HomeMy WebLinkAbout01 - Minutes - 01-22-2008Agenda Item 111
February 12, 2008
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
January 22, 2008 — 4:00 p.m
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem 'gle, Mayor Selich, Council Member
Webb, Council Member Curry, Council mb' ardner
Excused: Council Member Rosansky
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEkdON T CONSENT CAL AR
In response to Mayor Pro Tem
Item 14 (Concession at Corona
will include a break&Wn of con
2. WATER QUALITY
Assistant City Manag
different ater quality
grant that are
City Mans
will be di
6 the next
%les question, City ManageBludau stated that
r), will be continued to a future agenda which
ssio s applications.
a Po'w Point presentation to explain the
>Ulikely ncern, programs that are underway,
and ant funding.
Bludau's concern, Assistant City Manager Kiff stated
d by the total maximum daily load (TMDL) to reach a
Lit term.
on Mayor Pr-8AW Daigle's question, Assistant City Manager Kiff stated
that )Ba x ive Watershed Committee is reviewing the Integrated Regional
Wateage t Plan (IRWMP) for grants.
Counember rdner reported that the Newport Bay Executive Committee
suppa Serrano Creek restoration because it is a major contributor of sediment
to th
until ember Curry stated that Measure M provides two million dollars for
r remediation from highway and transportation projects and are still
dev ping critera for how they will allocate the funds. He indicated that the City
should reduce upstream runoff by revitalizing the legislative committee and work
with Congressman Campbell's office for a comprehensive strategy, which may
include creating a joint powers authority with some of the upstream partners so
improvements can be financed on a interim basis through the JPA until funding
from the federal government can come through.
In response to City Manager Bludau's question, Assistant City Manager Kiff stated
that the City's regional board is less aggressive in regulating storm waters and dry
weather flows.
In response to Council questions, Assistant City Manager Kiff stated that a member
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City of Newport Beach
Study Session
January 22, 2008
of the Coastal Bay Water Quality Committee in San Clemente brought forward a
concept that asked their voters to accept a monthly increase that is dedicated
towards water quality, street sweeping, and the catch basin. The fees are not
feasible in this City because the general fund is used to cover the cost. He indicated
that Council can expect to have a spreadsheet of the different grant programs as a
part of the water quality master plan. The subcommittee will meet in two weeks
and then it will go to the full committee and expected to be brought back to Council
in March.
Council Member Gardner indicated that more studies are needed before
concluding that storm water is damaging to sea .
3. PROTOCOL WITH CALTRANS PROJE IN THE CITY
Public Works Director Badum expla' that the ' y and Caltrans have agreed to
meet on a quarterly basis to disc Restrictions of k hours, signage, prohibition
of work on certain days, and no ' cati by the con r to dispatch. He stated
that the City has agreed to �re ' nta and busine of street closures. He
believed that the City d ider taking contol ast Highway from
Jamboree to Newport Blvd., now under Caltrans contr
question, Public Works Director Badum
information on the signs, but he agreed
Eght be helpful to allow drivers to take
ddon, Public Works Director Badum
cooperating with the City by moving
espons to Council ber Henn's question, Public Works Director Badum
sta th the City an Caltrans traffic signals are coordinated but not
sync ed that e City's current system is not compatible enough to
rface he Caltr t e new system is.
-;p..
Coup em Webb explained that the City needs to acquire Coast Highway from
Jambo to Ne rt Boulevard and repair work needs to be done at night time for
the con ence o e residents and to improve traffic circulation.
City Mager Bludau reminded Council that the City's underground utility project
and Caltdans repaving projects might run at the same time. Public Works Director
$adum dicated that most of the utility work will be done on side streets and they
=deadline. the dates for the work if Assessment District 92 passes due to a grant
furig deadline. He stated that coordination with Caltrans is very important to
the completion of the project.
