappropriate CEQA determination and requested that Council revisit the agreement. David Diamond discussed the injunction imposed by Judge Selna and believed that this agreement reduces public benefit. Ed Vander Bosch questioned whether the City has determined California's Alcohol and Drug Program's (ADP) position. Mayor Selich requested clarification as to why the City is categorically exempt from CEQA and did not need to go before the Coastal Commission. Special Legal Counsel Markman reported that the CEQA issue was discussed with the Planning Department and the City Attorney, and was found to be categorically exempt since it dealt with existing facilities. Further, it could be seen with certainty to not have a negative environmental impact since it permanantly lowers the number of persons that are considered as clients, and reduces commercial activity in residential zones, as well as facility overconcentration due to disbursement, facility size, and actual number of clients. City Attorney Hunt added that findings were not required in the context of identifying the exemption and no formal findings were necessary since the staff report was adequate in identifying an exemption. Volume 59 - Page 68 City of Newport Beach City Council Minutes January 27, 2009 In response to previous public comments, Assistant City Manager Kiff stated that SLBTS facilities are subject to the same code enforcement regulations as any other facility and will be pursued if necessary. Council.Member Webb asked how much notice needs to be provided to the facility in order to schedule an inspection. Assistant City Manager Kiff indicated that Code Enforcement can knock on the door to question certain violations; however, may not enter the facility without a warrant if the owner does not willingly let them in. He also commented that Code Enforcement may not enter the facility without approval due to privacy issues. He emphasized that the City intends to consult with ADP as to whether the facilities are appropriately implementing their licensure requirements. He reviewed the allowed exceptions. Special Legal Counsel Markman noted the significant reduction in SLBTS Peninsula clients from the 1,200 - 1,500 level of clients publicized by some citizens' groups since September 2007, to permanently limit SLBTS to 156 clients on the Peninsula, including 12 on Lido Isle, along with the reduced number of beds and facilities from other reductions. Regarding the question of what would happen if CRC were to become financially insolvent, Special Legal Counsel Markman stated that the agreememt did not deal with that aspect except to the extent it would cause violations of the operating standards in the agreement. He noted that, if insolvency were to affect their operation, the City would send the facility a default notice with a cure period and, if no resolution is made, the issue may ultimately result in court action. He confirmed that, pursuant to the agreement, SLBTS and CRC will be able to transfer the agreement as a whole, but not less than a whole. Special Legal Counsel Markman reported that Judge Selna a injunction against the City's enforcement.of its ordinance's integral facilities language against networkded licensed six - and- enders is still in effect, and it was a big benefit to the City to finalize the Agreement with SLBTS. Council Member Henn added that when the agreement becomes effective, the injunction goes away entirely by terms of the settlement and frees the City to enforce integral uses. He also received confirmation from Assistant City Manager Kiff that SLBTS facilities would be able to locate adjacent to any private elementary school and tot lot, other than the four areas listed in the agreement. Council Member Henn stated that there is an implication that West Newport has been sacrificed by this agreement; however, the SLBTS Agreement will result in significantly fewer authorized locations, and the facilities are fewer and more dispersed than 18 months ago. He also emphasized that there will be other substantial reductions taking place in West Newport in addition to the SLBTS facility reductions which would also address the issue of overconcentration in certain areas of the City. Assistant City Manager Kiff introduced John Pelican, CRC Health, and Richard Turzian, Attorney for CRC Health. Mr. Turzian believed that CRC had given up a lot by entering into this agreement in order to conduct good business in the City. He clarified that "beds" is the same as people that occupy the facility. He agreed that the City is entitled to enforce and regulate the facilities pursuant to the proposed agreement. He emphasized that the licensed facilities report the number of facility occupants to the State and would not file false reports at the chance of losing their license. He added the unlicensed facilities are open to inspection with a couple of hours notice. Council Member Henn explained why approving the Zoning Agreement between the City and SLBTS is the right thing to do. He believed that he, as well as Council as a whole, was extremely well versed on the issue of group homes, including the proposed zoning Volume 59 - Page 69 City of Newport Beach City Council Minutes January 27, 2009 agreement, and is qualified to make a decision. He discussed the large amount of time spent on this issue. He noted that he had thouroughly immersed himself in the complex legal and regulatory issues related to the agreement and assisted in the creation of the ordinance now in effect. Further, he has served as the Chair of the Ad Hoc Committee that had negotiated the zoning agreement currently pending approval. He assured the public that his decision balances all of the aspects related to the issue and emphasized that there is a certainty of outcome with this agreement and there is risk of a worse outcome through the use permit process. In addition, the City would be entitled to enforce the integral uses of the ordinance upon its effectiveness. He pointed out that, by not approving the settlement agreement, SLBTS would be able to expand without restriction with six- and -under facilities. He noted that the agreement avoids the potential for a lawsuit and provides