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HomeMy WebLinkAbout01 - Minutes - 05-22-07Agenda Rpt #1 June 12, 2007 CITY OF NEWPORT BEACH City Council Minutes Study Session May 22, 2007 — 4:00 p.m. I. ROLL CALL Present: Council Member Henn, Council Member; -ftry, Mayor Pro Tern Selich, Mayor Rosansky, Council Member Daigle, Coung. M ber Gardner Excused: Council Member Webb y II. CURRENT BUSINESS 1• CLARIFICATION OF ITEMS ON THEE CONSENT CAL2?DAR- In response to Council Member''Dagle's question regarding Itenf4S20 (Construction Contract #3742), City Attorney'auson reported that the information will be provided at the reg ar Council meeting Council Member %med the meeting at 4:01 p.m Mayor Rosansky said 1 is concer`ab out Ctract insurance coverage amounts and thinks that there should b isiorl equire more insurance coverage. City Attorney' Clauson stated �tha , tihe risk mager has authority to ask for more insurance based on the risvvhich she has done in the past. She also stated that the base insurance amount in other cities is one million dollars. 2. DEP PuI ,g Works Director Ba'd'ijis displayed a PowerPoint presentation on the status of re buff eted Iibips that included Facilities, Streets and Drainage, Traffic, Parks, Harbor5;�{ and Beaches, Water Quality & Environmental. Water, Wastewater, Miscella "�'eous, an�the CIP Summary. He also reviewed the existing Public Works organiza46 and the reorganization goals of the department. In response to Mayor Rosansky's question, City Manager Bludau confirmed that there is a'draft agreement with the County for the funding of the Santa Ana Heights Equestrian Facility. He also stated that the Balboa Village alley replacement has been bu''dgeted, and it will continue to move forward. There are some alleys that wO t done previously because of undergrounding. In response to Council Member Webb's question about the Dover Drive sidewalk project, Public Works Director Badum stated that they are still waiting for a response from the Coastal Commission and are hoping that they will allow the City to move forward. Another project of interest is the Jamboree Road Bridge widening which will be on hold for the renewed Measure M bill in 2009. In response to Council Member Gardner's question about the Street and Bikeway Improvements budget, Principal Civil Engineer Sinacori confirmed that the Street and Bikeway Improvements are not for new bikeways, just for repairs. Volume 58 - Page 150 City of Newport Beach Study Session Minutes May 22, 2007 Public Works Director Badum stated that there is a new project in Newport Heights, which will be funded from the Neighborhood Traffic Management Improvements budget. The other pedestrian area of concern will be 23'd Street and Newport Boulevard. Mayor Rosansky requested that the additional budget for the Neighborhood Traffic Management Improvements be $150,000 instead of $50,000 for traffic calming for speed bumps and chokers. In response to Council Member Gardner, Public W•ks Director Badum confirmed that the Beach Sand Study is for local needs in tfe harbor, and the Coastal Sand Replenishment is a cooperative dredging projecvith Seal Beach and Surfside. In response to Council Member Selich's.questi, about the Rhine Channel Wharf money that was already in the budget, NK61ic WoikaDlrector Badum stated that the $240,000 is new money received fi'om Bayside Delopment as a contribution. Administrative Manager Pollard comfirmed that the $3'3 000 in the Rhine Channel Wharf Repair budget is the money that,s in question. The�noney was regrouped by combining three funds together; Council Member Daigle asked City plans to approach the Ge it is factored in the;;'degelop the monitoring of the¢1n�;6e doing a study on the cd is an impact fee to charge ne-w dev the intersection nroiects-.for 91 a '-fee and then pj Mated; that some of will be used to stuff r Webb stated that W re4liw, that the ii if Public Works Director Badum could lay out how the neral "Plan implementation of the 18 intersections, how went of Irvine, and how it effects the intersections and ctions, Public Works Director Badum stated they are d orkmg on de aeloping a preliminary plan for a traffic elopeij'�pand the ney will be collected and applied to improvemext% own the road. The initial plan is to Mize where to''g'o from there. Assistant City Manager City's lawsuits regarding Irvine are settled, and the the impact on the city traffic and recreation. Council ie General Plan is a 20 -30 year plan, and he wants iovements of the 18 intersections in the General Plan Coun Men�bF,tr Webb stated that the City should not fund the money for Public Workstojects'" "upfront and rely on the County of Orange to pay it back. Projects should nq be fun&' unless 50% of the money is received to avoid utilizing the City's surplus. 411; Principal ]Civil Engineer Stein stated that they are closing the feasibility study and hope to j =have the project completed at the end of June for the Big Canyon tor41on. Council Member Daigle asked to have Council and the community ap 4 the road alignments for the project prior to obtaining permits from outside Public Works Director Badum explained the plans to reorganize the Public Works Department, which will focus on maintaining and improving the current quality of project delivery and services, building on existing strengths and talents, retaining and recruiting quality employees, building in flexibility within the organization, taking advantage of outside resources and doing it quickly. The reorganization will combine the City Engineer and Development Services Transportation Manager to a Deputy Public Works Director (City Engineer) and will allow promotions in- house. Volume 58 - Page 151 City of Newport Beach Study Session Minutes May 22, 2007 In response to Council Member Curry's question regarding what the Public Works Director's role will be in the department after the reorganization, Public Works Director Badum stated that his time will be used for the elevation of the encroachment policy, improving the plan check process, and will allow more time for key facilities projects, capital project processing, and municipal code revisions. He also stated that the Facilities Program Manager position will be a firm that would take an active role in program management, which will allow more flexibility, experience, and provide more resources than a single person. Council Member Curry stated that he is concerne4fabout the City spending money on facilities that will be replaced in several yearel City Manager Bludau presented the budgek r'epgrt for -the City Council and City Manager's office. He went over the proposed City'C,o nciI budget materials for 2007- 2008 regarding special department expenses, profional and technical services, and publications and dues and discussed why mone'`y.