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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 November 23, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session November 9, 2010 — 3:30 p.m. I. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Council Member Webb, Council Member Gardner, C II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE In response to Mayor Pro tem Henn's qA of Orange County Cities), City Manager increase in the membership fees and noted 2. LEAF BLOWER SURVEY Pro Tom Henn, Mayor Curry, filaber Daigle ding Item S15 (Propel Association ied that there is not a significant is a chance that they may decrease. Project Analyst Bunting utilized a wer resentatra" ,that included the results from the landscape company serve h eowner `' P P Y Y, t tion vey, and the resident and business survey. He chacussed the co estim es and atives. In response to Council c'&stions, Proj Analyst Bunting stated that half of the surveys were completby the ganagement co anies and the other half were completed by the homeowner as ti ons (H0 ), noted t t the current proposal does not include parks, stated that reside, s r ? to be more ncerned about gas powered leaf blowers than r electr' dd mation has been included. City Attorney H , arifie the posed ordma til will supersede HOA CC &Rs. Council Member D e beli ftd that leaf blower bans should be handled by the the HOA's ernance strutter ' nstead the City. City Attorney Hunt stated that the ordinance ca a written to sta that if tKere is an accepted and identified BOA that has effective CC the City's or nance will not apply. The other option is to have the HOA regulate the ban arately. In response R ildine's question, Projects Analyst Bunting stated that vacuums are currently exclu om the ordinance. Hunter Cook expressed concern about the sound impact, believed that the City is giving more concern to the maintenance companies instead of the residents, and recommended that Council adopt a full ban. Frank Hughes asked Council to consider Alternative 1. Dan Brusal believed that vacuums and leaf blowers have the same noise impact. Council Member Gardner believed that the ordinance should not be enforced Citywide, asked staff to come back to Council with a proposal for a ban in certain areas, and suggested that the vacuum issue be referred to the Environmental Quality Affairs Volume 59 - Page 618 City of Newport Beach City Council Study Session November 9, 2010 Committee (EQAC). Mayor Pro Tem Henn believed that HOAs should have the power to decide for themselves on the leafblower issue, suggested that the ban include both electric and gas powered leafblowers, and stated that vacuums should be allowed. Council Member Rosansky expressed support for allowing HOAs the ability to decide on banning leafblowers in their area, stated that HOAs should be allowed six months to decide if they would like to opt -in or opt -out of the ban, and believed that the vacuum issue should be referred to EQAC. Mayor Curry expressed support for the opt - in/opt -out option, stated that the leafblower issue in Corona del Mar should be addressed, stated thati= skiff should decide if commercial areas and Fashion Island should be excluded from t1p pan, anal agreed that the vacuums are less impactful. t Council agreed that City parks should not be ' eude" 'n the City's orcance. a :. City Manager Kiff clarified that Council, ctio a that the ordinance mclicie a Citywide ban in residential areas; HOAs can agree to ut of the Citywide ban; the'&n will apply to gas and electric blowers; vacuums will be chided from the ban; commercial areas, City parks, and medians will bq,, excluded from ban; and a phase -in period will be implemented. Mayor Pro Tem Henn suggested the governance structure. it should be directly to City Attorney Hu that the Cjk _not get involved in HOA internal regulations and that the or ante Jested elude that HQ'49 will not be subject to the ban if it does not take an action. 