HomeMy WebLinkAbout01 - Minutes - 01-08-2008Agenda Item No. 1
January 22, 2008
CITY OF NEWPORT BEACH
City Council Minutes,
City Council Study Session
January 8, 2008 — 5:00 p.m
I. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, or Pro Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, il Member er
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSE CALENDAR.
Council Member Curry announced that a making an amendment to the Mayor's
Appointments (Item 17).
Council Member Webb announced that he a pulling Item 12 (Performance
Measurement System).
In response to Council Member enn's City At .ney Clauson announced that
the City Attorney's office has two rt -time u ttorneys and that Ms. Wolcott is
part of the 2008 Designated Emplo a List m 3).
City Manager Blud introduced Pu nformation Manager Tara Finnigan.
2. TITLE 17 R G IZATION; NCIL POLICY H -1 AND HARBOR DESIGN
Harbor Re ces lized a PowerPoint presentation to discuss the
reason for re ng i e highlighted the proposed Harbor Permit Council
Poli hdisc the harbor design criteria, displayed a flowchart of the coastal zone
i cess, iscussed the desired overall result.
Harbor Servic Supe Miller responded to questions relative to the design criteria,
cantilever patio I en eering calculations, dock construction, the notification process,
the future map g of tideland boundaries, and how people can access the new criteria.
He confirmed t t Title 17 brings the construction standards up -to -date and consistent
L ith the Depariment of Waterway's criteria. City Attorney Clauson explained the reason
ction 17. .10.J.
Mayor ftcrequested that standardized requirements for pilings be developed.
3. CAPITAL IMPROVEMENT PROGRAM PROGRESS TRACKING.
Administrative Manager Pollard utilized a PowerPoint presentation to explain the purpose
for Capital Improvement Projects (CIP), highlight the CIP trend and budget since 2001,
and demonstrate the CIP Map -Based Reporting prototype. She noted that Public Works
will still provide quarterly updates on existing projects. Mayor Pro Tem Daigle requested
that the reports include proposed and actual costs and start/completion dates.
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City of Newport Beach
Study Session
January 8, 2008
Public Works Director Badum and Administrative Manager Pollard responded to
questions relative to what types of information could be available on the CIP map -based
pages and the desire for a user and staff - friendly process. Council Member Henn
discussed protocol and the need to input information from material that is already entered
so that the updates to the web are not an additional effort for staff. Council Member Curry
suggested adding contact information and linking other City web pa s to this, i.e. OASIS
Senior Center webpage to the OASIS Senior Center project:
III. PUBLIC COAUM -None
IV. ADJOURNMENT - 5:56 p.nL
The agenda for the Study Session was posted on Janua , 2008, :50 p.m. on the City
Hall Bulletin Board located outside of the City ewport Be Administration
Building.
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 8, 2008 — 7:00 p.m
I. STUDY SESSION - 5:00 p.m
II. CLOSED SESSION - 6:00 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. 1
V. ROLL, CALL
Present: Council Member Henn, Councicil l er Rosansky, Mayor Pro Daigle, Mayor Selich,
Council Member Webb, Coun Me Curry, Council Member Gardner
VI. CLOSED SESSION REPORT ne
VII. PLEDGE OF ALLEGIANCE - nc her Cures,
XI:
Letters of reciat' n for Santis Fire CERT Responders - Fire Chief Lewis introduced
18 CERT volun rs a presented them ith Certificates of Appreciation.
Res NWe -Peg d Dan Marcheano, Newport Beach Restaurant
iati at the 2nd ual Newport Beach Restaurant Week will be from January
to Jaw wportbeachdining.com). 111 Marine Foundation donations will be
ccented ants ssist Marine families.
Mayor Pro Tem36aigle stated that automobile sales are generating $6 million in sales tax and that
the City recognizes their importance and will be working to facilitate sales growth.
Council Member Curry stated that there is a decline in sales and property tax in California and
requested a status report on revenues at an upcoming meeting to find out how the City is doing. He
also asked residents to participate in the 111 Memorial dedication on Memorial Day.
Mayor Selich announced that Speak Up Newport will have its monthly membership meeting at 5:00
p.m. at the Newport Beach Yacht Club, on Wednesday, January 9, with a presentation by AirFair
that will discuss the expansion of John Wayne Airport (JWA).
