HomeMy WebLinkAbout01 - Minutes - 9-28-10Agenda Item No. 1
October 12, 2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
September 28, 2010 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, yea Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner Cyuncillmber Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Mayor Pro Tem. Henn's gYtes gil egarding Item 9 (Hearing eer Services
Relating to Title 20 Hearings), City Aft #ney Hunt stated that he would verify if
the proposed Hearing Officer resides in Newpoif$each.
Mayor Curry stated that he w' nt on item 510 esolution in Support of Proposition
22) at the regular meeting. V# a
2. CITYWIDE SPEED SURVEY UP ATE�
Traffic Engmeef]3me.' pro vided a ort that included information regarding the
new Califorma ehicle Traffic
erode require nts. He discussed the Engineering and Trac
Study (ET &�hce eglorcement of ape d laws, and speed limit changes.
z,
In respon e to q 1 `M ft Webb's uestion, Traffic Engineer Brine stated that
the aw s Police he right to determine if drivers are driving at an
afe speed fo 1 adway�pgnditions.
Zimmerman,' onsulta#t. provided ".a PowerPoint presentation that included
sation on how peed liin are set, the recent history of speed limits, and 85th
In respo to Con ' questions, Mr. Zimmerman stated that speed limits are based on
accident hi ry a safety, discussed site distance, and further explained how the 85th
percentile spe it is determined. Traffic Engineer Brine stated that staff has looked at
areas individ y, the maps and proposal account for all factors, and the
measurements were taken mid -week during the day.
Council expressed concern about possible speed traps, proposed speed limits on certain
streets, map size, and measurements relative to safety changes at night. Council believed
that the 85th percentile should be utilized on an individual basis. Council Member
Gardner suggested that the item be brought back to Council after their concerns are
addressed.
City Manager Miff added that the survey will allow speeds to go down to also allow more
safety for bicyclist.
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City of Newport Beach
City Council Study Session
September 28, 2010
3.
4.
Mayor Curry indicated that the changes to speed law is a requirement from the State of
California and noted that it is not a comfortable situation for the City to be in.
In response to Council questions, Public Works Director Badum stated that staff
will reevaluate the proposed segments and streets.
UPDATE ON HARBOR PATROLIHARBOR RESOURCES COORDINATION
EFFORTS AND HARBOR RELATED ISSUES.
Lieutenant Mark Long, Orange County Sheriffs Harbor Patrol; provided an overview of
their approach to law enforcement and their relationship wifth the City, and stated that
the Sheriffs Department can work with various departmg is to help solve problems.
Council Member Gardner expressed gratitude to
for their assistance with water quality issues and
Sheriffs Department
In response to Council questions, Lieuten Lon stated that derelict vessels can be
disposed of, and explained the approach costs bolved. He clari£ed that the fee study
conducted by the County of Orange is o for ° t term stays.
Mayor Curry and City Manager Kiff express ppreciation to the Orange County Sheriffs
Department. Lieutenant Long thanked City send noted that he looks forward to
working with the City.
BALBOA VILLAGE PARKING
�AN'1�GaE�IENT
Economic Development Admimstraor De5antrs pfonrts ed a PowerPoint presentation that
included informat'gp n M pal Coder issues, fun�rattribution, boundaries, meters,
proposed seaso rate Parking FaczljLes Funds, Neighborhood Enhancement Reserves,
-residential p g pro rams, and par ` g hours.
In response to Cc "' "' questions, Economic Development Administrator DeSantis
explained e e " ent aild proposed rate changes, exemptions for small
businesses; e provemen ct (BID) acceptance of the proposal, employee
parking alternafgs, a ive dates for the proposed parking rate hike, public outreach,
and the meter spindles.
Ralph
that n
not be
Fundenberg, Xentral Newport Beach Community Association, believed that more
awareness is needed before placing meters in front of residences.
Association, expressed support for the Walker Study, stated
erned about the proposed changes, and suggested that residents
W.R. Dildine expressed concern that there is not an overlay map of the BID, believed that
representation from people not in the BID is needed, and discussed the lack of parking
spaces in the area.
Craig Batley expressed concern about the minimal amount of public outreach.
Mark Carlozzi expressed concern about the affects of the meters, lack
of public awareness, possible decline in property values, and lack of Coastal Commission
approval.