3. CITYWIDE 1*'Work6 :IR' e for %dum utilize owerP oint presentation that included the need purpose for i �§,suy and how speed limits are set, and highlighted maps, the ey results, and e xt steps. to Counc' "Member Gardner's question, Police Captain Johnson stated that the to have a c,' rent survey with a speed limit to match. Council Me'*er Galner expressed concern that every time the speed limit is raised, it allows for moul+ , A& safety concerns. In response to Council Member Webb's question, Police Chief Johnson stated that the officers primarily use laser /radar guns to determine vehicle speed instead of pacing vehicles. In response to Council Member Rosansky's question, Public Works Director Badum stated that it is common for drivers to drive at a speed they are comfortable with. He noted that staff is open to looking at creative solutions for traffic calming in certain areas. In response to Council questions, Public Works Director Badum stated that he will have staff further evaluate the streets that Council is concerned with. He stated that the guidelines come from Caltrans and are approved by California legislature and the Volume 59 - Page 619 City of Newport Beach City Council Study Session November 9, 2010 M 5. Transportation Commission and added that the City's recommendations can be changed at any time, especially if conditions change. Council Member Webb expressed concern about Riverside Avenue's speed limit. Mayor Curry stated that when the State sets speed limits, it takes control away from local government. In response to Council Member Selich's question, Police speeding tickets were issued on Bayside Drive over the last 2010 CALIFORNIA BUILDING CODES, 2010 INTERNATIONAL FIRE CODE. Interim Community Services Director Fick PowerPoint presentation that included the pur local adoption process, City Council options, the Newport Beach Municipal Code, how t .4e process, noteworthy 2010 California Co equi Building Standards Code, 69 total 1 recommendations, and the ape cial fire protecti Council Member Selich expx more input is needed before needed. In response to Council Member Da are 13 new amend, to the Fire stated that 33 CODE AND THE 2009 for the new Calif =r- rp the new codes Ps affect projects nts, proposed am 3ment changes x map. Gamble utilized a rnia Building Code, proposed revision to Qlt are presently in ndir�nts, the Green o 4 Fire Code, for st recommendation and believed that for Cur I XTeed that user group feedback is Gamble stated that there W.R. Dildine pressed upport for aa,4ting the Building Code and suggested that the Building and Boar f Appeals be involved in the process. 1y Manager K€kmutihz PowerPoint presentation that included the Ad Hoc Committee ork Plan, inform :ion no der Committee purview, the Newport Harbor Moorings, the range County Gra'i,`@ Jury nga, Committee principles, rate proposal, how affordable moorings, moor(Ygs after purchase, transfers, Committee recommendations, rate su tions, ratio i other areas, proposed Newport Harbor Marina Index, revenue compa ons, cost cc parisons, Harbor costs and revenues, total Harbor expenditure, Harbor re' ues, net.surplus, costs to be determined, direction to staff, and photos. a In response QOiincil Member Daigle's questions, City Manager Kiff explained why harbor fees ha ,` not been raised since 1996, discussed annual fee adjustments, and discussed fee transferability. Council Member Selich explained the transfer methodology. Mayor Pro Tem Henn discussed the net deficit of Harbor Tidelands revenues versus projected Harbor Tidelands expenses, and assured harbor users that they will be asked to pay only their fair share towards the support of the harbor. In response to Council Member Webb's question, City Manager Kiff explained transferability between family members, but stated that the definition of "family member" will need to be defined. Volume 59 - Page 620 City of Newport Beach City Council Study Session November 9, 2010 Chip Donnelly and Patricia Newton, Newport Mooring Association (NMA), utilized a PowerPoint presentation that included the Harbor Mooring fees, a budgetary analysis, transferability, the transferability document, and their recommendations. Dan Gribble expressed concern about the transferability process. Bill Moses thanked City Manager Kiff for his hard work and expressed concern that the issue has not been afforded due consideration by Council. John Fratkin expressed concern that the proposal is not dispensable. Greg Hatton outlined issues with the proposal and discussed John Beady read an article from the October 8, 201%kindepe versus berthing. Gary Reasoner expressed concern about fair fees an quire upon transferability. John Heffernan suggested that the City a transition period should be utilized. Sherman Stacy expressed concert '"out charges time, urged Council to not elimh aie" t ability services are associated with moorings. Jim Mahoney discuss onshore homeowners. , and legally alternatives. and discussed moorings about tae reimbursement t private pier permits and believed that N for oorings that cannot be used all the to tr er moorings, and noted that no the rate difference paid by Jim Benson %eIx un to take the eff#ens into consideration. John Yeamose cern