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January 8, 2008
XII. CONSENT CALENDAR
A. READING OF_AHNUTESIORDINANCES AND RESOLUTIONN
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF
DECEMBER 11, 2007 AND SPECIAL MEETING OF DECEMBER 18, 2007.
[100-20081 Waive reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under considerate, and direct City Clerk to read by
title only.
B. RESOL_ ITf IDNS.FOR_ADOPTIOIV
k
3. RESOLUTION UPDATING THE T O' SIGNATED EMPLOYEES FOR
2008 UNDER THE CITY S C LICT O TEREST CODE. [100 -20081
Adopt Resolution No. 2008 -1 a ting the 2008 De ated Employees List.
C. CONTRACTS AND AGREEME S
5. APPROVAL OF AME NO. 1 TO PROF IONAL SERVICES
AGREEMENT WITH HARD EDMONSTON FOR PROJECT
MANAGEMEN . SERVICES 918). [38110040081 a) Approve Amendment
No. 1 to Probes Services Agr ent with Richard Edmonston of Huntington
Beach for project a ent at a n exceed price of $26,000 and authorize the
Mayor and the C Cle execute' Agreement; and b) approve a budget
amendment (08B 03 3) tra g $ ;000 from salary savings in the
Tran rtation an Dev pmen ces Division (5200 -7000) to the
Tr tation and a pment Services Division Services Professional and
Techni Account 52 80.
6. SANT ANA HEIGH FIRE STATION NO. 7 - COMPLETION AND
AT' E E OF CO RACT (C- 3626). [38/100 -20081 a) Accept the work; b)
4 aut t e a Notice of Completion; c) authorize the City Clerk to
We a Labor an terials bond 35 days after the Notice of Completion has
b rec d in accordance with applicable portions of the Civil Code; and d)
rel a the hful Performance Bond one year after Council acceptance.
7. NE ORT OAST COMMUNITY CENTER - COMPLETION AND
ACC TANCE OF CONTRACT (C- 3577). [381100 -20081 a) Accept the work; b)
,fin, auth ize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to
"a;;;, rele a the Labor and Materials bond 35 days after the Notice of Completion has
< ,-,,,,beer recorded in accordance with applicable portions of the Civil Code; and d)
rase the Faithful Performance Bond one year after Council acceptance.
8. COUNTY OF ORANGE CITY AID PROGRAM AGREEMENT FOR FISCAL
YEAR 2008 -09 (C- 4010). [381100 -20081 Execute the proposed agreement between
the County of Orange and the City of Newport Beach as required for participation in
the County's Proposition 42 City Aid Program and authorize the Mayor and City
Clerk to execute the agreement.
9. SUPERIOR AVENUE STREET REHABILITATION - AWARD OF
CONTRACT (C- 3869). [381100 -20081 a) Approve the project plans and
specifications; b) award contract to All American Asphalt for the total bid price of
$862,862, and authorize the Mayor and City Clerk to execute the contract; and c)
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City Council Minutes
January 8, 2008
establish an amount of $86,000 to cover the cost of unforeseen work.
10. TENNIS COURT FENCING REPLACEMENT - AWARD OF CONTRACT (C-
3947). [381100 -2008) a) Approve the project plans and specifications; b) award
contract to Harris Steel Fence Co. for the total bid price of $65,225.94, and authorize
the Mayor and City Clerk to execute the contract; and c) establish an amount of
$6,500 to cover the cost of unforeseen work.
11. AGREEMENT WITH CENTRAL COAST SURFACE GRINDING, INC. FOR
ON -CALL SIDEWALK GRINDING SE CES (C- 4011)- [381100 -2008)
Approve the agreement with Central Coa urface Grinding, Inc. for sidewalk
grinding services on an on -call basis.
13. APPROVAL OF PROFESSION E CE AGREEMENT WITH DUKE'S
ROOT CONTROL, INC. FO OOT C ROL SERVICES OF 112,000
LINEAR FEET OF SEWS LINE (C-401 [38/100 -2008) a) Approve a
Professional Services Agree t wi h Duke's Root trol, Inc. for root foaming of
112,000 linear feet of sew ne a arious locations ughout the City for anot-
to- exceed .price of $76,, .00; b) authorize the M and the City Clerk to
execute the agreement.