In response to Mayor Selich's question, Public Works Director Badum stated that
Council can negotiate with Caltrans about the City taking over the bridge over the
Bay. The transfer can be approved by the California Transportation Committee
(CTC) but he is not sure if it needs to go through state legislations. He indicated
that this City is one of the last Cities to get paid to take over Coast Highway.
Council Member Webb stated that the City can take over the bridge on Finley, the
channel bridge, and Arches bridge, but needs to consider the consequences of major
failure. He also stated that there is piping work to be done that goes across the
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City of Newport Beach
Study Session
January 22, 2008
highway and Council might want to consider night time .construction. He
emphasized the amount of work that is needed and noted that the work will be done
in phases.
III. PUBLIC COMMENTS - None
1V. ADJOURNMENT - 4:50 p.m.
The agenda for the Study Session was posted on January 16, 2008, at 4:00 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Bch Administration Building.
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 22, 2008 — 7:00 p.m.
I.
STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 4:50 p.m
III. RECESS
IV. RECONVENED AT 7:00 _P_.M. FOR REGULAR ME IN
V. ROLL CALL
Present: Council Member Henn, Council Member ky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member C until Member Gardner
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Counci e
VIII. INVOCATION -Jim de Boom, Newpor esa Ir a Int th Council
D{. PRESENTATIONS
Orange County H n Relations mmission Presentation of Certificate of
Recognition and ual , sport - Pat Kr e, Orange County Human Relations Commission
Chairperson, dis ed rece activitiea, provi the City with the annual report, and presented
Mayor Selich with ifi co 'tion.
Check Presentation the Friends of the Newport Beach Library - Marty Flank,
Friends o ort Library President, presented the Mayor and Library Services
Mana arren wi bee ks total $20,100.
P entation of Chec to 1/1 A ption Fund from Newport Harbor Republican Women -
ores Otting, Newpo arbor Republican Women President, introduced members in attendance
a resented Mayor ch and 1/1 Marine Committee Chair /Deputy Administrative Services
Dire Kurth with a c ck for $5,415.
Richard rs Pr entation of Petitions for Upper Bay Dredging - Richard Luehrs,
Newport Bea er of Commerce President, presented petitions to Mayor Selich and reported
that the Chain ewsletter includes updates relative to dredging. Chris Palmer, Legislative
Aide to Congre man Campbell, discussed dredging funding and reaffirmed Congressman
Campbell's support.
National Blood Donor Month Proclamation - Mayor Selich read the proclamation and
presented it to Susan Patton of the American Red Cross.
x NOTICE TO THE PUBLIC
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City Council Minutes
January 22, 2008
XI. CITY COUNCIL__A O NCEMENTS OR MATTERS WHICH .COUNCIL MEMBERS.
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,_ ACTION OR
REPORT_MQIN- D- ISCUSSION ITEM):
Council Member Henn noted that the Municipal Code is enforced vigorously and reported on the
City's annual enforcement actions.
Council Member Rosansky reported that he attended the Christmas Boa arade awards dinner
last Friday, attended the League of California Cities meeting about tw eeks ago in which they
discussed group homes issues, and announced that Restaurant Week i s week.
Mayor Pro Tem Daigle discussed dredging efforts and possible so nd stated that the City
is committed to making dredging happen this year.
Council Member Gardner reported that all of the City's pu streets are swep regular basis.
Council Member Curry encouraged the public to parti ' to ' staurant Week.
Council Member Webb discussed the progress at tJ&ftnviVfiixnentaI Nature Center and stated that
it is scheduled to open in May. He also repo the Orange County Sanitation District
(OCSD) will be having the dedication ceremony for Groundwater Replenishment System on
Friday and that the OCSD will be discussing a possible r . crease tomorrow.
Mayor Selich discussed a visit from 23 Fe, Argentinean ents to City Hall last Friday.