for immediate citizen relief. He confirmed that the zoning agreement acts like a use permit and contains the standards included in the ordinance. He also stressed his appreciation for the public's dedication, concern, passion and participation in the process. He stated that he understands that the Zoning Agreement does not contain all the provisions that the public wants, yet was negotiated with many of the concepts. and provisions that the public did want. He emphasized that negotiated agreements like this should be evaluated based on its merits taken as ,a whole, and that this agreement, taken as a whole, is a good outcome for the City and its residents. Motion by Council Member Henn to introduce Ordinance No. 2009 -4 relating to a Zoning Implementation and Public Benefit Agreement ( "Zoning Agreement ") between the City of Newport Beach ("City ") and Sober Living by the Sea (SLBTS "), and pass to second reading on February 10, 2009. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 14. A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, AND PARCEL MAP TO ALLOW'THE DEVELOPMENT OF A NEW, SINGLE - FAMILY DWELLING ON A PORTION OF THE BIG CANYON GOLF COURSE - THE GENERAL PLAN AMENDMENT WOULD CHANGE THE LAND USE CATEGORY FROM PARKS AND RECREATION (PR) TO SINGLE -UNIT RESIDENTIAL DETACHED (RS -D); THE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT WOULD AMEND THE BIG CANYON PLANNED COMMUNITY TO CHANGE THE LAND USE DESIGNATION FROM "GOLF COURSE" TO "LOW DENSITY RESIDENTLAL" (PA2007 -210). 1451100 -20091 Assistant Planner Bunim provided a staff report and introduced the applicant, Larry Tucker, to further explain the details of the proposed General Plan Amendment. Larry Tucker, representing Big Canyon Country Club, explained that they are requesting to create one residential lot on 1.9 acres and reviewed several concerns previously raised at the Planning Commission hearing. He confirmed that there is natural growth on the slope and that part of the slope does lead onto the golf course. Council Member Gardner expressed concern about water quality in Big Canyon. Mr. Tucker clarified that Council's approval of the General Plan Amendment and Zone Change would not include such development conditions; however, may be addressed when the lot moves forward for approval. City Attorney Hunt reported on a letter received from Hickey and Petchul, LLP, requesting deferral of project approval until the parcel is incorporated into an Home Owners Volume 59 - Page 70 City of Newport Beach City Council Minutes January 27, 2009 Association (HOA) In response to Council Member Daigle's question, Mr. Tucker confirmed that the property will either be annexed into an HOA for a site review, or the City will conduct a site plan review under the Municipal Code. City Attorney Hunt emphasized that the land use implementation is a private matter to be handled between the applicant and associations. Frank Hughes, Big Canyon resident, expressed concern about converting part of the golf course into residential use, property cleanliness, and parking issues that may arise. Sondra Samuels, Big Canyon resident and Country Club member, requested that the Master Association and Big Canyon Country Club set regulations prior to Council approval. Lorian Petry, Big Canyon resident, expressed concern that approval of this item would be premature and requested that no parking be allowed on Big Canyon Drive. Council Member Webb stated that the Master Association may request "no parking" signs to control parking issues. Richard Van Henceburgen, Big Canyon resident, expressed concern relative to landscaping, tree trimming, and maintenance control, and requested that the property be placed in an HOA. In response to Council Member Henn's question, Mr. Tucker stated that 67 of the 101 residents need to approve the annexation before it can be annexed into an HOA. Russ Kruse, Big Canyon resident and Country Club member, believed that the proposed General Plan Amendment would not impact traffic and property construction should not be a concern. Mike Moorehead, Big Canyon resident, expressed his support of the proposed project. Don Morrow, Big Canyon resident and Country Club member, believed that developing the lot would have no negative material impact on the community. Donald Wynn, Big Canyon resident and Country Club member, believed that traffic and safety would not be an issue. Byron Batchelor, Big Canyon resident, believed that a home on the vacant lot would be advantageous to surrounding residents. Joe Walker, Big Canyon resident, stated that safety and traffic woud not be an issue. Mary Jane Simkins, Big Canyon resident, requested that regulations be established for the new home owner to abide by. Donna Miff, Big Canyon resident and Country Club member, believed that one house will not create a parking issue. Barney Paige, Big Canyon resident, believed that the property is ideal for a single - family residence. Dan Baniford, representing SPON, expressed concern over the new homeowner's ability to build into the hillside and requested that a regulation be established to prevent that from happening. Tony Bombcamp, Biological Consultant for Glenn Lucose & Associates, confirmed the Volume 59 - Page 71 City of Newport Beach City Council Minutes January 27, 2009 existence of natural scrub on the hillside; however, believed that the project will not impact the scrub onsite. Mayor Selich expressed his support for converting the abandoned parcel into residential and believed that traffic should not be impacted by one residential unit. He agreed that the Planning Commission adequately dealt with the public's concerns. Council Member Gardner confirmed her support for the proposal and expressed the opinion that the parcel should be part of an HOA. Council Member Daigle commented that the conversion of the parcel is very creative and believed that the City is equipped to deal with design issues should the project fail to be annexed into an HOA. Mayor Pro Tem Curry expressed his support to have the parcel part of an HOA for control purposes. Motion by Council Member Daigle to a) adopt Mitigated Negative Declaration No. ND2008 -003; b)adopt Resolution No. 2009 -3 with findings approving General Plan Amendment No. GP2007 -008 and Parcel Map No. NP2007 -029 (Attachment 1); c) and introduce Ordinance No. 2009 -5 approving Planned Community Development Plan Amendment No. PD2007 -005 (Attachment 2), and pass to second reading on February 10, 2009. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Daigle Noes: Council Member Gardner 15. ANNUAL STATUS REPORT ON RECEIPT AND USE OF DEVELOPMENT IMPACT FEES. [100 -20091 Planning Technician Steffen provided a staff report on the receipt and use of Development Impact Fees. Motion by Council Member Webb to receive and file the Annual Report on Development Impact Fees for fiscal year 2007/2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky XVI. PUBLIC COMMENTS Allan Beek requested $240,000 to drill wells in order to prevent landslides and possible disasters. He suggested that Assistant City Engineer Stein generate a report and have it agendized. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS, REPORT - None XVIII. CONTINUED_ BUSINESS 16. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON THE 2008 COUNCIL PRIORITIES. [100 -20091 Motion by Council Member Rosansky to waive the the receipt of an oral report since an update will be sent to all residents in the City Manager's Community Newsletter. Volume 59 - Page 72 City of Newport Beach City Council Minutes January 27, 2009 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn 17. PROPOSED STAFFING ADJUSTMENTS IN THE OFFICE OF THE CITY ATTORNEY. 1100 -20091 City Attorney Hunt reported that the new Assistant City Attorney will begin on February 1 and requested the internal promotion of two part -time positions to full-time positions to support the increase in staff size. Motion. by Council Member Webb to a) approve the request to staff the part-time Paralegal position at the full -time level by establishing a new full-time Paralegal classification in the Key and Management unit; b) and approve the request to staff the part - time Office Assistant position at the full-time level. The motion carried by the following roll call vote: Ayes: Council Member Gardner,. Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn XIX. CURRENT BUSINESS 1s. COUNCIL DECISION REGARDING CITY MANAGER'S RECOMMENDATION TO DEFER CERTAIN CAPITAL IMPROVEMENT PROJECTS (CIP) FUNDED WITHIN THE FY 2008 -2009 BUDGET. (100 -20091 City Manager Bludau presented a report on the City's financial status and proposal to defer various capital improvement projects, based on necessity, to save over $2 million. He confirmed that each project was reviewed on a case by case basis to identify those that have been started and those that may not be able to begin. Council Member Gardner expressed concern about deferring the improvements to Avocado Avenue Median and Corona del Mar State Beach as they were citizen generated. She questioned other staff generated projects. In response to Council Member Daigle's questions, City Manager Bludau explained that Council Policy requires the City to carry over 12% of its General Fund and a number of reserves are in place for various purposes. He also indicated that Council will take an active role in providing leadership in focusing on projects to be prioritized. He emphasized that Newport Beach is a quality of life city and noted that Council will need to focus on where the greatest value is for the dollar. Council Member Webb expressed concern that if the subdrain improvements are not addressed, it may lead to long term ramifications. He requested that Indian Springs not be postponed since the storm drain had previously collapsed. He requested that Council consider reducing the neighborhood traffic management program and removing one of the four sirens included in the original tsunami warning system to assist with the funding for other _ projects like the subdrain improvement project. City Manager Bludau indicated that he had spoken with Chief Lewis who stated that the one siren to be removed is nice to have but is not vital. In response to Council Member Webb's questions, City Manager Bludau and Public Works Director Badum indicated that the audio/visual system in the Newport Coast Community Volume 59 - Page 73 City of Newport Beach City Council Minutes January 27, 2009 Center was not included in the original contract and that money may already have been spent on the system. Mayor Selich added that the Irvine Terrace Homeowners Association had contributed funds to the design of the Newport Coast Community Center and requested that the project not be deffered. Mayor Pro Tem Curry stated that the Newport Coast Community Center generates more revenue than originally budgeted and, therefore, warrants the additional equipment. He commeded City Manager Bludau for his efforts and stated that it would be proactive of Council to support the City Manager's deferral recommendations. Motion by Council Member Rosanskv to support the City Manager's recommendation to defer the following projects, in part or in whole, at a cost savings of $2,088,900: Fire Station 1 (Peninsula) Gender Modifications Fire Station 3 (Irvine Ave.) Water Pipe Replacement Lifeguard Headquarters Garage Remodel Police Facility Office Rehabilitation Avocado Ave. Medians Renovation Balboa Blvd. Median and Parkway Improvements, except to the extent of completion of conceptual plans Bristol Street North Landscape Improvements Corona del Mar State Beach Landscape Improvements Dover Drive Medians Renovation Westcliff Drive Medians Renovation Directional, Wayfinding and Monument Signage Semeniuk Slough Dredging Project Back Bay View Park Enhancement Fire Department Technology Facilities Management Fire Department Technology Mobile Computers Tsunami Warning Siren Removal of the Dunes Siren The motion carried by the following roll call vote: Eyes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 11:10 p.m. The agenda for the Regular Meeting was posted on January 21, 2009 at 3:30 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 23, 2009 at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. R or ding Secretary Volume 59 - Page 74 City of Newport Beach City Council Minutes January 27, 2009 City Clerk Mayor Volume 59 - Page 75