t hat the`' ,ay needs to be dredged. amount of the increase and believed that the fees shot be ouncil Member Gdner s ested that this issue be continued to allow for more ussion. She addecthat ther is a need to link the philosophy and rationale in order to ex p some of the ntinbers in the proposal. Mayor em He 'stated that fair market value needs to be established in order to be able to say at ea kind of harbor user is paying his fair share. He noted that the existing syste` ` or ,`pricing moorings is, in effect, a fair market value system for moorings, but that is not ' Fact a low cost system. He discussed fair market value and how mooring users are creating private value from a public asset. He believed that the current transferability system is only accessible to those with enough money to write a big upfront check, and that the current wait list procedure is completely disfunctional. He noted that the City is trying to provide mitigation by switching to a new system through the allowance of a transfer for a certain period of time, and agreed that the item should be brought back at another meeting. City Attorney Hunt explained that it is not possible for an individual to accrue private value through public property. Mayor Curry agreed that the item should be brought back for more public discussion at the Volume 59 - Page 621 City of Newport Beach City Council Study Session November 9, 2010 November 23, 2010, meeting. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 6:00 p.m. The agenda for the Study Session was posted on November 3, 2010, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 622 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting November 9, 2010 — 7:00 p.m. I. II. III. IV. STUDY SESSION - 3:30 p.m. CLOSED SESSION - 6 :00 p.m. A. Conference with Le ea. vvuaaaca - uai (a)): Three matters: 1. Status Report on Pending Litiguooj pending litigation involving th ' ity. action, however, may be taken on ' ,i 2. NextG u. City of Newport Beach, USE 3. Pike u. City of Newport h, USDC 4. Montalvo vs. City of New"'art Befit ,, 11 Ze will report on` , lobal basis on all s is an informatio4otem only. No unless it is specifically ill iced below. Case No. SACV10 -01286 DOC (Jcx). 3s h o. 08 -8580 DSF (RNBx). ;SC C o. 30- 2010- 00414993. 1. Pote litigat" n regarding f1`ieat of notice of violation from California Coastal Com on folbrush clearan4 allegedly being performed without a Coastal Developm t P n City Sunat Ridge Park property prior to City ownership. 2.btiei� litig 'pn over raise orine fees within the harbor. C. Negotiator Bill Avery; Human Resources Director Em Flo` 1.Or anizat'ons: Newport Beach City Employees Association (CEA); Newport Beach Pro "rionalnd Technical Employees Association (Prof - Tech); Fire Management Association (� ,) , E. The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. Title: City Attorney RECESS RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 59 -Page 623 City of Newport Beach City Council Minutes November 9, 2010 V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt announced that Council authorized 7.0 to defend Montalvo vs. City of Newport Beach either with outside legal counsel or through the Office of the City Attorney. VII. PLEDGE OF ALLEGIANCE -Council Member Webb VIII. INVOCATION - Reverend Peter D. Haynes Saint Church IX. PRESENTATION - None X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOU REPORT (NON- DISCUSSION ITEM) Council Member Daigle reported that th "T�, a�,nge County B Newport Beach Golf Course's lease for teu1ynd noted with John Wayne Airport (JWA). and All Angels Episcopal of Supervisors voted to extend the L,his can assist in the City's efforts Mayor Curry announced that he attended the dediedion a completion of the Upper Bay Dredging Project on Satur ttended the �essel dedications the OASIS Senior Center, and was presented with an or ay Foundatid�fplaque at a ceremony at Mariners Elementary School. n XII. CONSENT CALENDA A. RE _ IN S/ORD AND RESOLUTIONS MINUTE�OR E REGULAR MEETING AND STUDY SESSION OF ry� OCTOBER6, 2011` 100 -20101 Waive reading of subject minutes, approve as written, and otder file' Meiber Gardner requested that her comment on page 602 to tie Zoning Code be amended to read "invasive" not "evasive." 2. ftE C�DF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordi< ces and resolutions under consideration, and direct City Clerk to read by title duly. B. RESOLUTION FOR ADOPTION 8. SUMMARY VACATION OF A PUBLIC SAFETY EASEMENT - 2128 AND 2140 MESA DRIVE. 