�is put in the budget for sponsorship of some City events He spoke about the C Manager's department budget and explained the key divisions for the depart t and their major accomplishments and challenges In response to Council Member Hem's question concerning code enforcement issues, Assistant City Mangy. r Wood stated that she has in the past and will continue to meet with staff to dill` ore staff is needed and the flexibility to put extra staff where needed to enforce cod Q< ,;She spoke about the challenges and taking a more aggressive stance legally, for code enforcement -i Harbor,,R.esQUrces Supe so �Riller confirms €d for Council Member Webb that the Grand Jury report was d last week regarding mooring permits for residents. He stated that meetings Ebe conducted with a subcommittee group of the Harbor C@hmissiork to organize a response within the required ninety (90) days. Prior to ili;L *,p to the Grartd Jury, he will present it to Council and the Harbor City %Inage �Bludau finished his budget report by speaking about the changes in Harboriesourc "e'stand Public Information Office and the reasons for the changes. Council IVmber Henn asked that a report be presented to Council in regard to the Professiorrl and Technical Services budget that will include the required budget amounts frersus the discretionary budget amounts. Administrative Services Director Fanner mid that the amounts can be itemized for each department. Lib Services Director Katsouleas gave the budget report for the library which incl ded the core services, statistics, total funding by division, and expenditure areas. She spoke about the Corona del Mar branch attendance level going down and how they would like to move the Corona del Mar branch to the new OASIS Senior Center. There was a study that was done regarding Sunday hours of operation, which determined that opening Mariners Library on Sundays rather than keeping the Central Library open more hours on Sundays would be more cost efficient. The budget for facilities at the library will focus on repairs for the Balboa Library and a larger pump will be installed at the Central library to help with drainage. She also stated that there are challenges at the libraries, such as keeping up the facilities and recruitment, because the City of Newport Beach is geographically and financially Volume 58 - Page 152 City of Newport Beach Study Session Minutes May 22, 2007 undesirable. The Library accomplishments include creating innovative library spaces and providing innovative library services through technology. Council Member Henn asked that the remaining department budget presentations be trimmed down a little for future meetings. Council Member Gardner and Mayor Rosansky asked for a longer study session meeting to ensure enough time for budget presentations. III. P..UBLIC COMMENTS W.R. Dilding from Central Newport Beach Community A§sociation spoke about the flashing crosswalks that are in the budget for Newport and 23`1. Street. He is glad that the project is back in the budget and he is concerned that the money is less than the previous contract for Corona del Mar. He offered to help- updafzi the Public Works section of the Municipal Code. z Patrick Munoz assured Council that the trash trucks from Ware I)gposal do not have safety u issues, the mechanics are regularly trained and independent contral�tgrs are hired to conduct inspections on weekends. He started that -, they never have injure. or accidents and insurance premiums were lowered becad'f their good safety practices- IV. ADJOURNMENT_. - 6:17 p.m. The agenda for the Adjournet&-Rla mlar Meeting was. posted on May 16, 2007, at 2:00 p.m. on the City Hall Bulletin Board locates l de of the'.City of Newport Beach Administration Building. City Clerk ecord' g Secretary Mayor Volume 58 - Page 153 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 22, 2007 – 7:00 p.m. A. I. STUDY SESSION - 4:00 p.m.� II. CLOSED SESSION - 6:15 p.m III. RECESS IV. RECONVENE AT 7:00 P.M. FOR —REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council,:: Member Curry, Mayor Pro Tern Selich, Mayor Rosansky, Council Member We Council Member Daigle, Council Member Gardner VI. CLOSED SESSION REPORT City Attorney Clauson reported that the: 1i5r Council accepted an offer from Macerich Construction tq, resolve its bid n Contract No 3742. Macerich executed the settlement agreement aTid paid the City $3r% "poo to relieve it from the low bid on the contract and settled a1lKdyisputes Council unamously agreed to accept the settlement agreement and consider e matte under Agenda I in S20 on tonight's agenda VII. PLEDGE OFALIIANCE - Mayor Pro Tern Selich Newport Center United Methodist Church Works Wj" k Proclamation - Presented to Public Works Director Badum, General s Directof Harmon and Acting Utilities Director Murdoch. Studer's fromNewport Harbor High School gave a presentation on research regarding the matter o" 1 tyrene products that are deteriorating beaches and oceans; presented a draft ordinanceasked that Council pass an ordinance banning use of polystyrene products in Newport Beach. Dan Miller, The Irvine Company, showed a PowerPoint presentation of the recently refurbished Back Bay Loop Trail and signage and presented the City with a check in the amount of $600,000 covering the cost of the staging area for the multi - purpose area parking, staging, restroom and drinking fountain areas for the Back Bay Science Center. Mayor Rosansky read a proclamation proclaiming the week of June 4th as Invitational Regatta Race Week. Mayor Rosansky and Council Member Henn presented the proclamation Volume 58 - Page 154 City of Newport Beach City Council Minutes May 22, 2007 to representatives from First Team Real Estate and Hoag Hospital. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Curry said that for the past three Saturdays he and his wife have participated in CERT training and encouraged everyone zpn every homeowners association to participate in future classes. ,p Mayor Pro Tem Selich spoke about the town hall meetingpn Balboa Island on May 12th with 125 residents participating. The first Genera] Plan odigeach meeting was held on May 16th. He announced that the Balboa Island Parade will Q1eld on June 3d and invited everyone to participate in the festivities..r Council Member Gardner spoke about the C�dM Run. She congratiited staff, consultants and the General Plan Advisory ComiY{ee'$n receiving the Amencanann ng Association award. She said she plans to make a in t-n to reconsider the trash contract at the end of tonight's meeting. Council Member Daigle ackA6- 11' ed that a senior citizen produced a CD that contained romantic Chopin music. At top in i days request she presented the CD to the City and asked that it be played during meeting br Nell Council Member Webb announce that that"' League of California Cities appointed him to the Airport Land'Use Committee. Ate Monday meeting the committee visited John Wayne Airport toreceive a presentation r rding the complex issue of noise monitoring. Mayor Rosa`n�ky arrnoµnced that o'iMay 10th the Chamber of Commerce held its 100th AM ry l�iekpff celebration; Tkw Relay for Life was held last weekend at Newport I3arbor Schobl,and the event 8ised over $186,000, well in excess of the $150,000 goal. CONSENT ENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 8, 2007 [100 - 2007]. Waive reading of subject minutes, }approve as written and order filed. W zip .u; 2. -r 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. ORDINANCE FOR ADOPTION 3. ADDING CHAPTER 5.43 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISES WHICH IMPLEMENTS THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [100- 2007]. Adopt Ordinance No. 2007 -9. Volume 58 - Page 155 City of Newport Beach City Council Minutes May.22, 2007 C. CONTRACTS AND AGREEMENTS 4. OCEAN PIER REPAIRS - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3798) [38,1100- 2007]. a) Accept the 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 one (1) year after Council acceptance. 