Jim Stratton, commended staff for their work; however, believed that the proposed
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City of Newport Beach
City Council Study Session
September 28, 2010
III.
IV.
recommendation will not solve the problem. He stated that residents pay for parking
through taxes and fees, and indicated that placing parking meters in front of residents'
homes is unfair.
Following discussion, City Manager Kiff suggested that the City conduct more public
outreach. Mayor Pro Tern Henn volunteered to work with staff to create an outreach
program that addresses the issues and will provide more information. He emphasized that
the first step in revitalizing the area is to provide functional parking solutions.
Volume 59 - Page 580
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
September 28, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION - 6:00 p.m.
,;Rra
A. Conference with Legal Counsel - Existing Litigation (G, nment Code § 54956.9
(a)): Five matters: AA
1. Pacific Shores v. Newport Beac S. trict Court Case,9 SACV 08 -00457
AG (PLAx) a
2. Newport Coast Recovery and wstone Recovery v. CiN of Newport
Beach, U.S. District Court Case No. S `' V 09 -0701 DOC (ANx)
3. Cross Claim Against 11Ir�gside Reco as the only remaining portion
of the Concerned C taxer,''a t�`V -4 of Newp Beach, U.S. District Court Case
No. SACV 08- 00192 -JVS (Rt,4Bx) �``
r,? Y
4. City of Ne ri Beach v." Back
ay jLLC, Orange County Superior
Court Ca o. $0- 2010- 0038549.Q
5. Shel v. Nort ` p ¢nd Johnsen Yachts, LLC, et. al., Orange County Superior
Court e No. 0- 2010 - 004052831;
HI
B. Con% (6q -,v r eg' overnment Code § 54957.6):
r
enc Desi at Re ntativ s: Negotiator Bill Avery; Human Resources Director
Terri Cassidy`
iiw y
iployee Orgamz_ a Ne ort Beach City Employees Association (CEA); Newport
Beat Professional ad Technical Employees Association (Prof - Tech); Fire Management
Associa ,n MA
III. RECESS
IV. RECONVENED AT 7:lYltl P.M. FOR RTi.MILAR MFFmirrr_
V. ROLL CALL
Present: Council Member Selich, Council Member.Rosansky, Mayor Pro Tern Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that Council authorized defense on the Shelly v. Northrop case by a
7 -0 vote and authorized defense on the NextG Litigation by a 6 -0 vote with Council Member Daigle
recusing herself.
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City Council Minutes
September 2S, 2010
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - Mayor Curry
Ix. PRESENTATIONS
Presentation of $11,000 Check from the California State Library - Library Services Director
Cowell presented the check to Council.
Presentation of $156,000 Check from the Newport Beach Public Library Foundation -
Tracy Keys, Executive Director of the Newport Beach Public LibraryFoundation, presented the
check to Council.
Presentation of $240,800 Check from the Friends of the "Library - Friends of the Library
Nancy Acone, Susan Hirsch and Virginia Hader presented, �fie check to Council and thanked the
community for donating books,
Proclamation to Paul Cahill, General Manag . of tb Newport BeacI, Hotel and Spa -
Mayor Curry read the proclamation and presen <it to P all Cahill. Paul Ca h2 - Ahanked Council
for their recognition. t:
<
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCF.MF.N!,1gy ,, OR MAWR. WNIP..T7 l.nr1Nfii. MF.MRF.RC
XII.
REPORT (NON- DISCUSSION ITEM)
Council Member Daigle noted that planning 0 underway f6ilby lebration of the completion of the
Upper Newport Bay EcologiOgestoration PrpiectoP
Council Member G er ann ced that thew will be a presentation by the Newport Beach
Historical Society on ber 7 and expressedepncern with minute taking practices for Planning
Commission meetings. A . to Manager Sr 'th noted that those minutes will be improved.
Mayor Cureor`d ^� the tewide mee of the League of California Cities, the California
Special { „17istricts Annua y�onfe ce, the Coastal Cities Bike Coalition Meeting, the one year
anniv sary of Newporth M ne and the 9th anniversary of Riuier¢ Mogazine, the U.S.
Law2iowling Open, thecial o g of the OASIS Senior Center on October 9, and
3ongrati d Newport Harb High Sc ool on winning the Battle of the Bay.
I�
B.