XII. CONSENT CALENDAR
A. READING OFMTNUTF.S/ORDI N['F.S n.R UTIONS
1. MINUTES OF THE ADJ D REGULAR MEETING AND REGULAR
MEETI JANUAR 2008, AND THE ADJOURNED REGULAR
MEET G JANUAR 2, 2008. [100 -2008] Waive reading of subject
min a, app ve as written an order filed.
2. RE NG ANC + AND RESOLUTIONS. Waive reading in full of
all or s an res under consideration, and direct City Clerk to read
3.
BAYSI RESIDENTIAL PLANNED COMMUNITY (PA2007 -166) - 919
BAYSI
DRIVE
- PLANNED COMMUNITY DEVELOPMENT PLAN
AME
NT NO.
2007 -004 AND AMENDMENT TO NEWPORT TRACT
MAP
Adopt
2004 -001
rdinance No.
(TENTATIVE TRACT MAP NO. 15323). [100 -2008]
2008 -1 approving Planned Community Development Plan
Amen
ent No. 2007 -004.
4. IWE 17 REORGANIZATION; COUNCIL POLICY H -1 AND HARBOR
DESIGN CRITERIA UPDATE. [100 -2008] a) Adopt Ordinance No. 2008 -2
amending Title 17 of the NBMC to completely reorganize the Title with minor
revisions throughout; c) adopt Ordinance No. 2008 -3 that relocates Section
17.28.045 (Vehicle Restrictions on Public Piers and Plazas) to Section 11.08.090;
and c) adopt Ordinance No. 2008 -4 that relocates Section 17.28.060 (Skateboards)
to Section 12.57.22.
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City of Newport Beach
City Council Minutes
January 22, 2008
C. ORDINANCES FOR vuRop -mr ON
5. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING
COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION 21354.4
(2.5% @ 55 FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS (C-
563). [381100 -2008] a) Adopt Resolution No. 2008 -3 relating to the City's
intention to approve an amendment to the contract b een the Board of
Administration, California Public Employees' Retirement stem (PERS) and the
Newport Beach City Council to authorize cost sh g for the "2.5 % @55"
retirement formula for local miscellaneous me rs, including Key and
Management; and b) introduce Ordinance No. 200 ating to a PERS contract
amendment, and pass to second reading on eb 12, 2008. (Council
Member Rosansky voted no on this i and Ma Pro Tern Daigle
abstained on this item.)
6. RESOLUTION OF INTENTION TO D A NON -EXCL SOLID
WASTE COLLECTION FRANC E GREEN ENVIR ENTAL
WASTE AND RECYCLING, [ i00 -2008] a) Adopt Resolution of
Intention No. 2008 -4 to conduct earing on February 26, 2008 to consider
the award of a Non - exclusive Soh ste Franchise to Green Environmental
Waste and Recycling, LLC; and b) int Ordinance No. 2008 -7 granting a Non-
exclusive Solid Waste Franchise to Gree vironmental Waste and Recycling,
LLC, and pass to secon ding on February 008.
D. RES01=407vR FnR Annl r nr
7. RESOLUTION FOR ST ET PI ARKING RESTRICTIONS IN
THE WEST SANTA ANA EI TS COMMUNITY (contd. from 118(08). a)
Rescind Resolution No. 200 nd b) adopt Resolution No. 2008 -5 replacing the
current of Orange N ARKING restrictions with City of Newport Beach
NO P N restrictions o street sweeping on Thursdays from 9:30 a.m. to
12:3 m. in a West Santa Heights community.
8. R UTI OUNTY FUNDS FOR RECYCLING. [100-
2008] ve eso u 2008 -6 so the City may obtain up to $30,000 from
Coun Orange to be used to supplement approved funding for creation of
s h old hazardous waste collection center to be located in the City
9. NE WP T BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD (C-
3655) - OMPLETION AND ACCEPTANCE OF CONTRACT. [38/100 -2008]
a) Acc the work; b) authorize the City Clerk to release the Labor and Materials
Bond days after the Notice of Completion has been recorded in accordance with
able portions of the Civil Code; and c) release the Faithful Performance Bond
o ear after Council acceptance.
10. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL
SYSTEM (C -3651) - AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH SCS ENGINEERING FOR OBSERVATION AND
SUPPORT SERVICES. [38 1100 -2008] Approve Amendment No. 2 to the
Professional Services Agreement with SCS Engineers of Long Beach, California,
for additional observation and support services for the Newport Terrace Landfill
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City Council Minutes
January 22, 2008
Gas Collection and Control System (C -3651) at a not to exceed price of $32,838 and
authorize the Mayor and City Clerk to execute the agreement.
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH
HARDY & HARPER, INC. AND OLIVER MAHON ASPHALT, INC. FOR ON-
CALL ASPHALT UTILITY REPAIRS (C- 4015). [381100 -2008] Approve
Professional Services Agreements with Hardy & Harper, lat. and Oliver Mahon
Asphalt, Inc. for on -call asphalt utility repairs, and authojX the Mayor and City
Clerk to execute the agreements.
13. CITY - COUNTY SUBLEASE FOR WATER QU TY LAB WING OF THE
BACK BAY SCIENCE CENTER (C- 4016). (3 0 Authorize the Mayor
to execute a Sublease with the County of Or for the r Quality Lab wing
of the Back Bay Science Center and have ublease effec upon approval by
the Orange County Board of Supervisors.
14. AWARD OF CONCESSION AT C O DEL MAR STAT EACH (C-
4017). [381100 -2008] Continued.
F. MISCELLANEOUS
15. ACCEPT FIREMAN'S FUND GR R SCBA BOTTLES. (100 -2008] a)
Accept the Fireman's d heritage Rewar nit in the amount of $15,000.00 to
purchase 18 Self Cont eathing Appara CBA) bottles; b) approve a sole
source contract with pment In . ith an amount not to exceed
$15,000.00 for the SCBA bottle a budget amendment (08BA-
038) increasing revenue a imates b 15, in 2320 -4914 and appropriating
those funds into Fire Depa ent unt 2320 - 82007.
16. BUDGET NDMENT ACCEPT TWO CHECKS FROM THE
FRIE THE N RT BEACH LIBRARY AND APPROPRIATE
FUN TO NTENANC & OPERATIONS BUDGET ACCOUNTS FOR
FI AL YE R 2007 -08. [10 008] Approve a budget amendment (08BA -040)
to ase r estimates 20,100 in Account No. 4091 -5892 (Friends of the
Libr o se expenditure estimates by $20,100 in Division
91, Fri
B T MENT TO ACCEPT A CHECK FROM CALIFORNIA
STA LIB AND APPROPRIATE FUNDS FOR LITERACY
SERVI S FOR ISCAL YEAR 2007 -08. [100 -2008] Approve a budget
amendm t (08BA -041) to increase expenditure appropriations by $13,866 in
Division 060, Literacy, and increase revenue estimates by the same amount in
Account o. 4010 -4832, California Library Literacy Services.
DOVIM DRIVE SIDEWALK - APPROVAL OF AMENDMENT NO. 6 TO
SSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC.,
F08JI RLY KNOWN AS VAN DELL AND ASSOCIATES (C- 3652). (381100-
2 pp rove Amendment No. 6 to Professional Services Agreement with VA
Consulting, Inc., formerly known as Van Dell and Associates for a not to exceed
amount of $19,430 and authorize the Mayor and City Clerk to execute the
Amendment
522. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR (C -8778)
- APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL
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XIII.
SERVICES AGREEMENT WITH DUDEK AND ASSOCIATES, INC. [381100-
20081 a) Approve Amendment No. 2 to the Professional Services Agreement with
Dudek & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully
Wetlands and Maintenance Road Repair at a not to exceed amount of $18, 750 and
authorize the Mayor and City Clerk to execute the Agreement; and b) approve a
budget amendment (08BA -043) transferring $15,750 from salary savings in the
Engineering Division (5100 -7099) to Buck Gully Wetland7ld Maintenance Road
Repair project (7014- C5100659).