D. MISCELLANEOUS_
14. BUDGET AM NT TO A PT A CHECK FROM THE MARTHA
JANE FLEE R UST APPROPRIATE FUNDS FOR
MAINTENANCE ND O - IONS GET FOR FY 2007/08. [100 -2008]
Approve a budget aihendme 5) increase revenue estimates by $12,000
in; dint No 401 90 rivate tions and Contributions) and to increase
)-
eipen ure appropri sin 4017 -9006 (Software Licenses) by the same amount
"due to tie second rece of funds from the Martha J. Fleener Trust.
15 UBY AVEN UV, - ENCROACHMENT OF NONSTANDARD
I S IN VIE PUBLIC RIGHT -OF -WAY (N2007 -0488). [100 -
200 v, pp rove Nijent IV Properties' request for approval of existing non -
dar croachments, which include, but are not limited to, 21'6" wide by 6' 11"
rollin ate with door passage in gate, gate track, upright support, and
app tenan ithin the public right of- -way adjacent to the property located at 226
Rub Avenue' ong the. Balboa Avenue frontage, and direct staff to prepare an
encr chment agreement and permit for the non - standard improvements in the
pub right -of -way adjacent to 226 Ruby Avenue along the Balboa Avenue frontage,
if tl property owner also obtains approval of a modification permit to allow the
`�`;;,, imovements to encroach into the required setback.
16. CCEPTANCE OF FUNDS AND AUTHORIZATION TO PURCHASE A
POLICE -SERVICE DOG (PSD). [100 -2008) a) Approve a budget amendment
(08BA -037) to accept a restricted public donation in the amount of $15,000 into
Police Donations Account #020 -22571 and increase revenue estimates by this
amount; and b) authorize an appropriation of $15,000 to Patrol Equipment, NOC
Account #1830 -8211 and approve the expenditure of funds to purchase one Police
Service Dog (PSD) from Adlerhorst.International.
S21. REORGANIZATION OF PLANNING DEPARTMENT. [100 -2008) a) Approve
the reorganization of the Planning Department by deleting two Senior Planner
positions and adding a Planning Manager position and a Principal Planner position;
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January 8, 2008
and b) approve a budget amendment (08BA -039) transferring $16,595.00 from the
unappropriated General Fund reserve to the Planning Department's salary and
benefits Account No. 2710 -7000.
S22. MARINERS PARK LIBRARY AND RESTROOM DEMOLITION -
COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3864). [381.100 -20081
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 acco dance with applicable portions of
the Civil Code; and d) release the Faithful Pe mane Bond 1 year after Council
acceptance. Council Member Webb absta' d on this item
Motion by Maeor_Pro Te It to approve the Co t Calendar, except those items removed
(4, 12, & 17); and noting the abstention of Council M er on Item S22.
The motion carried by the following roll call vote,; .
Ayes: Council Member Henn, Council Member R nsky, Mayor P em Daigle, Mayor Selich,
Council Member Webb, Council Me ber C Council Member ner
3UH. ITEMS REMOVED FROM THE CONS E ALENDAR
x
4. RESOLUTION FOR KTREET NG PARKING RESTRICTIONS IN THE
WEST SANTA ANA H TS COMMU [100 -20081
Council Member Gardner i`eques ' e ort w shows the areas of the City that do not
receive street sweeping.
Ted Bosle sted that Cotncilnsider con ting street sweeping on two different days
in Sant a H ghts to allow' ' par during street sweeping days.
of
City ager Bludau suggesfed continuing the item to the next meeting to review
this issue
a il. -'; ` Me6ei rdner to crontinue this item to the anuary 22 meeting,
The motio rrie the following roll call vote:
Ayes: Coun Membe enn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich,' ouncil Member Webb, Council Member Curry, Council Member Gardner
12. RFOR CE MEASUREMENT SYSTEM - AWARD OF CONTRACT (C 4012).
Coun ember Webb provided a handout relative to his concerns about the cost,
the amditnt of staff time involved, and the structure for lower level staff members. He
requested that the item be continued for two weeks to allow Council further discussion at
the Saturday Council Priority meeting.
Council Member Henn stated that there is nothing new associated with the contract and
believed that there is no .reason for a delay because some of Council Member Webb's
concerns will be answered as the process unfolds. He noted that staff will be involved in the
process and the benefits will outway the administrative cost.