1. MINUS FOR THE STUDY SESSION AND REGULAR MEETING OF
SEPTE&BER 14, 2010. [100 -2010] Waive reading of subject minutes, approve
as written, and order filed.
2. READING OF ORDINANCES: AND RESOLUTIONS. [100 -20101 Waive
reading in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
ORDINANCE FOR ADOPTION
3. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE
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City Council Minutes
September 28, 2010
NEWPORT BEACH WINERY PROPOSED AT 869 WEST 16TH STREET.
[100 -20101 Conduct second reading and adopt Ordinance No. 2010 -17 relating to
Zoning Code Amendment No. CA2010 -005 to apply the Interim Study Overlay
District by revising District Map Nos. 22 and 25, which will allow for Food
Processing uses, including proposed winery, at a light industrial property located
at 869 West 16th Street.
C. RESOLUTIONS FOR ADOPTION
4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO UNITED PACIFIC WASTE, A CALIFORNI,t1`''`CORPORATION. [421100 -
20I01 a) Adopt Resolution of Intention No. 201( 1109 to conduct a public hearing
on October 26, 2010 to consider the awar} of',,q Non - exclusive Solid Waste
Franchise to United Pacific Waste, a Alifornia e.,corporation; b) introduce
Ordinance No. 2010 -19 granting a Non - olusive Solid V44aste Franchise to United
Pacific Waste, a California corporati for a first rea (ing" and pass to second
reading on October 26, 2010; and c) opt tlr Ordinance grarLg the Franchise at
the conclusion of the October 26 110 pu c hearing.
6. ADOPT A RESOLUTIO STABLISHING "NO `' PARKING"
RESTRICTIONS ON DESIGNAT STREETS ON SPECIFIC DAYS AND
TIMES TO IMPRO STREET EPING EFFECTIVENESS AND
RESCINDING RESO fl, 10N NO. 20 AND A CHANGE TO STREET
SWEEPING RESTRICT MS�O VISTA ORO AND MAR VISTA. [100-
2010] a) Rescind Resolution " i99 -5; and adopt Resolution No. 2010 -111
establishing "NO PARKNG" restrict'-" qn deaf ated streets on specific days
and times to ' prove street sweeping effectivet#ess for street sweeping throughout
the City ' g revisions a€It the north side of 26th Street from Newport
Boulev 11111 d to t east street e "`and to revise "NO PARKING" restrictions on the
full I "' h of V' to Del Oro and far Vista Drive.
7. ADOPT ION TO AMEND THE STREET TREE DESIGNATION
LI E [100 -20101 Adopt Resolution No. 2010 -
112 a Rnd Ci ty Stree ee Designation for Heliotrope Avenue to remove
the Jspa' e BI a Pine and list the Kentia Palm and Dwarf Southern Magnolia
as the desi' ted tr pecies for that neighborhood.
t
D. L'1VTRACTSAND4GRF,F, NTfi
8. GREEME TO PROVIDE SANITARY SEWER SERVICES TO CANYON
iryRWAY . OMMUNITY (C 4611). [38/100 -2010] a) Receive a letter request
from he vanyon Fairway Community Association (CFCA) for transfer of
«,.
own e r . am nance of the sanitary sewer system; b) authorize the Mayor and
City Cle )C to execute the agreement to provide sanitary sewer services to the
community of Canyon Fairway; c) authorize the City Manager to sign a Certificate
of Acceptance to accept the necessary sewer and storm water easements; d)
approve draft Proposition 218 notice and direct staff to send to property owners;
and e) set "public hearing for November 23, 2010, to tabulate protests.
9. HEARING OFFICER SERVICES RELATING TO TITLE 20 HEARINGS (C-
4612). [381100 -2010] Approve the City Manager's recommendation to contract
with Hon. John C. Woolley (retired) to conduct Administrative Hearings on Title
20 matters.
In response to Mayor Pro Tem Henn's questions, City Attorney Hunt
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noted that Hon. John C. Woolley does reside in Newport Beach.
10. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS -
AWARD OF CONTRACT (C -3802, C- 4613). [381100 -20101 a) Approve the
project drawings and specifications; b) accept Westcoast Public Work's request to
withdraw their bid; c) award Contract No. 3802 to the second low bidder, John T.