5. NEWPORT SHORES ALLEY REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT C3722) [381100- 2007]. a) Accept the �:t work; b) authorize the City Clerk,, £ile=a Notice of Completion; c) authorize the City Clerk to release the Labor and terials bond 35 days after the Notice of Completion has,�been recorded''�6 accordance with applicable portions of the Civil Code,; a6'hd d) release the Faithful Performance Bond one (1) year after Council a ptance 6. TRAFFIC ON-CALL SERVICES - APPROVAL OE PROFESSIONAL SERVICES AGREEE, NTS (C -3938) [381106- 2007]. Approve Professional Services Agr€i)ments with Austin -Foust Associates, Inc. and Transports n Studies, InC °for on -call traffic engineering services and authorize tQ pr and City Clark to execute the Agreements. 7. PUBLIC PUMP- 60KREPLACE ENT; BUDGET AMENDMENT (C- 3940) [38/100':2007] a)'X,*tbprize' =,,(he City Manager to execute an ,agreement subsfantiall�i =5 milar{4 6 3,he draft attached to the staff report with w ft Slip to reraoy{."and replace the pump out facility for the sum of $57;924; and b) prove a budget amendment (07BA -072) to increase re ve nue estimates d expenditure appropriations by $20,000. 8 _.TAMUA DEEP [WELL REHABILITATION - APPROVAL OF " PROFESSIQNAL . a_ SERVICE AGREEMENT WITH LAYNE <i14' dARISTENSEN COMPANY (C -3939) [38/100- 2007]. Approve a Professional Services Agreement with Layne Christensen Company for the ,rehabil&.4tion of the City owned Tamura Deep Well located at 17415 agnolia Street in Fountain Valley for a not to exceed price of $59,633 and uthorize the Mayor and the City Clerk to execute the Agreement. ;BACK BAY SCIENCE CENTER - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3460) WITH JUNIOR STEEL CO. (C -3460) [38/100- 2007] a) Accept the work performed and completed by Junior Steel Co.; 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 one (1) year after Council acceptance. 10. 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENT AND BIG CANYON TRUNK SEWER REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3562) [381100 - 2007]. a) Accept the 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 Volume 58 - Page 156 City of Newport Beach City Council Minutes May 22, 2007 I11 XIII. Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; d) release the Faithful Performance Bond one (1) year after Council acceptance; and e) approve a budget amendment (07BA- 075) appropriating $241,389.39 to Account No. 7251- C5600292 for the completion of the Big Canyon Trunk Sewer Replacement and increase revenue estimates by $248,431.62 representing OCSD's final contribution for this work, including a 4% administrative fee on construction services provided by the City. MISCELLANEOUS 11. LEGAL PUBLICATIONS FOR -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2007 T0 JUKE 30, 2008 [100- 20071. Authorize the City Clerk to publish a no_ ce advertisin�*�g � for bids to be received on or before the hour of 4:00 p.m., =on Friday, JunP ki 2007 for a one -year contract covering the publishing ,arid printing of lege n.9tices, or other material required to be published and circulated in the City ofNewport Beach. 12. 2007 -08 PROPOSED_BUDGET HEARING; 2007- 08PPROPRIATION LIMIT HEARING [10"1 0071. Schedule a public hearing of the City's Proposed Budget and Appropriation Limit for the 2007 -08 fiscal year on June 12, 2007 at 7:00 p.m. airl',direct the City Clerk to publish a notice of said hearing 13. ACCEPTANCE OF ORANGE COUNTY HEALTH CARE AGENCY FUNDS FOR USE IN SSING ALCOHOL RELATED ISSUES IN THE COMMUNIT [100 P Rq; a) Accept funds for administrative p`airposes from th'e Orange County Health Care Agency, Alcohol and Drug s., rsr Education and P4'vention Team (ADEPT) in the amount of $10,000 to be used for compliance, checks and enforcement of State and Municipal alcoholic beverage control violations in the community (07BA -073); and b) authori2e;,,he Administrative Services Director to establish revenue and e _enditure accounts to facilitate the administration of these funds. MotInI by 1Fiavor Prp Tern Selich to approve the Consent Calendar (Items 1 - 13). �� is {3 The mo%n carried by the following roll call vote: Ayes: C cil Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor 1118ansky, Council Member Webb, Council Member Daigle, Council Member XIV. PUBLIC HEARING — None 14. VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600 EAST COAST HIGHWAY [901100- 20071. Public Works Director Badum reported that the item can be continued to June 12th to allow staff an opportunity to correct the easements. He responded to Mayor Pro Tern Selich that The Irvine Company consultant had no issues with the City not Volume 58 - Page 157 City of Newport Beach City Council Minutes May 22, 2007 accepting the sewer easement. Mayor Rosansky opened the public hearing. Motion by Mayor Pro Tem Selich to continue the hearing to June 12, 2007. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Council Member Webb, Cour Gardner 15. REVOCATION OR MODIFICATL019; CONDITIONS FOR NEWPORT BE —H BRE [100- 20071.`' Motion by Council Member Cu, i ry to,continu( The motion carried by the following roll call vote: Mayor Pro Tem Selich, Mayor aber Daigle, Council Member AND /OR ADDITION OF dNG COMPANY USE PERMIT the he to July 10, 2007. Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner gip. XV. PUBLIC COMMENTS Lisa Vallejo spoke in oppositiorko the propoabe�-egastal liluff condo project. John Martin -6 iessed concerns about the proposed coastal bluff project. Shirley Ginger spoke about the rising costs of healthcare in Newport Beach. AJ of to endorse SB840. Vern Nelson also spoke iyeupport of SB840. Halowski encouraged the City Council to pass the draft resolution presented by )ort Harboriigh School students supporting the ban of polystyrene products. Council M&idber Daigle spoke about Council Member Webb's re- election to the Airport Land Use Commission and reported that the Finance Committee is working on an RFP to study cost of services and benchmarking. Mayor Pro Tem Selich reminded residents that the General Plan Implementation Committee would meet at City Hall on Wednesday. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING AGENDA FOR MAY 17, 2007 [100- 20071. Planning Director David Lepo reported on the following two items: 1) Alcoholic Volume 58 - Page 158 City of Newport Beach City Council Minutes May 22, 2007 Beverage Outlet Permit for Rolfs Beverage (PA2007 -049); and 2) Advanced Real Estate Services development at 201 & 207 Carnation Avenue and 101 Bayside Place (PA2005 -196). XVIII. CONTINUED BUSINESS 17. PARK DESIGN ELEMENTS FOR NEWPORT CENTER PARK [100 - 2007]. Mayor Pro Tem Selich read a prepared statement regarding the Parks Commission's recommendation to continue with the constructiodiQ the Newport Center Park. In summary, he stated that the Parks Commissio"endered its decision and there is no further action required by the City Couil. He spoke in support of their recommendation to include a tot lot. He supporigithe park based on the need for the City Council to live up to its commitni2nt. Th6111 o- uncil needs to consider parks z overall in conjunction with the City'. General Plan." -the 450 new units at Newport Center will generate S11,756,000 -and the 79 Santa 96rbara units will generate a little over $2 million in park fe Park represents only 25 percei park development standards : needs of Newport Beach resi Park. He said he continues to and the City's newlysd site should stand on., .4i Newport Center and he widely used by the pulfl should analyze the cos building Ohd. However, he wo-lild favor a City E 1. proposal folic a 12.5 acre treat of a 4 initiative $3 million for construciii5 i of the Newport Center of these fees and is in line with commonly accepted i,.the balance will go toward-- aeeting future park nits, including active parks such as Sunset Ridge ipp6rt this park based on sound land use principals ieralPwAan. Putting a park on the current City Hall its. This site offers the most available parkland for hUorliond parks are; .important in mixed -use areas and are With Yetpect to pl &ping a City Hall on this site, the City and ask''its' Coltant DMJM to look at the cost for a his recommendation should not lead anyone to believe that lon'this site because he does not. Absent any other logical ar3c, the City should proceed with this park and ignore the Moti6hr by'fiWbra:Pro TeASelich to direct staff to bring back at the June 12th s fi y C6' mg ar meet tion for Council consideration to proceed with the piepitratiom gf plans and specifications for the bid package for Phase I of the New 6t Cen &.,,Park as follows: approve construction of the park per the currently approved City Cbpncil Concept Plan, incorporating the suggestions of the parks commission with tf'e addition of a tot lot, and the addition of the upper parking lot. Construction to be done in Phases with the middle phase first; acceptance of the $600,000- donation towards the construction of the middle phase in exchange for namingA±rights for the entire park, with the provision that other naming rights will be available, and direct staff to negotiate an agreement; conceptual approval to a 3_,g the FY 2007 -2007 Budget to increase funding from $200,000 to $400,000, su46'et to final construction bids; and direct staff to complete construction documents for the middle section phase as soon as possible and put them out to bid. In addition, authorize the City Council Building Committee and the City Manager to expand the scope of the DMJM contract, within the City Manager's authority, to include a cost analysis to construct a building pad immediately north of the Central Library capable of supporting a two story 72,000 sq it City Hall with a 42,000 first floor and a 400 space parking facility with 300 spaces for city hall and 100 spaces for the library. Council Member Gardner felt the City should be creative and suggested there might be an opportunity for a public park at this location. Volume 58 - Page 159 City of Newport Beach City Council Minutes May 22, 2007 Council Member Curry concurred with Mayor Pro Tem Selich and pointed out that political tricksters were at play. Residents have been receiving telephone calls from pollsters and creating false controversy. This Council decided at its last meeting that all three parks would move forward with the same priority. Council Member Henn also supported Mayor Pro Tem Selich's comments. He emphasized that the land for Newport Center Park is not now and never was free. The City gave up density to get the land and it cost,the City a great deal. Dick Nichols said there was no reason there cpfild not be "active" uses on this large site that would include a City Hall and paxlNite. The public definitely wants this site studied further. Barry Allen said the Parks Compassion rejected soccer fields on the site and believed the Council should moveforward to build the park.,. Jan Vandersloot, represe park since 1992 and is in Allan Beek said he Bernie Svalstad Caroline Logan spoke motion and encouraged kson felt proposed and cons proud of his 0 i �,.. iu fort of the n supportp�g'4WI the Council to n said his advocated for the with Mayor Pro Tem Selich's statement. Council. arlc, for Pr '.'Tem Selich's cogent comments and vetforward as quickly as possible. Pro Tem Selich's motion went well beyond the and believed the matter should be continued for - .... said that:3lxstra5 unset Ridge is ideal for an active park the Newport is ideal for a passive park. Mayor"IRosansky=asked if Mayor Pro Tem Selich's motion was suitable to the agenda item a4 City Attorney Clauson responded that Mayor Pro Tem Selich's motion was more of a motion for direction to bring items back to the Council for consideration and was0therefore, appropriate. Council!+Member Webb asked City Attorney Clauson to clarify the agenda item and iaY06Pro Tem Selich's motion. He said he agreed that the 450 units might justify a 1 4,'acre park as a neighborhood park, however neighborhood parks should have active uses. The General Plan defines neighborhood parks as ones with active uses and would therefore have a higher priority. He would like for the Council to speed up the Sunset Ridge Park project. The CIOSA agreement allowed senior housing on this site when it was approved. He said he supported Mayor Pro Tem Selich's motion item that would allow the Council to look at the site for potential inclusion of a City Hall north of the library in order to be able to compare this site to the OCTA site. However, he questioned Mayor Pro Tem's second proposal, which was acceptance of the $600,000 donation and giving naming rights because that action conflicts with Council Policy B -17. He requested that the Council seriously consider existing Council policy before providing naming rights. Council Member Webb Volume 58 - Page 160 City of Newport Beach City Council Minutes May 22, 2007 reiterated his belief the City should look at getting the active parks completed before spending funds to complete passive parks. Council Member Daigle commended Mayor Pro Tem Selich's concepts. She felt the motion took a step in the right direction for gathering valuable information. Mayor Rosansky said he supported the portion of Mayor Pro Tem Selich's motion that called for analyzing the costs for a City Hall on�the site. He corrected Council Member Curry's statement regarding Council giving equal priority to building all three parks and stated that the direction to staff °was that the Council gave equal priority to moving forward with conceptual pl.. s for building the