In response to Council questions, City Manager Bludau agreed that issues will unfold as
they go through the process and stated that the Finance Committee will make
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January 8, 2008
recommendations to Council in terms of which services to benchmark. He stated that the
amount of time needed for the project will have to be discussed and emphasized that the
amount of time used will depend on the amount of benchmarking and if the City uses phases
for the structuring.
Doloris Otting applauded Council Member Webb for his interest in getting answers to his
questions.
Motion by_Council Member Webb to continue the it
The motion failed by the following roll call vote:
Ayes: Council Member Rosansky, Council Memb el
Noes: Council Member Henn, Mayor Pro Tem ig
In response to Council questions, City anger Blud
decide on which services to benchmari capture data,
measure itself against other cities. ,,.,'- -.
Council Member Curry believed
and that the mission is to provide a
Doloris Otting believed C this item
discussed.
to the January 22 meeting.
Council Member Gardner
or Selich, Council Member Curry
measurement system is
quality of standards.
that the City will need to
come up with a system to
not a cost,
be continued so the group homes issue can be
Doug Gibson believed tha Coun d have %scussed the group homes issue first in
fairness to the residents in tendanc
Motion,. nil Memb r enn to a) re in the services of ICMA (International
City /C ty M agement As tion) to implement a Performance Measurement System.
fort City of ewport Beach; ) direct the City Manager to execute the contract; and c)
approve ;.Gen al Fund bu [geti mendment (08BA -036) in the amount of $107,000 from
The m by the following roll call vote
Ayes: Cou Me Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosan Coun Member Daigle, Council Member Gardner
Noes: Coun ' Member ebb
17. POINT
NT BY THE MAYOR TO THE COUNCILICITIZENS AD HOC
MITT S, THE JOINT GOVERNMENTAL COMMITTEES, AND THE
Cl N VISORY COMMITTEES. [100 -2008)
Council ember Curry stated that the Administrative Services Deputy Director is a
member of the 111 Memorial Committee.
Bob Rush stated that the Ad Hoc Committee for Group Homes should not include Council
Member Rosansky because of his alleged contractual relationship.
In response to Doloris Otting's question, City Attorney Clauson noted that not all ad hoc
committee meetings are open to the public.
Gerri Shapiro emphasized that residents in attendance want to discuss the group homes
issue and nothing else on the agenda.
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City Council Minutes
January 8, 2008
Motion. by Council Member. Curry to confirm the appointments outlined in the staff
report and add the Admininstrative Services Deputy Director to the 111 Memorial
Committee.
Council Member Rosansky defended his position relative to allegations concerning group
homes.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Cur Mayor Pro Tern Selich, Mayor
Rosansky, Council Member Webb, Council Me r Daigle, Council Member Gardner
XIV. PUBLIC HEARINGS
18. BAYSIDE RESIDENTIAL PLANNED MU (PA2007 -166) - 919 BAYSIDE
DRIVE - PLANNED COMMUNITY D LOPME LAN AMENDMENT NO. 2007-
004 AND AMENDMENT TO NE RT TRACT O. 2004 -001 (TENTATIVE
TRACT MAP NO. 15323). (IRMq 231.1 "081
Council Member Gardner note t staff report refers to t niform Building Code
(UBC), but should be changed to alifornia Building Code (I ). She also requested
that paving in the community be done light color for temperature control.
Motion. by, Council "r Webb to : adopt Resolution No. 2008 -2 approving the
amendment and of Newp C. ap No. 2 001; and b) introduce Ordinance No. 2008 -
1 approving Planned Com unity ment Amendment No. 2007 -004, and pass to
second reading on January 2008.
The moti ^, ed by the foll roll call vote:
OF
Ayes ouncil Member Henn, until Member Curry, Mayor Pro Tern Selich, Mayor
ansky" Council Membe Webb, Council Member Daigle, Council Member Gardner
19. 1 EEATIO COUNCIL' POLICY H -1 AND HARBOR DESIGN
Council ber announced that Council heard a presentation relative to this during
the Study ion.