1100 -20101 Adopt Resolution No. 2010 -125 ordering the summary vacation of a 30 -foot public safety easement over a private alley bounded between Mesa Drive and Birch Street. Volume 59 - Page 624 City of Newport Beach City Council Minutes November 9, 2010 C. CONTRACTS AND AGREEMENTS 4. OASIS PARKING LOT WEST AND FIFTH AVENUE RESURFACING PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4524. [381100 -20101 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 5. PRINTING SERVICES FOR THE NEWPORT NATTGATOR AND SUMMER CAMP BROCHURES (C- 4331). [381100 -20101 a)' Award printing services for the Newport Navigator and Summer Camp brochures to Trend Offset Printing Services, Inc. ( "Trend "); and b) authorize theL'ity 1VP ager or designee to award up to three (3) additional years of printing services for Eli`s Newport Navigator and Summer Camp brochures to Trend th annual prig urcreases based on Consumer Price Index (CPI) and/or p er cos,�s. D. MISCELLANEOUS f. 6. APPROVAL OF COST -OFSER S RELATED TO HARBOR FEES. Approve the cost -of- services related h bor fees for inclusion in the next fee schedule. 7. ORANGE COUNTY RE A$E FR ' OSECUTION TRUST FUND AWARD. Authorize the C1 Counc, ' °tg;�ecept 0,000 award granted to the Police Department by the Orange Connty' Real Es ate Fraud Prosecution Trust Fund per C Policies F- nd Il L5. TherefeTB, to comply with Council Policy F -3, Cit oun must formal -.1 ecept the award of $50,000 and create a new appro tion to xpend the m gy. 8. HARBO AR MANAGEMIITT PLAN (HAMP) - FINAL ADOPTION. A .t it the frame w 'k for building integrated and sustainable " 0 a tha dress the a1 uses of Newport Harbor. .' CHAIR TH CITIZENS BICYCLE SAFETY COMMITTEE. Appoint Council Meier Gar r as the Chair of the Citizens Bicycle Safety Committee. t.. Y Y 3. Si _ PRO POSEDISSOCIATION OF ORANGE COUNTY CITIES. Direct the City anager to e,press the City's formal: 1) Support of a new Association of Orange ty Citie as a replacement entity to the Orange County Division of the Le e of y(alifornia Cities; and 2) support of the City of Newport Beach's co nti 5 d,p embership in the League of California Cities. motion by Mayor Pro Tem Henn. seconded by Council Member Webb to approve the Consent Calendar; and noting the amendment to Item 1 by Council Member Gardner. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Volume 59 - Page 625 City of Newport Beach City Council Minutes November 9, 2010 XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tom Henn reported that the Finance Committee met on Monday and discussed the issuance of bonds in association with the Civic Center project. He also reported that the Economic Development Committee (EDC) heard a presentation from OPIS100 who conducts workshops to assist small businesses understand how to be more successful in this economic time. He announced that the first workshop will be held on January 22, 2011, at 8:30 a.m. in the OASIS meeting room. XV. PUBLIC HEARINGS Without objection, it was the consensus of Council to 10. 11. 12. ADOPTION OF THE 2010 CALIFORNIA ADOPTION OF THE 2010 FIRE CODE CODE. 1100 -20101 Interim Community Development Direc fil, Fi, during the study session. He recommen th the State mandated provisions of the amendments that are non - substantive, and high fire hazard severity zones. Ip-stated that conducting workshops. Mayor Curry opened the public hearing. 10 and 11 together. 2009 INTERNATIONAL FIRE ed that a presentatio4 was provided mcil introduce the ordt�ance to adopt and Fire Codes, include the local ue the prohibition of wood roofs in Mans to incorporate public input after testimony, he closed the motion ov wunml memper 6eli0n conded by Council Member ( srdner to a) introduce O mane No. 2010 -23" a amended, and pass to a second reading on November 2010;. ) adopt Resoltion of Findings No. 2010 -127 on November 23, 2010; and c) int uce dinance No. 20 )1 -24 amending Title 9 of the NBMC to adopt the 2010 California F 4, Part 2' f the California Code of Regulations) and local ame 4h d t 2009 n Fire Code; and pass to second reading on �Nff� her 23 The motion carried the fo ing roll call vote: Ay"k Council Me noer Selicl; Mayor Pro Tem Henn, Mayor Curry, Council Member ,�x Webb, Counc Member Gardner, Council Member Daigle Absent 'puncil Me 'per Rosansky CHINA P1 CE 7SE PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY - USE PERMI f. 2010 -015. [100 -20101 P Council Member Rosansky requested that the item be continued. Mayor Curry opened the public hearing. Hearing no public testimony, he closed the public hearing. Motion by Council Member Rosansky, seconded by Council Member Webb to continue the item to the November 23, 2010 City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Volume 59 - Page 626 City of Newport Beach City Council Minutes November 9, 2010 Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 13. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA (SLBTS) (PA2008 -199). [68/100- 2010] Associate Planner Brown reviewed the Zoning Agreement's administrative protocol, indicated that the City and Sober Living by the Sea (SLBTS) have agreed to conduct the annual reviews at the second meetings in July, discussed the number of SLBTS facilities in the City, highlighted what code enforcement reviews whelE''conducting inspections, reported that SLBTS's 24 -hour hotline is (949) 554 -1147 and code enforcement can be reached at (949) 644 -3215, and reviewed dispersal of existing facilities and the Villa Way office and meeting facility. She indicated that the only Adiincompliance item relates to the Villa Way facility not having off-site parking, but revieiil "ecl suggested milestones for SLBTS to reach in order to work towards com "ance. She cd luded by reviewing the recommendations outlined in the staff report. _ In response to Mayor Pro Tem Henn's que has accepted the letter of protocol an II Recovery's protocols. He highlighted some Recovery's zoning agreements. He further parking across from their Villa Way facility. In response to Council Member` O'lai °: Attorney Wolcott indicated that the facility and ensure that compliance`')i excerpt from their standard protoce conducted retrainip '` he preferred Mayor Curr Tf pe Ed Dilkes, Sober Sylvia 5l5$T Exe N"cy Harris dis¢ rof a need for these , e clustering of re t, Bo nab asked if need "k,,be re -est: current'ap kfuture Denys Ober�m?' website as bei public Sea Attorney Hunt iridf6ated that SLBTS it is more inline W#4 Morningside between SLBTS's ant)' Morningside SLBTS's efforts to provide off -site .ing violations, Deputy City the facility to reinspect the �d that SLBTS submitted an ity's preferred method, and representative, indicated that he and Kathy idance to answer any questions. of recovery homes and believed that there will be more o in the future. She hoped that the City does not allow protocols are transferrable to new facility owners or if they would hed. He suggested creating a secondary agreement that binds ies to the protocol. that some facilities not listed in the staff report are on ADP's d by SLBTS. Cindy Koller asked if the Seashore Drive facilities can house probationers, who inspects the homes and determines if they are following the protocols, and who should the residents contact. Dennis Kiel asked that the hotline numbers be circulated throughout the community. Hearing no further testimony, Mayor Curry closed the public hearing. In response to the residents' questions, City Attorney Hunt stated that he can discuss the issue of protocol transferability with SLBTS. Mayor Pro Tem Henn suggested that the Volume 59 - Page 627 City of Newport Beach City Council Minutes November 9, 2010 City draft a separate document for SLBTS signature that addresses this issue and is binding. Regarding the Via Antibes facility, City Attorney Hunt indicated that the triplex is treated as one facility. He stated that he is not sure about housing probationers, but believed that SLBTS does not market to probationers. He reported that the City staff members involved in the group homes issues are in code enforcement, the Planning Department, the Office of the City Attorney, and the City Manager's Office. He clarified that the violation relative to medical waste involved urine cups and pointed out that the hotline numbers are on the City's website but they will make them more available. motion by Uouncil Member Webb seconded by Mayor Pro Tern Henn to a) find that the applicant has demonstrated good faith compliance, „with all but one term of its Zoning Agreement and establish milestones to address thaf one term; and b) receive and file documents submitted b SLBTS to demonstrate `' y gog8'fa'#th compliance with the terms of the Zoning Agreement. The motion carried by the following roll call vo Ayes: Council Member Selich, i er R sky, Mayor Pro Henn, Mayor Curry, Council Member Webb, Cou Me ; er Gardner Council Merriber Daigle XVI. PUBLIC COMMENTS Luis Longyear took issue with two Morongside Recovery ' ' 'ties being located on Lido Island. He discussed separation of facilities and prb' l' AA handout t ghlights State requirements. Joel Susky questioned whether the openmg:of the se” fr facility Lido Island was heard by a hearing officer and indicated that he did notreceive not c tiiinif it-did. He painted out that Lido "01 Island has CC &Rs that sho followed.