parks. He said he agreed with Council Member Webb's comm ti� regarding naming rights and said he did not agree with moving forward with _,' ased` velopment of the park. The motion carried by the following roll call vote: Ayes: Council Member Council Member I Noes: Mayor Rosansky, 18. AWARD CONTRACT FOR CORONA DEL ATE Curry, Webb, Council Pro Tem Selich, CAMERA MONITORING SYSTEM FOR ,(C -3941) [38,1100- 20071. John Klein, Deputy' asked for Council approval in the amount of $170,395 for inatallati of a re>Zlttte, beach ca ii xa monitoring system for the Corona del Mar State Beach, Little Coronalane e We' e Beach areas; and, approval of the sole source purchase of the recommended stem and related equipment in order to deploy po7iee services of ettvely. The original wireless system projected to cost about $75,000 did not fu #: illuminate the nighttime beach areas. The proposed stem will include four ca , eras at the new life guard building in Corona del Mar, one at Little Corona Beach,d two at the Wedge. This system allows views in zero light "aimilar io�i3e jsystem a gd by the helicopters. The installation also includes May%Pro Teu r;Selich asked if the contingency would be sufficient and Deputy Chief Klein ss id he was?;Gonfident that the price would be sufficient to cover the cost. Deputy Chief Klein responded to Mayor Rosansky that the movement setting is based on;pixels and can be charted to determine the movement of cats and dogs and not the Tovement of trees. tiqbv Council Member Gardner to a) approve funding (07BA -074) from the Getal Fund Unappropriated Reserve in the amount of $170,395 (which includes a 5% contingency for the project) for the installation of a remote beach camera monitoring system for the Corona del Mar State Beach, Little Corona, and the Wedge beach areas; and b) approve the sole source purchase of the recommended system and related equipment from Thompson Engineering and the Dell Corporation. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Volume 58 - Page 161 City of Newport Beach City Council Minutes May 22, 2007 Gardner 19. REPORT ON THE ADOPTION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY [100- 20071. City Attorney Clausen reported that tonight's B;ction is to receive and file a report required by the Government Code to adopt `1 moratorium. The initial period of adoption runs about 45 days and requires that 4,;report detailing that the conditions leading to the moratorium were alleviat' in accdrdance with the government code be presented about 10 days before the expiration o 1%e moratorium. Working with outside counsel staff developed a,:;questionnaire that vas distributed to residents living in close proximity to these. facilities. Polly Marshall, Goldfarb Lipman Attorneys, said she workedosely with staff in looking at existing ordinances. T-,he redlined ordinances and memorandum dated May 13th speak to current and proposed ordinance wording. The most important change in the proposed amendment is adding a definition of integral facilities. Council Member Daigle 39%d,,, at kinds:' conditions the Planning Commission and City Council coulq consideu under disciFetionary review. Attorney Marshall responded that the use'permit traditiVnally allows very broad discretion. However, such discretion cannot bd_used,.W impose �*iminatory conditions. The complaints tend -td' include commercial, -uses and the City could impose conditions that would deal`with those conditions c, r the general health and welfare of the neighborhood. Attorney Marshall pointed out that multiple locations for one use may be considered a larg4"h use af-R,1 Bauch the City would have a right to regulate that use under the 1�aCUhties process. AfSOMrcluded is a change that would prohibit a facility that pro Nnse sercnces to residents who live in the residences and also provide services to perwho do not live in that facility. Under state law cities are required to treat licefacihtiQlf or six or under the same as it would for single -family uses. The definitio 0 has chaF ged so that it includes only licensed facilities. If facilities are unlicensed and small they will be prohibited. However, those homes can be given right of i;iuse as a reasonable accommodation for disabled individuals. All uses involving parolees and probationers where the home contains two or more ldividktals not related by blood who occupy homes and who are paying for the ml , it�'�in some fashion are prohibited in residential areas. Council Member Henn asked whether a parolee who is disabled by a drug or alcohol problem could be allowed and Attorney Marshall responded that if two or more parolee's occupy a home and are disabled by drug or alcohol the use would not be allowed. The home would have to apply for special accommodations. Attorney Marshall spoke to a new chapter involving rezoning and reasonable accommodation stating that the abutting property owners and individuals living across the street would be noticed of a zone change and have the right to appeal the rezoning. Should the City choose to do so it may adopt its own certification process rather than the County's certification process. Volume 58 - Page 162 City of Newport Beach City Council Minutes May 22, 2007 Council Member Henn asked what the consequences were of not meeting the requirements. Attorney Marshall responded that the facility could not operate unless it qualified for reasonable accommodation through the application process. There may be a reason why the smaller homes cannot meet the separate requirements listed on pages 26 and 27 of the draft but still believe they might be able to show reason they should be able to operate. Because of the nature of reasonable accommodation individuals must be given the right to make an individual case based on the individual circumstands: Council Member Henn noted that state law references local need and he did nod see any reference in the proposed language. Attorney Marshall stated that findings would focus on local need and number of facilities. If the City were ever. Make a decision that there were too many it would need to be a careful decision. TFea permit process is a discussion of the welfare of the community. Council Member Webb asked if ;tie City should be requ g that houses meet ADA requirements. Attorney Marshall said that would not be - possible for the six and under facilities unless the code was, changed to include restrict Rrs for single -family residences. For the six and overfacilities, the state imposes rigid` requirements. She said she would hesitate to say that a local government could impose ADA requirements unlesi%1 4ey were comm6rcial establishments. Council Member Cu* y ask iif it were °Attorney Marshall's opinion that these amendments would pals muster�a. Attorney lYIarshall responded that she felt that certain items were defei�sible Ho_. er this is -breaking new ground and she would r. not guarantee any outcoffie. Council Member Henn now that the ordinance did not include a sunset clause or h?w uses would be required`to cease operation. Attorney Marshall said that no uses would, become illegal, they