Motion _b until Member Webb to a) introduce Ordinance No. 2008 -2 amending Title
§71 of the C to completely reorganize the Title with minor revisions throughout; b)
oduce O 008 -3 that relocates Section 17.28.045 (Vehicle Restrictions on
Pier and Plazas) to Section 11.08.090; c) introduce Ordinance .No. 2008 -4 that
c ction 17.28.060 (Skateboards) to Section. 12.57.22; d) pass the three ordinances
to seco reading on January 22, 2008; e) amend Council Policy H -1 (Harbor Permit Policy)
to relocate most passages into Title 17; and i) amend the Waterfront Project Guidelines and
Standards - Harbor Design Criteria: Commercial and Residential Facilities to update to
current construction standards and designs.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tern Selich, Mayor Rosansky, Council Member
Webb; Council Member Daigle, Council Member Gardner
Absent: Council Member Curry
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City Council Minutes
January 8, 2008
20. ORDINANCE AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATING
TO GROUP RESIDENTIAL USES AND REPEALING THE TEMPORARY
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE. [100 -2008)
Assistant City Manager Kiff provided a PowerPoint presentation that included the summary
of actions to date, how the process will work, suggested changes, the timeline and the
proposed new language for Section 20.91A.060.D3 of the Newport Beach Municipal Code.
Jamey Markman, Special Legal Counsel, stated that t roposed new language for Section
20.91A:060.D3 is a standard of guidance for the Hea ' Officer and the proposed Ordinance
gives a clearer understanding of "concentration
Michael Tidus addressed specific provision t rdinance, particularly the 1000 foot
guideline, and read Federal and State elines p ining to over concentration. He
stated that residential group homes w nd have impa d the Peninsula, and recovering
alcoholics should not be recovering r bars. He sugges hat an accurate bed count be
rn t th
conducted and expressed concee oinance does not ess the over concentration
of group homes in Newport Bea
1V
Denys Oberman, Concerned Citize f Newport Beach (CCNB), requested that the 1000
foot separation be considered and the ; be a dispersement of group homes. She believed
that the 90 day period ply for a use mit is excessive and that 30 days is adequate.
She provided suggestion a Hearing cer's qualifications and requested that Mr.
Markman be retained fo 'a contra She expressed appreciation to Council
for their efforts but indica that sta s and mmitment to enforcement is needed.
Edward Di]lys.;-e lttorney for ber g by a ( SLBTS), noted corrections to the letter
he prese# dd to,�iight. He sta at, according to the Fair Housing Act, the City does not
have ,f authority to deal over concentration. He encouraged the City to use code
enfoent instead of a global lution that may be illegal. He stated that SLBTS has an
W" 1.
extensive �platit3uship program a spends $1 million in the City.
will entail a long procedure and suggested hiring Mr.
Officer.
Max Liskinelieved at Council has worked hard and that SLBTS' outreach is not for the
community.
[cGre6r stated that there are six group homes in Santa Ana Heights and, as a safety
he re6onds to them all the time.
Crai at "' stated that Ordinance No. 2004 -16 did not prohibit new group homes in
Newpo each and now there are 600 to 1000 beds. He expressed concern about the
ordina e's ability to keep everything under control. He noted that the group homes are
advertising its facilities as vacation rehabilitation destinations.
Robert Hawley and Cary Lowe addressed Council about their office building at 3355 Via
Lido which will be affected by the ordinance.
Ted Bosley expressed concern with the actions of group home facilities and how they
operate.
Latina Ginegar believed that the community is ruined by group homes and expressed
support for the ordinance. She noted that the residents have a right to take back their City
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January 8, 2008
and asked Council for help.
Nikki Rep stated that it is important to have standards and believed that the 1000 foot
separation is reasonable.
Laura Curran clarified her concerns about parking restrictions and asked that there be no
grandfathering of nonconforming uses. She indicated that the term "adequate parking"
needs to be clarified.
Moustafah Solamez believed that the language in a ordinance is vague and code
enforcement is weak and inadequate.
Dick Nichols urged Council to adopt the ordina as part of the municipal code and stated
that the California Code of Regulations (CCR n e Health and Safety Codes call out for
licensing of 24 hour non - residential medic cilities.
Allan Beek, Secretary of SPON, indica that group home ues are not only a concern for
the waterfront communities, but thpol tire t ty.
David Diamond indicated that ew =rdinance should include 1000 foot separation.