Motion bY Council Member Daigle to approve the Consent Cndar, except for the item
removed (11), and noting the no vote by Council Member Rosan m 5, the abstention by
Mayor Pro Tem Daigle on Item 5, and the continuation of Item 1
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, ayor Pro Tem Selich, r Rosansky,
Council Member Webb, Council Member Daigle ounember Gardner
Mayor Selich recommended discussing Item 20
(Item 18) is recessed in order to tabulate the As
Motion by. Council Member Webb to discuss Item ON
(Assessment District No. 92) is recessed in order to tabulate
The motion carried by the following roll
Ayes: Council Member Henn, Council Me
Council Member Webb, Council Mem
11. CONTRACT
CITY'S SOIA
Council
General
fo also transt
there will be a
competitive bid
Council
al Uses) when the Public Hearing
ballots.
Residential Uses) when Item 18
Tem Selich, Mayor Rosansky,
ber Gardner
TRANSFER, INC., FOR PROCESSING THE
2807). [381100 -20081
t Council received an email from Judy Ware.
ctor ar ' ussed the phases of solid waste collection and
recommending that the contract be extended until staff can draft a
P) for the processing of solid waste materials, including an option
N s from the City Yard to the processing facility in order to see if
efi the City. He confirmed that the process will be conducted by
phasized that this does not affect the solid waste collection phase.
Dolores Otting r uested a copy of the email, suggested that the company transferring the
" aterial be as ciated with a recycling facility, and received confirmation from the City
ey that Ife RFP will request the company's history, insurance information, driving
Motion Council Member Gardner to approve the amendment to the current
contract with CRT, extending the agreement from February 28, 2008 through June 30,
2008.
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 Gardner
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)UV. PUBLIC HEARING
18. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED
BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST
HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT.
Mayor Selich read the procedures for the Assessment District. Sepror Civil Engineer Lee
provided a staff report.
Assessment Engineer Dave Stuetzel described Assessment trict No. 92 boundaries and
cost. He noted that the 54 parcel undergrounding doe no lude cable service. He
discussed the Engineer's Report and the methodology
Hearing no testimony, Mayor Selich closed the p l c hearing and a ced that staff
will tabulate the ballots and then Council will a action on this issu r the group
homes agenda item has concluded
XVIII. CONTINUED BUSINESS
20. GROUP RESIDENTIAL USES: ADO N OF ORDINANCE NO. 2008 -5
AMENDING THE NEWPORT BEACH MU AL CODE RELATING TO GROUP
RESIDENTIAL USES AND REPEALING T1111, MPORR'ESARY MORATORIUM ON
THE ESTABLISHMENT +RATIO N OF' IDENTI LL USES THAT
ARE TRANSITORY IN NAT EADING); PTION OF RESOLUTION
NO: 2008-8 SUNSETTING' THE R IDENTIAL OCCUPANCY
COMMITTEE:(IROC); ADOPTI N OF R NO. 2008 -9 AMENDING THE
DUTIES AND TERM OF THE C C CIL AD OC COMMITTEE ON GROUP
RESIDENTIAL USES; CONSID N'OF AN IMPLEMENTATION PLAN ON
GROUP RESID I USES; ADOPTION OF A NEW COUNCIL POLICY
ON HEARING ERS.
Joel Sluts reques d that the 1,0 foot separation be included in the ordinance,
particular r the nstandard areas 'nce there is no precedence and the City will be
sued anyway. a individuals and agencies he spoke to about this
issue.
,Wds Lon req that the ordinance include a 1,000 foot separation and a timely
Cynthia Koller ormed the audience that they can fill out an online complaint form
relative to gro rehabilitation homes. She believed that Los Angeles is considering
lacing the 1,0 foot separation into its ordinance. She took issue with the Intense
idential O pancy Committee (IROC) minutes, including certified homes in the
or nce, no using State language, and the amount of activity /deliveries that group
home ner e. She questioned the working relationship between the ad hoc committee
and the ing officer and believed that the moratorium should not end until all the
homes ha a gone through the Conditional Use Permit (CUP) process.