` m.- F.t Frank Randall stated thew a council meni'er in South Pasadena 40 years ago and took up a similar issue; how eve hey all ed the halfway'house because it was provided by a not - for -profit organization and would b an a that would 604 cause problems to the residents. Mike Brant 74awlrp r but point " 5ut that coi believe that the Lido Is com ith all business i e Tom Billixithanked the the Lido Islaii facility A Civic Center pro mone Cindy Koller believee ,,tl neighborhoods. She relS are being harassed. jm sad violations is the first step to enforcement, r between he business, the community, and the clients. He is a boarding house, is considered a business, and should ent associations in their effort to fight this issue. He believed that find a more suitable location and the City should use some of the wilding group homes next to it. a judge has made a ruling that would allow sex offenders into instances where she and others who speak about group homes issues Steve Sutherland took issue with Morningside Recovery placing facilities in an R -1 zone. Denys Oberman indicated that the intent of having the dispersal and other regulations was to mitigate and reduce overconcentration; however, the facility owners are finding loopholes. She urged the City to mitigate overconcentration. In response to residents' comments, City Manager Kiff clarified that Morningside Recovery contacted him about three facilities and whether they met the distancing standard. Regarding the Lido Island site, he reported that he encouraged them to look elsewhere. He explained Sober Volume 59 - Page 628 i City of Newport Beach City Council Minutes November 9, 2010 ►Ii /1� Living by the Sea's (SLBTS's) bed count cap and how it can be dispersed throughout the City. He reported that he will request that the Police Department look into the issues discussed on River Avenue relative to harassment. Deputy City Attorney Wolcott reported that SLBTS is required to place any new facility outside of the Peninsula Zone in MFR - zones, but Morningside Recovery does not have the same requirement in its contract. City Attorney Hunt noted that the facility owners can place facilities anywhere, as long as they comply with the established caps and dispersement requirements. He reported that he will be meeting with the Lido Island Community Association (LICA) Board on December 1 at 6:00 p.m. to provide them with information. He assured everyone that the City fully intends to actively enforce the Zoning Agreement and that sex offenders are required to register with the Police Department. City Attorney Huge' noted emails staff has received regarding Balboa Horizon and that they will be addressing that at the hearing on Wednesday, November 17. He stated that SLBTS has agreed to;riot take any sex offenders. He encouraged everyone to contact code enforcement so that a#f "s ops can be taken to ensure compliance. Regarding the issue of boarding houses, he stq e'd that &9,up homes address single housekeeping units. Relative to for - profit businesses ope tmg in reside'f al areas, he noted that State law allows these businesses, so the City cannot 'anything as long "a,4 they operate under the purview of State law. He emphasized that the is noallowed to disci nate against the disabled. x' , In response to Mayor Pro Tem Henn's questions, ttorney Hunt reported that' pursuant to Ordinance No. 2008 -5, new reasonable accommodate ,facilities would be heard by hearing officers, not pre- existing facilities. Unless,the facilities %�e going in an MFR -zone, the Zoning Agreement gives Morningside Recovery an "d SI BTS the righ'€o choose their facility locations, as long as they comply with every requiremerif relnd to disperseAAt and client caps. Mayor Pro Tern Henn noted that the City is,dealing -vJ.t gal an` .regulatory frameworks that restricts any city from regul licensed six-at off that the City achieved Zoning Agr4; to reduce and limit the al n er of beds ofl six- and -under faciliti He re 'ewed how the regulate Morningside c©very d SLBTS facil encouraged the commum de enl arise. gfler faciii ,: He pointed out that the trade- its with these iwo operators is that they agreed kind for a duration of time, including licensed ty has been regulating and will continue to a, in addition to other facilities in the City. He ;went or the Police Department when issues 14. `" NSIDERATION F A RDINANCE AMENDING SECTION 7.04.030 OF T E 7 OF THE EWPO T BEACH MUNICIPAL CODE PERTAINING TO AN S PROHIB*ED ON PUBLIC BEACHES. [100 -20101 City Man r Kiff reviewed the staff report and highlighted the