He questioned the methods to ex a period before abatement nd why there is a non-
abatement period of 10 years in non -re ential areas.
Willis Longyear stated ere is no ' ation about abatement of existing facilities in
the ordinance. He state ° of the gro owes are non - licensed facilities and asked
that the granting of liven s be ent u conditions. He also believed that there
should be a no grandfatheri g clause non- nsed facilities be abated in 30 days.
CyntVa44,questioned w native sent sing was not addressed in the ordinance.
She that she made n ous attempts to get anon- licensed group home removed
community, a opposed the ordinance and expressed
her di asurewith Council Meber Henn
},h ., 1 )
orrisR ed a17Fh E3ear. g Officer's salary, who will pay the salary, and about the
qu ons a believe �a vote may be needed. She questioned if other cities have
this typ ordince in place and emphasized that relief is needed now. She urged Council
to enact se tandatdk.
Corso Gibs expressed concern about the distance between facilities and asked if group
homes need medical licensed doctor on site.
V5oris Otti r read and presented Section 10.505.of the Alcohol and Drug Programs (ADP)
an eliev that enforcement could be better. She requested that the City work with
legisl She indicated that the ordinance grandfathers group homes and believed that
45 day o apply for a license is adequate.
Ed Vandenbosch referenced Attachment B and suggested including subjective criteria for
the Hearing Officer and an accounting firm.
Ken Kuhlmann believed that the Police Department has different policies for rehabilitation
home calls and are not properly reporting the calls.
Louise Fundenberg expressed gratitude to Council for the ordinance.
Josh Asking clarified that 3355 Via Lido is not a group home and is strictly a commercial
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January 8, 2008
office building.
Jim Miller stated that school children have to walk passed the group homes and Northern
California parolees are being sent to this City.
Darlene Kulhmann stated that, if homes are used for disabled residents, they should be
properly equipped.
Jan Vandersloot expressed concern about group homes and encouraged Council to include
the 1000 foot separation since the language /arr". too much concentration of group
homes in the community.
David Mishagan questioned the role of the fficer when enforcing secondhand
smoke and the term "changing neighborhood K, He asked Council if a community
can petition against a group home. o
Assistant City Manager Kiff and
can't make arbitrary decisions
facility to provide offstreet par
Association (APA) has standar
CCNB last year. They.indicate
information to back it. They in
are not eligible to ive a
They indicated that it `
provide care. They also la
from. voting on the ordin if t
for the Hearing Officer will" br
be decided until, not b the
Hearin ffi 's salary.
acco odate eelchairs unl
vah and .,, a issues can: b
abateme ext mi has been in
order to s
existing @
back and
issue.
Sped Counsel Markin tated that the Hearing Officer
OwAhe ping situation can deny or condition a
g They- informed residents the American Planning
d at these standards we st brought up by the
d t ", the 1000 foot separation doesn't have any written
dicatec�at, if a .group home violates the moratorium, they
license +wand the license can be revoked if, misused.
1 to operan unlicensed facility, as long as they do not
hat Coun ember Rosansky would have to abstain
he a rezo issue. They stated that qualifications
oug Co cil Policy and the recovery of costs will
inane. Markman suggested that the City pay the
stated that residential facilities are not required to
the person residing there is disabled, the ordinance can be
dealt with on an administrative level. He noted that the
he ordinances and that 90 days for the application period
of time.
enn indicated _that he has spent a lot of time on group homes issues in
best possible. resolution and acknowledged the adverse impacts of the
ae " e emphasized that the intent of the ordinance is to reclaim the City
out t the ordinance is a groundbreaking response to the, group homes.
t er Curry commended Council Member Henn on his tenacity. He stated that
e neighborhoods and agreed that the 2004 ordinance did not help control the
roup homes in the City. He wished that the facilities and residents can come to
and commended the residents for their diligence.
Motion by Council Member Gardner to a) introduce Ordinance No.. 2008 -5 relating to
Group Residential Uses and the repeal of the Temporary Moratorium on New Residential
Uses that are Transitory in Nature; b) revising Section 20.91A.060.D3 to add the calculable
median and average block lengths in Newport Beach; c) deleting a diagram that describes a
block; d) state that the CEQA findings shall refer to two exemptions - the General Rule
Exemption and the Exemption regarding Minor Alterations in Land Use; e) pass to a second
reading on Tuesday January 22, 2008; and ])bring back a Council Policy on Tuesday,
January 22, 2008, establishing the qualifications for the Hearing Officers.