Malloy, Inc., for the total bid price of $286,050, and authorize the Mayor and the
City Clerk to execute the contract; d) establish an amount of $43,000 (15 %) to
cover the cost of unforeseen work; and e) additional contract costs of approximately
$14,450 in consulting geotechnical services is estimate&for this project and will be
performed under the On -call Professional Services 'Agreement with Harrington
Geotechnical Engineering, Inc.
11. LIFEGUARD HEADQUARTER ROOF , REPLrSGEMENT -AWARD OF
pprove tl
CONTRACT (C- 4599). [381100 -2010] e ; project speci fications; b)
award Contract No. 4599 to All West Roofing for the total bid price of $36,350,
and authorize the Mayor and the C' Cler execute the contract; c) establish an
amount of $10,000 to cover the of eseen work, and d)',propriate future
California Emergency Manag t 'ency (Cal EMA) gra NIX enues up to
$47,350 into 2355 -489C to rein Fire/Lifeguards for the roof replacement
costs.
13. 2009 -2010 CITYWID)s 4JjgRY SEAL - . MPLETION AND ACCEPTANCE
(C- 4270). [38/100 -20101 a)`1(e,,,,ppt the compted work and authorize the City
Clerk to file a Notice of Complelib)") author the City Clerk to release the
Labor and Materials Bond 35 days; the tice of Completion has been
recorded in ordance with�,apphc,2lile pordails of the Civil Code; and c) release
the Fait ormance Boii l qm —year after Council acceptance.
14. O CON ROLLED INS;IRANCE PROGRAM (OCIP) FOR THE CIVIC
CE PR JECT - SELECTION OF BROKER /ADMINISTRATOR (C-
4614). [ 00 a) Approve
udget Amendment No. 11BA -011 appropriating
( ) ) approve a Professional Services
r�±9 sks from Civic CCP ; and b a
A""";", Agreeilelit wi on Risk Se s, Inc. in an amount not to exceed $295,000 for
30- m0 ntbwith six (6) month extension, if needed (bond proceeds will not be
needed for#1ie con ction contract and those savings will be applied toward the
OCIP).
15..`,,,`AR. A, MENDME , NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF NtWPORT BEACH AND DAVID KIFF (C- 4358). 1381100 -20101
Aprove Amendment No. 1 to City Manager's Employment Agreement to extend
the time December 31, 2010, to establish residency in the City of Newport
Beach.,� `
h
E. MISCELLANEOUS
16. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA
STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY
SERVICES. 1100 -20101 Approve Budget Amendment No. IIBA -004 to increase
expenditure appropriations by $11,000 in Division 4010 (Support Services) and to
increase revenue estimates. for the same amount in Account No. 4010.4835,
Library Services Technology Act.
17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
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BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE
FUNDS FOR SALARIES AND MAINTENANCE & OPERATIONS
BUDGETS FOR FY 2010/11. 1100 -20101 Approve Budget Amendment No.
11BA -003 to increase revenue estimates by $156,000 in Account No. 4090 -5893
(Library Foundation/NBPLF) - expenditure estimates will be increased by the
same amount in Division 4090 (Library Foundation) and Division 4060 (Literacy
Services).
18. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF
THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO
MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2010 -11.
[100 -20101 Approve Budget Amendment No. ,,.4fBA -010 to increase revenue
estimates by $240,800 in Account No. 40,9E 2 (Friends of the Library
Donations), and increase expenditure estimates by t'h _same amount in Divisions
4091. ;,j
19. 2010 -2011 CULTURAL ARTS GRANTS [100 -20101 Approve recommended
recipients for FY 2010 -2011 C t6a' l Grants as selecte&w the City Arts
Commission in accordance witl�j� y P °cy I -10 - Financial Sup ,rt for Culture
and the Arts.
20. STATEMENT OF INVESTMENT PA CY FOR FISCAL YEAR 2011. [100 -
2010] Approve the Statement of Ioves t Policy (Council Policy F -1), as
amended by the City TreasuYe hxul the Finan ommittee.
21. NOMINATIONS TO THE CITIZEi ICY SAFETY COMMITTEE.
[100 -20101 a) Confirm the nominates of Bergey, Tom Croxton, Barbara
Danzi, Jo ffernan Denis T aBonge, Se Matsler, Tony Petros, Stephen
Sholko nd J- n Tzinberg aa'presented by the Council Ad Hoc Appointments
Co n ee to the positions on the Citizens Bicycle Safety Committee; and b)
condo c ppoin ents at the Oct }ber 12, 2010 City Council Meeting.