Parks, Beaches and Recreation mi don's (PB &R's) recommendation. Recreation and Senior Services Director Detwe ilrfitilized a PowerPoint to highlight the history of the dogs on the beach issue and P reasoning behind their recommendation. In response to Council Member Gardner's question, Recreation and Senior Services Director Detweiler indicated that PB &R did not support banning animals on harbor/bay beaches. Randy Seaton expressed concern with allowing dogs on Little Corona due to the environmental impacts that may be created. Tom Houston suggested that all animals be banned on bay beaches in order to improve beach and water quality. Volume 59 - Page 629 City of Newport Beach City Council Minutes November 9, 2010 Joe McCarthy expressed his concern with public safety and relayed an incident when he was attacked by dogs on the beach and questioned if the leash law will be enforced. Nancy Morran- Sanchez noted that the dog owners need to comply with the leash law and expressed support for the recommendation. Michael Hoerning suggested not establishing a time restriction during the winter. Shirley Reinker stated that she was able to get 347 signatures in support of not having a time restriction during the winter. Jim Uer expressed support for the proposed amendment. Sean Pence expressed concern relative to the beaches and the potential for diminishing the attack children even when on a leash. the Parks, Beaches and Recreation C issio 7.04.030 of Title 7 of the Newport Bea Mu p, beaches, as follows: 1) "Oceanfront Beaches an; prohibited on oceanfront beaches from 9:00 a. to year-round; 2) "Harbor/Bay Friarlj Beaches" - c animals from 9:00 a.m. to 5:00 p R' hA) that the City "Community Services Department'`'to theii�%rrent na f, of animal waste on the Le noted that dogs still �avor Pro Terri +T�nn to a) approve recommendation fKt mend Section L Code pertaining to Anmals on the e the current hours tha' animals are 5:00 p.m. to 10:00 a.m. to 4:30 p.m. ent hours will remain prohibiting ` ncil approves changing the term of as "Recreation and Senior Services Department;" and 4) that the City Council app rd , changi� "guide" dogs to "service" dogs AAc as defined under the American with Disabihtieso as to include all service dogs that assist the dis and b) mt> oduceu Ordinan o. 2010 -25 amending Section 7.04.030, of Title o port Beach M34d. ipal Code, pertaining to Animals Prohibited on Public Beache nd pas o second readzg on November 23, 2010. f. Council Membe4 ar r asked if Council wanted to consider banning animals on harbor/bay beache her W* believed that the City should continue to mon��rflib6'��atio d possi ething in the future, but not at this time. ,��YY�j3 r ayor Curry that PB He suggested that there be more accessibility to dog bags at the streetends and o erloca S. In ponse to Councit,Member Rosansky's questions, City Manager Kiff indicated that he can p' vide information to Council regarding how the City enforces its codes. Mayor Pro Tem He oted that he evidence is also in the Citizen Survey that was just released. The motion caied{q the following roll call vote: Ayes: Council Mee her Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVIII. CURRENT BUSINESS S16. AUTHORIZATION FOR 2010 CIVIC CENTER FINANCING DOCUMENTS. [100- 2010] City Manager Kiff utilized a PowerPoint presentation to discuss the project phase all-in estimates, all-in construction document phase, and highlight the Civic Center component costs. Administrative Services Director McCraner discussed the financing team, provided Volume 59 - Page 630 City of Newport Beach City Council Minutes November 9, 2010 the financing overview which is not to exceed $128 million, reported on the Certificates of Participation (COP), and discussed which City facilities will be included in the "leased premises" list. She reported that the financing structure contemplates using both Tax - Exempt Series A (COPs) and Taxable Series B [taxable COPs sponsored by the federal Build America Bonds (BABs) program]. She reviewing the financing estimates and reported on what will be included in the Preliminary Official Statement (POS). She emphasized that financing the project in this manner will save the City millions of dollars over the life of the COPs. She discussed the City's opportunity to use BAB money and highlighted the Facilities Replacement Plan. She reported that three independent rating agencies gave the City the highest bond rating and COP ratin6 available, and noted that Civic Center project financing can be viewed at www.newpo`rtbeachea.govlbonds. City Manager Mff provided an outline of