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January 8, 2008
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XV. PUBLIC COM_M ENTS
Craig Sheets stated that there are methamphetamine laboratories in the hills
Allan Beek believed that a City Hall in Newport Center will nerate traffic and requested that
residents vote no on Measure B.
Doloris Otting requested something in writing from the C' Attorney's Office that substantiates Dr.
Nelson's comments about dermal absorption of fluoride
Hugh Logan expressed his concerns relative raffic if Hall is moved to the park site
and believed that Measure B is a bad idea. �,— .
Jan Vandersloot requested that residen ote no ' Measure B and b ved that City Hall should
remain at its current location or be plac ' the art of Newport Center_
Karen Tringali believed that, if Measure B is roved, it will set the City up for costly elections in
the future. She asked residents to vote no on Me ure B.
XVI. ORAL REPORTS FROM CITi' IL ON CO ITTEE ACTIVITIES -None
XVII. MOTION FOR RECONSIDERATION - No
XVIII. ADJOURNMENT -jLdiourned at 1,;;88 PA in meAVIRv or Jim Dickson.
The agenda the R gular Meet was posted on January 8, 2008, at 4:50 p.m. on the
City Hall B etin B rd located outside of the City of Newport Beach Administration
Building. The ppinental agendaor the Regular Meeting was posted on January 4,
2008, at 2:10 p. Hall Buetin Board located outside of the City of Newport
Bea ra BuilcTinL
City Clerk
Recording Secretary
Mayor
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City Council Minutes
Adjourned Regular Meeting
January 12, 2008 — 8:30 a.m.
I.
II. ROLL CALL
Present: Council Member Henn, Council Member Ro ky, Mayor.Pro Daigle, Mayor
Selich, Council Member Curry, Council Memb arer
Excused: Council Member Webb
Council Member Webb arrived at 8:40 a.m.
III. PLEDGE. OF ALLEGIANCE - Council MembLOF
IV. CURRENT BUSINESS
1. DISCUSSION AND ESTABL OU N RIORITIES [NO WRITTEN
REPORT].
Mayor Selich explained how the ority was a oped by Council and provided a
chart of.the priorities and a hando of 1 year's /ongoing priorities. He emphasized that
the focus is on achi able priorities orities that can have reachable milestones. He
noted that pno e John Way Airport (JWA), are ongoing priorities and should be
categorized as ch. a noted that an utside facilitator is in attendance to assist with the
meeting.
Phil Batclie n &, provided his background, reported that he has
been working a Finance NOttee on the benchmarking survey, and that the early
feed m the ey is positive. He suggested that Council 1) focus on what the City
a ish b end of 2008, 2) determine if the priorities are financially feasible,
nd 3) dete the be ethod for accountability.
Without ob.ecti City Manager Bludau recommended placing half the priorities on the
agenda for a sta s report one month and the other half the next month.
iscussion ens d relative to assigning a Council Member to each of the priorities and
g the Ci Manager assign a staff member. It was emphasized that assigning the
prio doe not exclude the remaining Council Members from participating and that
Counc' of be directing staff relative to the priority.
Administrative Services Director Danner displayed and distributed the updated Facility
Replacement Planning Chart. City Manager Bludau noted that the City Hall cost is based
on building at the current site and includes a parking structure. Public Works Director
Badum reviewed the potential costs for a new police station, fire stations, libraries, and
park developments. Fire Chief Lewis indicated that there is not a critical need for a fire
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City of Newport Beach
Adjourned Regular Meeting Minutes
January 12, 2008
station at Banning Ranch since Costa Mesa currently responds to that area.
It was the consensus of Council to forward information to both the Finance Committee and
Building Committee. City Manager Bludau indicated that the projects can be brought
back during, the Capital Improvement Program (CIP) process. Council Member Webb
noted that the chart updates the Master Plan, which are General Fund projects, and
explained that CIP funding comes from different funding sources-ilmr. Batchelor noted
that Council will need to receive recommendations from staff an at the projects listed
can be funded without jeopardizing the City's rating, debt ratio, .