Dolores Otting took issue that her questions from the last meeting were not included in
the staff report and reiterated them. She encouraged the City to work with the coalition of
cities and questioned why the ordinance doesn't adopt State laws and definitions. She
presented and read a portion of the Alcohol and Drug Programs (ADP) California Code of
Regulations (CCR) and believed that Section B of the ordinance is vague.
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January 22, 2008
Bob Rush discussed how Ordinance No. 2004 -16 affected the community and addressed
conflicts of interest. He took issue that no one has responded back to him relative to
documents he submitted at the April 10, 2007 Council Meeting. He expressed displeasure
with the ordinance and noted that citizens can vote in new officials, recall current officials,
or sue the City.
Mary Hyatt discussed how the Peninsula atmosphere has changed o1jr the past five years
and believed that the rehabilitation homes may be contributing to increase in crime.
Dick Nichols stated that group homes need to be
rehabilitation classes. He discussed CRC's purchase
Lori Morris questioned the language in the ord
State laws, requested that the CUP hearings be
could attend, believed that the group homes op
the costs, and requested that the 11000 foot se
certified homes being included in the ordinanqd
Shelly Dobkins expressed concern with o on
that the City pass an ordinance that pro e
1,000 foot separation.
Denys Oberman believed that a ordinance is not
does not..go far enough and tha is a relation
discussed an interview betw(e 7a1%!%jjes
Alcoholics "Anonymous (AA) meeti Cohad contact with Mr. McNiff for m yehat
=nsed d suggested tracing the
be ving By The Sea (SLBTS).
P ed w e City isn't adopting
ad at a time t working citizens
not the taxpa should pay for
be included. She issue with
-ation in the community and requested
citizens. He suggested including the
enough, has no standards, and
;ween drug use and crime. She
Pand Grant McNiff after an
ner explained that she has not
)ken with him about this issue.
Anita Nermisch asked what pro d priorities Council followed to make these
decisions and ho City thinks ooks to the world. She requested that Council
maintain the ci " ns' uality of life.
Jim Mar n, Speci Legal Counsel, "scussed how legal counsel had to try to balance
housing 1 for ed indi ' als and the impacts of overconcentration on
residential rationale relative to the ordinance's distancing
guideline and ho a City has to follow what has been adopted by the Ninth Circuit. He
ed th rits of utilizing the CUP process and expressed concern about how
000 foots ration d be applied. He explained that the language in the ordinance
came from a her o signs, which were discussed with Concerned Citizens of
Newport Beach CNB). Ve clarified what certified homes are and highlighted the
certification proc s for the Sheriffs Department program.
V until questions, Special Legal Counsel Markman explained how keeping
anguage in the ordinance does not automatically allow more group homes
d stated that he does not recommend taking the language out. He noted
guage was removed, the ordinance would need to go through first reading
ld not stop operators from getting certification. He pointed out that the
qualifications are in proposed Council Policy F -26. Assistant City Manager
Kiff explained why the hearing officer should be a practicing attorney and member of the
California State Bar in good standing or retired from the State Bar in good standing to
make decisions associated with Section 1.08.055; however, other types of hearings (i.e. code
enforcement hearings) do not require a hearing officer to be a member of the State Bar
unless they are already an attorney. Special Counsel Markman stated that some of the
findings may be the same, but all the findings of facts will be different. He discussed the
importance of having the citizens and staff produce evidence so that circumstances are put
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January 22, 2008
on record for use permit and revocation hearings. He indicated that his office will contact
the City of Los Angeles regarding the 1,000 foot separation provision and indicated that no
other city has adopted this standard. He explained integral facilities and integral uses.