would be subject to conditional use requirements whether they are -rand fathered" or :have a specific time period in which to apply for txunditio— -use permits "ti ecover their loss. Council Member Henn asked why no separation `o .distance was included. Attorney Marshall explained that that Ninth Circu'3f� Courf'd termined that distance was determined to be facial discrimination unless ere is `scific threat of harm. Council Member Henn asked if Attorney Marshal had look a for potential threat of harm and she responded that she had not but had instructed staff to look for such findings. The case law says that there must be a specific and real danger. Marshall responded to Mayor Rosansky that on page 4 the language was be and rather than or with respect to parolee /probationer, etc. Council Member Henn asked about the 14 -day appeal of the Planning Commission's decision procedure and City Attorney Clauson stated that was language contained in today's requirement. Council Member Henn said he was not clear on who could appeal and how long they had to appeal the decision and Attorney Marshall explained that it would be a Planning Commissioner, not a citizen. City Attorney Clauson said that it would be the same 14 -day period and may require outside expert determination. Senior Planner Patrick Alford summarized suggested changes to Title 20 (Zoning Code) and Chapter 5.95 dealing with short -term lodging permits and operations Volume 58 - Page 163 City of Newport Beach City Council Minutes May 22, 2007 resulting from the short term lodging permits. Rental homes would be prohibited in the R -1 and RA districts and would be allowed by right in the R 1.5, R2 and MFR districts requiring a short -term lodging permit. Chapter 5.95 would include new language to the findings to note the long tradition of single - family vacation homes in the City, the positive fiscal impacts and reference the coastal land use plan, which supports the short -term (30 -days or less) lodging units as visitor accommodation. In addition, he would propose adding a requirement that managing agencies obtain the short -term lodging permit. There are instances-bin which there is multiple - ownership and he felt it would be appropriate to identify central management and point of contact. Language would also be adder to require that the owners and managers comply with the municipal code ar "conditions of the short -term lodging permit. Additionally, language would be added bout "noticing" so that all property owners within 100 feet of the site wouldlie notifie& about the permit that would also provide contact information; add a requirement for Ypections at the initial issuance of the permit and every four years thereafter; require a written rental lease P agreement limited to one per unit; establish a minimum'kntal period, set overnight occupancy requirements, require disclasure, and require a j i dure for response to complaints; and, add a condition pla(ffirg a limit on the numbe %f vehicles allowed at the site. Mayor Pro Tem Selich asked why (Pale 20) the City would want to get into the business of monitor g'rental units and "compliance issues because he saw no nexus to the survey impacts l Alford said it would ensure permit compliance and monitor safety concern. i� Mayor Pro., Tem Selich aiked if;.-Che ordiii0be would assist enforcement in cases of non- compli0mce. City Altorf ey Clauson responded that it would and allows enforcement to make certi the use and number of cars at any given unit could be ivonitored.; Council Memb& Henn said he was aware of at least one illegal unit. Mayor Pro Tem Selich said , seemed to him that the City should single out illegal units He ii wisp concerneiZ about responding within two hours and limiting the N r` of cars. IVIr Al%rdrWaid enforcement could be difficult but during the ation process a lot "'of information would be imparted to the City. With os and repeated violations the language would provide for enforcement. Council ember Curry said that the moratorium would expire at the end of the 45- day perd. City Attorney Clauson said it was staffs recommendation not to continue&,he 45 -day moratorium for vacation rental permits. The language proposed for Ch a Ler 5.95 would impose restrictions for future use. Dick ,Nichols said the current language and draft language was not in accordance wRli7 state law. City Attorney Clauson responded that there are certain provisions in the law that speaks to non - medical services and if a facility provides non - medical services they must be licensed. If it were just a sober living facility not providing non - medical services it would not need to be licensed. Kay Mortenson was very concerned about illegal modifications to single family units and what uses and density would be allowed under the short -term rental ordinance. Max Liskin referred to the language in the CRC Health Corp 10 -K manual and suggested that it would behoove Sober Living by the Sea to work closely with the City on a pro - active basis. Volume 58 - Page 164 City of Newport Beach City Council Minutes May 22, 2007 Don Ahbrams, realtor, and owner and manager of vacation properties, spoke against the short -term vacation rental moratorium because it presents a hardship for many groups. Joyce Barnes thanked the City Council Members for their diligence. Pam Bacich encouraged the Council to set standards. _ Doris Lee, realtor, said there was no compariso-i= between short -term rentals and sober living homes and hoped the moratorium ,tuould be lifted. Denys Oberman appreciated staffs v ordinances. Craig Batley commended staff f£iY tl staffs recommendation and.said the scope of the ordinance. Marlys, realtor, asked that the Mayor Rosansky rift lodging permit, staff flru Council Member Hennk� needs to addressed q some ednederation of coi 520. AWI, CONSTRUC' TYiEATRE' ARTS CEN GUMD POWER; (3) when needed to be done on the work, recomiAl ded Council approval of ncil should visit`44her issues within the on short -term rentals be lifted. were formulated for the short -term the Board of Realtors for their input. it ha A _deter .fined that the amortization matter y #kd thoroughly; and the new language should have ibility of use. '- V CONTRACT (C -3742) FOR: (1) NEWPORT t LOBBY ADDITION; (2) RETROFIT OF (E) 320' ftLITIES YARD RADIO BUILDING; AND (4) NG 3 REMODEL 1381100- 20071. Moti8h, by Council Member Webb to award the construction contract to Big West Constr��ur�,tion Corp. and (1) authorize the City Manager to enter into a reimbursement Agreement and Long -Term Lease with the County of Orange; (2) approve the plans and specifications; (3) award the contract (C -3742) to Big West Construction Corporation for the total bid price of $1,009,475, and authorize the Mayor .iaand the City Clerk to execute the contract; (4) approve a Budget X nment (07BA -076) appropriating $35,990 from the General Anappropriated fund balance to 7011- C5100809 for the Newport Theatre Arts Center Lobby Addition; (5) approve a Budget Amendment (07BA -076) appropriating $221,500 to Account No. 7251- C5100976 from a contribution from the County of Orange and increasing revenue estimates by $221,500 representing the contribution; and appropriating $82,188.50 from the General Fund unappropriated fund balance to Account No. 7017- C5100976 and appropriating $82,188.50 ($35,639 from Account No. 7501- C5100277, $24,725 from Account No. 7501- C5500074, and $21,824.50 from Account No. 7501 - 05100768) to Account No. 7501- C5100976 for the Tower and Radio Building; (6) approve a Budget Amendment (07BA -076) appropriating $188,335 from Account No. 7501- C5500074 to 7501- C5500930; (7) collect Macerich Construction, Inc.'s bid bond (10% of their bid amount) or negotiate another settlement amount with Macerich because of their errors in bidding the contract (C- Volume 58 - Page 165 City of Newport Beach City Council Minutes May 22, 2007 3742); and (8) establish an amount of $100,947 (10% of the award amount) to cover the cost of unforeseen work and construction expenses. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XVIX. MOTION FOR RECONSIDERATION Motion by Council Member Gardner to reeoiisider Council's action taken on May 8, 2007 to award a refuse collection contract-4o %;are Disposal. In response to Council Member Henri; City Attorne"yIi lauson explained the process and indicated that if the motioOF passes Council d reconsider the action approving the contract at the nett meeting. Public W.Director Badum stated that if the Council decides to re -bid,, the current hauler '%r' agreed to extend its contract for three months. =; Patrick Munoz said his client was pared to move forward in accordance with the approved contract and , §aid he was concerned about fairness to his client. City Attorney Claus resp`oled to Mayor Pro Tern Selich that the contract has not been executed, therefore it is subl�iYC' t, ,o reconsideration by the City Council. Jay W,a;e;;asked Council not io reconsideF their decision. In accordance with CouA',s vote and staffsx,ata'tements he ordered trucks and trash containers to cm mence trash pickup 6 nning July 1st. Council Member Henn asked if the bVQre contracts could be canceled and Mr. Ware said that about $1.5 worth of special c,w equipment wa ordered and could not be canceled. 7sns Rosa ,Waste Management, said that a threat of a lawsuit could be indicative of a fu � e relationship He sazd he was concerned about the procesa taken during the last�', CounG,il meeting. If the Council were to change its proposal he would welcomthe opportunity to participate and work with the City to provide cunt nuing service find would ve the City a three or four month contract extension. Director Mark Harmon stated that staff never directed Ware to order C"hnsal Member Curry asked what the cost differential between Ware and Waste M . gement would be for the three -month period. General Services Director Harmon said he did not have that figure. Council Member Curry said it would be safe to say that the City's cost would be higher for the three -month term with Waste Management. General Services Director Harmon said it was important to get the best deal for the 10 -year term. His understanding was that the cost per house would be the same. Ware offered additional containers and said they would change the overall cost of the contract depending on the negotiations. Also, the other haulers were willing to re- negotiate the terms of the contract as well. Mr. Ware said that Ware committed to 40 percent recycling percentage, confirmed that the insurance limits would be increased and the cart charges would be reduced. Volume 58 - Page 166 City of Newport Beach City Council Minutes May 22, 2007 Free carts were included in the original on -time proposal. David Fahrion said that Waste Management would appreciate an opportunity to re- bid the contract and hoped Council would approve Council Member Gardners motion. The motion carried by the following roll call vote: Ayes: Mayor Pro Tern Selich, Council Member Wz4b, Council Member Daigle, Council Member Gardner Noes: Council Member Henn, Council Member, Curry, Mayor Rosansky XX. ADJOURNMENT - at 11:20 p.m. to 6:00 p.m. on!Wednesday, May 30, 2007 The agenda for the Regular Meeting was posted on May 10 4007, at 2:00 p.m, on the City Hall Bulletin Board located outside of the-JOity of Newport Bedoh�.4,A_dministration Building. The supplemental agenda for the Regulai Meetii g was posted on ay 18, 2007, at 2:20 p.m. on the City Hall Bulletin Board locate.1` outside'bf the City of Newpo;Beach Administration Building. Secretary Mayor Volume 58 - Page 167 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting May 30, 2007 — 6:00 p.m. I. II. III IV RECONVENE AT 6:00 P.M. FOR ADJOURNED ROLL CALL Present: Council Member Henn, Mayor Pro Tem Council Member Daigle, Council Member Excused: Council Member Curry City Clerk Harkless announced that Council al- location pursuant to GC Section 54953(b) - 6101 No!. PLE_D._G_.E OF ALLEGIANCE - Mayor Rosansky PUBLIC HEARING 1. INTERIM URGENCY ORDIr ON THE ESTABLISHMENT THAT ARE HOMES, SA RESIDENTI NEW SH(OI DISTRICTS p tor an aria proposed ordin'Tffil ' ordinance revisi( an ill then be theiMr atorium j`iIIfG�!Iq, In respo `R a process of r6-, UNLI Council Member Webb, is narticmatin .1. oni a teleconference OWN, DING A: "TEMPORARY MORATORIUM q,PER_' 1,ON' OF NEW RESIDENTIAL USES TURE `SBVH AS PAROLEE - PROBATIONER SED RESIDENTIAL CARE FACILITIES AND GENERAL, AS WELL AS THE ISSUANCE OF kERMITS IN ALL RESIDENTIAL ZONING )rovided`tY staff report, noting the proposed moratorium extension ep`onths (to November 8th), which will allow time to proceed with the sionsi iisidered by Council at its last meeting. It is anticipated the be considered at the Planning Commission's second meeting in June t to Council. She added this moratorium extension does not extend on 9i7ort -term lodging permits which will expire on June 8, 2007. ion by Mayor Pro Tem Selich, City Attorney Clauson explained the the moratorium should it be necessary. Dick Nichols stated he was generally pleased with the proposal, however, was confused by the interim urgency ordinance process, as he thought any proposed code changes would go through the hearing process. He added that he feels the definition of unlicensed residential care facilities is incomprehensible as written and patently wrong and suggested possible changes. He further explained why he thinks it is illegal and cited excerpts from the California Code of Regulations. Edward Dilkes, representing Sober Living by the Sea, presented their opposition in writing. He stated they are fairly certain most of the moratorium is not enforceable, especially against licensed facilities. Sober Living by the Sea has been in the city for 20 years and has sought to participate in the process of this formulation and has been unable to do so except Volume 58 - Page 168 City of Newport Beach City Council Minutes May 30, 2007 by shoving its way through the door. He indicated Sober Living by the Sea's willingness to help if there are legitimate problems. They don't believe this extension or the ordinance contemplated will solve any of the problems, but rather focused code enforcement