the project m #stones and a summary, and highlighted the recommendations outlined in the staff rt orta;, In response to Mayor Pro Tem Henn's ques bridge over San Miguel is not included in the Council can decide if they want to include it in adopt Resolution No. 2010 -126 authorizing repai 2010 Certificates of Participation (COPS) in a" amo authorizing the execution and de 'very of certain` ci in connection with the issuan e and delive Amendment No. 11BA -017 appr riift funds net interest installments due through`-�uly 1 z2Q d and underwriter's discount and cost of issuaxe' av Understandings and e Amendment.. f Declarati 73 The Irvine Comp Council Meml and firm costs option. She a: Kiff indi;;bd, use. thanked an Committee, Wil this mai The motion danagetKiff indicated that the but they'conld go out to bid and until Member'M6sansk to a) ,n, execution, andcelivery of the not to exceed $128 million and ats and directing certain actions said COPS; b) approve Budget ary for the first principal and onal funds estimated for the co approve the two Mutual gcial Land Use Restrictions with would be ideal to already have the final bids due to the timing for the BABs that is not an e money if the price was lower. City Manager de what to do if the proceeds were above the - ommend looking at the next project on the bond counsel agreed that this would be an gratullated the financing team, staff, Building Committee, and emphasized the amount of money the City will be saving by the following roll call vote: Ayes: Council Nlmber Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Mayor Curry recessed the City Council meeting at 9:28 p.m. to hold the special meeting of the Newport Beach Public Facilities Corporation. SPECIAL MEETING OF THE NEWPORT BEACH PUBLIC FACILITIES CORPORATION PFC -1. ROLL CALL Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tern Henn; Mayor Curry; Council Member Webb; Council Member Gardner; Council Volume 59 - Page 631 City of Newport Beach City Council Minutes November 9, 2010 Member Daigle PFC -2. NEWPORT BEACH PUBLIC FACILITIES CORPORATION : REFINANCE 1998 CENTRAL LIBRARY COPS AND FINANCE CIVIC CENTER PROJECT. [40/100- 20101 Motion by Council Member Webb, seconded by Mayor Pro Tom Henn to adopt Resolution No. PFC- 2010 -1 authorizing the Board of Directors of the Newport Beach Public Facilities Corporation to enter into a Lease Purchase Agreement and certain other documents with the City of Newport Beach (City), in connection with the execution and delivery of the 2010 Certificates of Participation in order tg4efinance the 1998 Central Library COPs and to finance the Civic Center project. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Mem Curry, Council Member Webb, Council PFC -3. ADJOURNMENT - The Newport Be " at 9:29 p.m. back into the Regular the City Council were in attendance for XVIII. CURRENT BUSINESS (continued) FUq D 517. NEWPORT BEACH CIVIC C] SERVICES AGREEMENT I CONSTRUCTION SUPPORT Facilities Corpoi the City Council. nainder of the Res Tem Henn, Mayor Member Daigle i adjourned members of Meeting. AL OF PROFESSIONAL JACKSON (BCJ) FOR City Manager Kif ed a staff report, 3J discussed the not to exceed amount. In response Council questions, Pub`l' Works Director Badum indicated that he will provide a brea wn of osts to clarify t4. discrepancy on page 3 of the staff report. City Manager Kiff indt' ed J's costs have been fixed, but stated that the City has been dem „term ' di er nd exploring new ways to make the project bets ,but staff4}W1 co ue to do wha can to hold costs down. Motion hv Coundi7 Membbr Webb seconded by Council Member Gardner to a) rove a Professidal Ser s Agreement with Bohlin Cywinski Jackson, of San Cisco, California, or the ar 'tectural design services including Construction Support at a t to exceed prike of $3,935,112, and authorize the Mayor and City Clerk to execute the A '_ Pe an' b) approve Budget Amendment No. 11BA -016 appropriating $3,935,11 om thegMajor Facilities Master Plan Fund to Newport Beach Civic Center Project Acco y��k4 No1410- C1002009. The motion carrid 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 MOTION FOR RECONSIDERATION - None ADJOURNMENT - Adjourned at 9:35 p.m. in memory of Diane Coltrane The agenda for the Regular Meeting was posted on November 3, 2010, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting and the agenda for the Volume 59 - Page 632 City of Newport Beach City Council Minutes November 9, 2010 Special Meeting of the Newport Beach Public Facilities Corporation was posted on November 5, 2010, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 633