Special Legal Counsel Markman indicated that State laws and ADP standards do not tell
cities how to make land use or zoning decisions, or how to process a license. He explained
that, pursuant to State planning law, the moratorium is require to end once a land
use /zoning approach is adopted since the basis for the moratori no longer exists. He
emphasized that the City still maintains its right to a tri gainst violators of the
moratorium and that the violators are not eligible for a use mit to continue the illegal
use. He explained why the expense of the hearings sho bsorbed by the City and
discussed how other cities may be defraying the costs. in d that the use permit
process for this type of issue is cutting edge and aggre e. He a Is
the opinion that
a professionally run hearing that can be appealed ouncil makes t ocess work more
efficiently.
Assistant City Manager Kiff indicated that t RO inutes are in draft foil and can be
amended, and group homes operators w' a re ed to explain how they are going to
enforce the requirements, including th requirement. He discussed the City's
desire to work with other cities to pursue le ion or an initiative to address the issues,
and reported that a bill may be introduced in t . eks. He stated that there is no ability
for local government to require that someone be . ed after they leave the program;
however, the use permit may a to request an ' tion and Management Plan that
explains where their participa they are re T He explained the proposed
amendments. to the ad hoc com 'ttee a to hearing officer. selection.
Special Legal Counsel Markman ded that a officer(s) will be under contract,
act independently, and be outside cant ofCounc' He discussed the conference with
outside cities, the various atto ys at reviewed the issues, and the Planning
Commission and Council hea He emphasized the desire to eliminate the
impacts of over ce ation while protecting the rights of disabled individuals in the
community. I
Council Ih H recommended at the use permit hearings be scheduled at a
convenient ti so opportunity to attend the hearings. He noted that
two - thirds of tial implementation costs will be absorbed by the applicant, but there
mg related to enforcement. He believed that the ordinance is
essive, ting o t new group homes are only permitted in the MFR District, the
City is defim integr cilities and integral uses, and overconcentration will be
substantially m ated.
Council Membe Curry stated that Mitt Romney has nothing to do with this issue and
ssured the resi nts that the City takes the group homes issues seriously.
R ding th number of beds and homes in the City, Assistant City Manager Kiff
discu th investigatory process staff conducted of each residence and acknowledged
that the a discrepancy between the City's and CCNB's counts. He reported that the
City can erify to date 503 beds and 85 facilities (28 are licensed). He stated that each
facility will be invited to go through the use permit process.
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K \I
Assistant City Manager Kiff requested that the definition of Residential Care Facilities,
General (page 9 of the ordinance) be amended to read, "...sites or buildings, licensed by the
State..." Regarding Council Policy F -26 related to hearing officer qualifications for appeals
authorized by NBMC Section 1.08.055, he recommended that the third bullet state, "If
applicable, be a member of the California State Bar..." For decisions associated with Title
20, he recommended that the second sentence of the fourth bullet state, "Each candidate's
potential conflicts of interests shall be reviewed..." ,
In response to Council questions, Assistant City Manager
intent to have Mr. Markman's office assist the City
candidates. Special Legal Counsel Markman indicated t
candidate has had or currently has any financial interes
operator, and if they have any ethical barriers.
Motion by_CQUnciLMQmber Henn to a) adopt
Residential Uses and the repeal of the Tempo
that are Transitory in Nature, including the end
General definition to read, "..sites or din
Resolution No. 2008 -8 sunsetting the In d
adopt Resolution No. 2008 -9 amending the a
Committee on Group Residential Uses; d) recei
Plan relating to new Use Permits and review of exi
Policy F -26 (Hearing Officers) mj&the amendment
appeals authorized by NBMC .055 (th
member of the California Stat7hullet " a
the second sentence of the fou to e,
interests shall be reviewed..."