will help resolve the issues. Iie requested that the maps and charts from the original hearing be included as exhibits for this meeting as well. In response to a question by Council Member Webb, Mr. Dilkes stated the packet presented tonight is not profoundly different from what was originally submitted and apologized that it was not provided to Council sooner. He will ensure future documents are submitted in a timely manner to allow Council time to peruse them. Bob Rush stated that Sober Living by the Sea ha eer "Viven every opportunity to participate in the process. He expressed concern that;; taff was not taking advantage of extending the moratorium for the full 10 -1/2 months llo a as there are a number of areas that have not been adequately addressed. +'I Cynthia Koller concurred with Mr. Rush. ,,F6' inn doorstep and called Attorney Wolcott to;,question 1 on the peninsula. She recommended the morator time to fully research the matter and distribute th to get the true impact of what is happening Eo] surveys were left on her doorstep for her to di "stn direct, public affirmation and vet'f£ication that they would create potential conflicts 5,w, Mtboirpst with the will e-mail the Council tomorrow and &ko an ar ed that s "- eceived a survey on her it was onl ributed to five blocks be extended "M i2 months to allow ryey to all residents on the peninsula ng the call to Attorney Wolcott, 100 e. She asked the City Council for a ,,e no personal financial interests that isnonon group homes. She stated she r,within 72 hours. Council Member Gardner question''Ms whether she feels additional impacts would have beenit ;revealed had survey -- been distributed more widely. Ms. Koller responsed affirmatively and fe&s it was ludicrous to pass the survey out only to the first block. o P;th Street" lives on` be second block of 39th Street and is impacted daily (i.e., harassmenf`drugs m her side ya "having to walk to the beach differently). She stated all citizens18hould haul arn4pporGtYnity to voice their concerns. Cy - Attor u son explained the timing for the survey was to allow them to prepare the report to Coii'' Howeuer there is still plenty of time for anyone on the peninsula to 6mplete the su which can be a -mailed or obtained on the City's website. They are s in the process, oing -the survey for at least the next three weeks, and the information pan -rovided as - t of the public hearing process. In resp" to q tions by Council Member Webb, City Attorney Clausen clarified the " moratoriu i ,I ex now p e tended for u to 10 -1/2 months and then upon expiration (of x;if�i;�" either the recommended five -month or suggested 10 -1/2 -month period) could be extended for an additionaltyear. Council may elect to extend it longer, however, it is her recommendation to only extend it for a five -month period. During the moratorium, the ordinance will be finalized and, along with findings, presented to the Planning Commission at its second meeting in June. Depending upon their recommendations, it could be scheduled for another Planning Commission hearing or forwarded to the Council for consideration as early as July. This leaves the period from August to November to complete hearings. She noted that upon Council's final action, the moratorium will no longer be needed. Council Member Daigle questioned what the City's efforts will be in soliciting input from those that will be regulated by this ordinance and what steps can be taken for a more comprehensive information- gathering process. City Attorney Clausen stated that input will Volume 58 - Page 169 City of Newport Beach City Council Minutes May 30, 2007 V be welcomed and will be included in the report to the Planning Commission and Council. Denys Oberman advised it took approximately one year to pass the ordinance changes that occurred in 2004. She commended the City for attempting to resolve this issue as quickly as possible, however, concurs that five months is pretty aggressive. She stated the City does not seem to have a handle on current uses relative to the General Plan, particularly in Lido Island, Balboa Peninsula, Newport Heights and the surrounding area, and Corona del Mar, and that these areas will need to be revisted, as they are mischaracterized. She added the City will want to look carefully at its uses and incorporate a program for use management to regulate, manage, and integrate the uses. Marilyn Alexander expresssed concern with short -term r gitials dnd possible changes. Mayor Rosansky advised that short -term rentals have b !II,removed from the moratorium extension. City Attorney Clauson added they pr,__pose ring a draft of the short -term rental regulation changes to the June 26th Councftieetmg U' u input. 1 Motion by Council Member Webb to ad'opt'interi urgertcyroOrdinance No. 2007 -10 which extends the temporary moratorium on the establishment an eration of residential uses that are transitory in nature for fve (5) months and allows Moratorium on the issuance of new short -term lodging permits: expire: on:June 8, 2007._:.- The motion carried by the following roll call vote Ayes: Council Member Henn7tMb�ror,Pro Tem Sehch, Mayor Rosansky, Council Member Webb, Council Member Daiglt3, council Member Gardner Absent: Council Member Curry , 2. GROUP IDENTIAL USES 1111- CODE AMENDMENT INITIATION - ANAMEID'MI+r�NT TO LITLE 20 (Zi PT CODE) OF THE NBMC TO REVISE DEFINITIONSS iTS GLASSIF ND 1H.;, .'CATIONS, AND REGULATIONS RELATING TO G A)UP RESII)FNTIArUSE&,A STD SHORT TERM LODGINGS. 60IA, lford provided the staff report and advised that any code a changes require at least one public hearing before the and C i Council. Dick ols stateds comments pertain to amortization of nonconforming uses and cited excerpt m the alifornia Code of Regulations. He does not believe there should be any amortiza 'of n conforming uses, as unlicensed homes are breaking the law and should be penalizedl;. „" n off the rolls, and not be allowed to operate again. In response to an audience question, City Attorney Clauson explained this is not a proposed ordinance, but an initiation of code changes. Denys Oberman stated the ordinance is a good start; however, there are a number of areas that need to be addressed to satisfactorily regulate these uses consistent with the General Plan. She identified some key areas and stated they are prepared to collaborate with the City and others on this issue. In response to a question by Council Member Daigle, City Attorney Clauson stated use permits run with the land. Volume 58 - Page 170 City of Newport Beach City Council Minutes May 30, 2007 \V a VII. Motion, by Council .Member Webb to adopt Resolution No. 2007 -34 initiating amendments to Title 20 of the NBMC. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Curry PUBLIC COMMENTS - None ADJOURNMENT - 6:40 p.m. The agenda for the Adjourned Regular Meeting was posted os= MMy:;24, 2007, at 9:53 a.m. on the City Hall Bulletin Board located outside of the City of NewpoefBeachrlministration Building and on May 26, 2007, at 12:00 p.m. at 6101 Norwaldo Avenue,, Indidnapolis; :1)k ana. Volume 58 - Page 171