22. POIN E = NOMIC DEVELOPMENT COMMITTEE.
O 20111 A nt Mark ": er to the Economic Development Committee.
�!
��Ii
Moti Ma or Pro He seconded b Council Member Rosansk to approve the
Con alendar, except foxthe item moved (5 & 12), and noting corrections to Items 4 & 21.
The motioitrried by the follwing roll call vote:
''u� fEq
Ayes: Council ber Selic# Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
Council Mem`% Webl Council Member Gardner, Council Member Daigle
ti,
XIIL ITEMS REMOVED FI THE CONSENT CALENDAR
5. RESOLUTION IN SUPPORT OF PROPOSITION 22 (NOVEMBER 2 GENERAL
ELECTION). [100 -20101
Mayor Curry noted that Mayor Pro Tem Henn and Council Member Gardner have been
active in the signature collection to qualify Proposition 22 for the November ballot and
discussed the importance of the proposition in protecting funds.
Motion by Council Member Gardner, seconded by Council Member Webb to adopt
Resolution No. 2010 -110 related to support for Proposition 22 (the "Local Taxpayer, Public
Safety, and Transportation Protection Act of 201011).
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City Council Minutes
September 28, 2010
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
12. BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT - AWARD OF
CONTRACT (C4479).[38/100-20101
W.R. Dildine expressed concern relative to the low bid on the project.
Michael Stergin, M &E Construction, commented that the
Public Works Director Badum clarified the bid process i reaffirmed that the low bidder
ns
was responsive. In response to Council questio, hinted this bid was typical to the
process. e
Motion b Council Member Webb seconded bv Ma or Pro Te ""Henn to a) approve
the project drawings and specifications; b) award ��o, tract No. 4479 t ME Construction
for the total bid price of $157,000, and horize;the Mayor and City o execute the
contract; and c) establish an amount of $1820Ato cover the cost of unfowork.
The motion carried by the following roll call
Ayes: Council Member Selich,
Curry, Council Member
XIV.
, Mayor Pro Tem Henn, Mayor
Iner, Council Member Daigle
Council Member Daigle
g-, that the ti s Aviation Committee received a report that
aircraft emissions are comphAnce with Fed standards and that a water quality study might
be conducted in the e.
Mayor Pro Tem Henn nd� EconomiDevelopment Committee decided to form a
subcommitte bus ,g�sc�s license , i rted on a presentation from the Film Festival
which dis sed the su s ofBi s year's festid, , and discussed the Finance Committee's review
of the estment sa c olic
p y, - vigg, initiatives; a budget update, and the Civic Center timeline.
XV. PUB EARINGS
23. Al RT BUSI S AREA INTEGRATED CONCEPTUAL DEVELOPMENT
PLAN 2007 -170 PA2008 -063). [100 -20101
Special Prole Co sultant Wood utilized a PowerPoint presentation to summarize staff
analysis of th grated Conceptual Development Plan (ICDP), neighborhood parks,
general plan p ties, and environmental review and impacts. In response to Council
questions, she noted that the ICDP serves as a guide and discussed the General Plan and
Environmental Impact Reports (EIR).
Mayor Curry opened the public hearing.
Geoffrey LePlastrier and Carol McDermott utilized a PowerPoint presentation to discuss
the ICDP purpose and overview, connectivity, neighborhood amenities, parking, unit
allocation summary, regulatory plans, and advantages of the project.
Kyle Weichert, Stoneridge Capitol Partners, expressed concerns relative to
parking, circulation impacts, and shuttling employees.
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September 28, 2010
David Waite, legal representative for Stoneridge Capitol Partners, discussed the
importance of thoroughly evaluating project impacts.
Brian Adams expressed concern for public access within the property.
Tom Muller, Conexant Legal Representative, discussed the general plan.
Carol McDermott asked for support of the project and emg asized that the plan is
conceptual.
Hearing no further testimony, Mayor Curry closed
A
In response to Council questions, City Attorney < n
proceeding with the project, noted that the IC s a
made from, and clarified that Council has th `authori
approved.
Council Member Selich expressed suppo t' r th"r,opose
Council Member Webb su
easements, and access from
Council Member Gardner expres
felt that the ICDP is in tune with
Council Member Daigle believed
Street.