licated that it is staffs
ewing hearing officer
will explore whether a
ion to any group homes
No. 2008 - ting to Group
atorium on New INWential Uses
nt to the Residential a Facilities,
licensed by the State... "; b) adopt
mtial Occupancy Committee (IROC); c)
and term of the City Council Ad Hoc
d file City staffs draft Implementation
Use Permits; and e) adopt Council
o cations for hearing officers for
rd b ) to state, "If applicable, be a
signs a ociated with Title 20, amend
ftbcandidate's potential conflicts of
The motion carried the following ll vote:
Ayes: Council emb Henn, Coun Member Curry, Mayor Pro Tern Selich, Mayor
Rosa Co it Member Web Council Member Daigle, Council Member Gardner
n - SMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED
E A UE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST
OR U RGROUNDING UTILITIES AND DESIGNATION AS AN
UTIL ES DISTRICT. [89/100 -2008)
r ess announced that 64% of the ballots submitted were in favor of the
s 'ct, for a total assessment of $1,107,858.87, and 36% of the ballots were
p osition, for a total assessment of $611,569.02.
M
ob _ u ncil Member Webb to a) adopt Resolution No. 2008 -7 declaring the
results ballot tabulation, approving the Assessment Engineer's Report, confirming
the asseent for Assessment District No. 92, ordering the acquisition of improvements,
and designating the area as an Underground Utilities District; and b) approve a budget
amendment (08BA -042) in anticipation of the formation and approval of Assessment
District No. 92 (the proposed budget amendment of $2,053,537 will provide $1,916,537 for
the design, construction, financing and incidental contingencies and $137,000 to establish
a bond reserve; increase revenue estimates by $1,916,537 and increase expenditure
appropriations by $1,803,567; the difference of $112,970 will be utilized to reimburse the
City for past assessment engineering and design expenditures related to this District; and
appropriate $28,018 for the related assessment on City -owned property within the
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City of Newport Beach
City Council Minutes
January 22, 2008
District).
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 Gardner
XV. PUBLIC COMMENTS
Wendy Brooks expressed support for Measure B and discussed reason r having City Hall in the
park.
Tom Moulson provided ten reasons why he will be voting no on asure
Marcia Dossey discussed open space in the General Plan aJd indicated that ill be voting yes
on Measure B.
Dick Nichols discussed traffic issues and expressed s port Measure B.
Debra Schultz discussed benefits of having C' the park and expressed support for
Measure B.
Jo Vandervort stated that she will be voting yes on Measur
Seymour Beek indicated that he will be es on Measure
Bill Ficker discussed the project and exp sed supp sure
Karen Tringali expressed reasons why she opp to Measure B and discussed options.
Ron Hendrickson discusse Defend the tigation and expressed support for Measure B.
Jan Vandersloot exp sed reasons for g no on Measure B and expressed concern that
Measure B is a Ci arter endment.
Nancy Skinner expre s
Hugh Loga ed w is voting no on Measure B.
XVI.
Hendrickson cusse ons why she will be voting yes on Measure B.
Hoffman express her reas for opposing Measure B.
s Otting discusse open space in the General Plan and expressed reasons why she will be
kps on Measure
Council Memb nn reported that the Environmental Quality Affairs Committee (EQAC)
indicated that th will be considering whether to recommend that Council adopt a styrofoam ban
in the City. He added that they also heard a presentation on Leadership in Energy and
Environmental Design (LEED) building requirements.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
19. PLANNING COMMISSION AGENDA FOR JANUARY 17, 2008. [100 -2008]
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City of Newport Beach
City Council Minutes.
January 22, 2008
Without objection, the item was received and filed.
XIX. MOTION FOR RECONSIDERATION -None.
XX.ADJOURNMENT - Adjourned at 10:45 p.m. in memory of Dr. Gary Clonts.
The agenda for the Regular Meeting was posted on January 16, 2008 t 4:00 p.m. on the
City Hall Bulletin Board located outside of the City of Newport ch Administration
Building. The supplemental agenda for the Regular Meeting was osted on January 18,
2008, at 1:58 p.m. on the City Hall Bulletin Board located outsi of the City of Newport
Beach Administration Building.
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