Council noted that the February 5 election will assist wit a direction of the new City
Hall. In addition to the site above the Central Library, a ntial sites include the
existing City Hall site, the OCTA site, and The Irvine mpany s It was recommended
that an architecture committee be created for the all project. Manager Bludau
noted that the study conducted three years ago ne s to be updated.
Re i ential..{rroup Homes
Assistant City Manager Kiff provided a
night's Council meeting. He noted that sta
the hearing officer qualifications and an est
process. Council noted that the costs will not
of the ad hoe committee should amended tc
ensued relative to the letter Livia
Policy.
Council requested that the City se out
issue. Further, Council requested at tl
code violations and that a report
efforts need to be ' 1411hased.
Ww of Council actions taken at Tuesday
be bringing a policy to Council relative to
of the time and costs involved m the
c litigation costs and that the purpose
clud g officer selection. Discussion
By The regarding the Good Neighbor
cation ut what the City is doing on this
r keep a log of how the City is handling all
to Council on whether code enforcement
funds
Discussion ensuEO relative to creating a fund dedicated for dredging.
Selichecessed the meeting at 10:10 a.m. and reconvened the meeting at
m. witJ all members of Council in attendance.
Mr. Batchelor reported that 1,800 surveys were sent out and discussed future telephone
surveys with the development and business communities. He stated that the report will be
presented to the Finance Committee on February 1 and to Council on February 12. He
reviewed how ICMA will utilize the benchmarking report and discussed the organization
assessment.
Discussion ensued relative to how much staff time may be involved and the need for
organizational buy in. Mr. Batchelor indicated that many of Council Member Webb's
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City of Newport Beach
Adjourned Regular Meeting Minutes
January 12, 2008
questions from Tuesday's Council meeting will be answered after the report is presented to
Council.
Banning Ranch
Mayor Selich discussed the two options in the General Plan and the desire to have an
appraisal conducted by the end of the year once Council de '
Go
a es parameters and
assumptions. Council Member Gardner discussed conduc asibility study of the
open space, and finding funding or having the property be bo development and open
space. She emphasized the need to get all interested parties gether. Regarding timing,
it was noted that Banning Ranch is in the General PlanNat owner can make the .
property developmentlopen space if he found funding City did. Discussion
ensued relative to finding funding sources, i.e. Proposi '
raffic
Public Works Director Badum discusseKMaPlan. nal synchronizatio gram, the
status of the program, and the expectat that the portions that should be
implemented first are at Mariners Mile a uel/Avocado/McArthur area.
Council asked how and when the 18 impns will be handled, and requested
that these intersections be included in lan. It was noted that, with the
Governor closing some beach es, a City itors and traffic problems:
Energy Efficiency
Council Member Gardner discus &d condu g -aRRWrgy audit of City facilities and
possibly .creating guidelines, not%mandfls, relative to commercial and residential
buildings. City Manager Bludau ed current energy conservation efforts and the
possibility of buil ' n energy effic City Hall.
City Attorne Claus noted that de lopers will soon be required to follow the green
philosophy ut this ay probably be b r handled through a policy.
It was the co -o-rr6u`n'8W4tW include this as a priority but continue the current
Mr. Batchelor i -cated th the City Manager will bring a report to Council on February
12 relative to ay's priorities, but noted that the report will also include the five
priorities from 1 st year. Council emphasized that the priorities from last year are still
priorities and a ongoing.
Do Otti recommended including the five priorities from last year on the list,
reques i rmation about what will happen to the current site if City Hall is relocated,
recomm d placing a police substation on the Peninsula, expressed concern about the
tier wate rate system, and believed that trash service should not be contracted out.
Melinda Seely suggested hiring someone to work on airport issues.
Dennis Baker emphasized the economic value of having clean water and a clean Bay. He
believed that an appraisal of Banning Ranch was discussed, not a feasibility study. He
supported conducting an energy audit, suggested creating an incentive program, and
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City of Newport Beach
Adjourned Regular.Meeting Minutes
January 12, 2008
V
W
supported providing builders with environmental guidelines.
Jan Vandersloot suggested working with or hiring entities that already have knowledge
about acquiring land like Banning Ranch. He expressed support for investigating whether
Proposition 84 funds are available for Banning Ranch, the tier water rate system, and
the groundwater replenishment system. He suggested that the City purchase Toyota
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