I public hearing.
K sed support for the City
cep on which plans can be
to cha Sp the plan after it is
plan.
to the ICDP in regards to bicycles,
for Coui ,Member Webb's suggestions and
the area.
nivuivu u �u. ncu iviemner Lal seconded by t;ounctl Member ( xrdner to
adopt Resolu �No. 2010 -113 appro the proposed Airport Business Area Integrated
Conceptual De t, pme #,t Plan as amend by Council Member Webb.
The in reed' � Ise to"' c vote:
es: Council her ech, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Coun Memi3 „Webb, Council Member Gardner, Council Member Daigle
24. INA PALACE E PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY -
U a ERMIT NO. 10-015.[100-20101
to
continue t em tolovember 9, 2010.
The motion car by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tent Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
City Manager Kiff reported that the applicant requested a 45 day continuance.
XVI. PUBLIC COMMENTS -None
XVIL CURRENT BUSINESS
25. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE CITIZENS
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September 28, 2010
TECHNOLOGY TASK FORCE. [100 -20101
Assistant City Manager Smith detailed the proposed recommendations.
In response to Council questions, City Manager Kiff discussed the options relative
to outsourcing in the future.
Mayor Pro Tom Henn expressed support for the proposed five -year plan.
Laura Curran requested and received clarification about the 0 of Information Officer and
the consultant's roles.
26. CLEARWIRE TELECOMMUNICATIONS FACILI `PERMIT (PA2009 -165) - 1
PARK NEWPORT - TELECOMMUNICATIO ER NO. TP2009 -013. [100-
20101
Council Member Daigle recused herself.
Senior Planner Campbell provided a sta6pport d recommended appro „of the permit.
Motion by Uouncil Member Rosansky`*ponded by Council Member Webb to
adopt Resolution No. 2010 -114 approving Ter ` mmunications Permit No. TP2009 -013,
subject to findings and conditiori` Af approval.
The motion carried by the following roll te:
Ayes: Council Member Selich, Couz it Mem Y, 'Nayor Pro Tem Henn, Mayor
Curry, Counci�` %ember Webb, g ounc ember dner
A.V
27. MORNINGSI,b)E RE(C+VERY DE OPMENT AGREEMENT (DA2010 -001) TO
PROVIDE,ENTITc) EMENT FOR THE OPERATION OF RESIDENTIAL CARE
FACILITIES THE CITY WHILE SO CONTAINING LIMITATIONS ON THE
TOTAL NUMB ([P C)NTS IN ECOVERY FOR DRUG AND ALCOHOL
AB E ON OC', IES AT ITS CURRENT FACILITIES AND
IN TH NII T TLA ZONE, "AND CONTROLS ON THE OPERATION OF
HESE FACILI S. [1;00 -20101
y Attorney Hunt rifled tfii' details of the ordinance.
concerns regarding the transport of patients at the Lido Marina
Lori Morris e eed concern for the Morningside presence in Lido Marina Village.
Laura Curran expressed concern for exceptions made in the agreement.
Mary Helen Beatificato, Legal Representative for Morningside Recovery, clarified that
there is no intake facility in Newport Beach, there is no methadone clinic of any kind
operated by Morningside, that Morningside fully intends to comply with the Development
Agreement, and that they intend to keep good relations with the residents of Newport
Beach.
Candice Bruce, Morningside Recovery CEO, commented on traffic congestion around the
Via Lido facility and noted that the loading area will be moved to the front of the building.
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In response to Mayor Pro Tem Henn's question, City Attorney Hunt clarified that the use
of the location in Lido Marina Village complies with the zoning code.
Mayor Pro Tem Henn noted the substantive changes that have been made to the original
agreement that provide a much better basis for enforcement and how public input has
helped Council craft a much improved version of the development agreement.
Motion by Mayor Pro Tem Henn. seconded by Council Member Webb to adopt
Ordinance No. 2010 -18 approving Development Agreement No. 2010.001.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosan Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Mein - ' ardn Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XIX- ADJOURNMENT -Adjourned at 9:12 p.m. in mmeinory o Elizabeth
The agenda for the Regular Meeting was p'&o'sted:on September 21, 2010 i"1:53 a.m. on
the City Hall Bulletin Board located oude of the City of Newport Beach
Administration Building. '
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