Loading...
HomeMy WebLinkAbout01 - Minutes - 02-10-2009Agenda Item ill February :24,2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session February 10, 2009 — 3:00 p.m I. II. III. Ll1 ROLL CALL Present: Council Member Henn, Council Member Council Member Webb, Council Member CURRENT BUSINESS 1. CLARIFICATION OF ITEMS 2. PRESENTATION FROM EXPENDITURES. Fire Chief Lewis provi of planned overtime, v questions regarding shift < 3. INSURANCE RENEWALS Rishet '�er barley introd Broo pivided an c He d that there is a quaker of 2010. enter i do busine meeting. H there being Mayor Pro Tern Daigle, Mayor Selich, icil Member Gardner - None ON FIRE DEPUTMENT OVERTIME Power Point Nntation relative to the Fire Department's use elief, aned overtime. He responded to Council ha caand options to reduce overtime. i e City's Insurance Broker, Mark Zahoryin of Brown and v ew of the market for the annual insurance renewals. ios 'bility of rate increases in property and casualty insurance it W " -Mr. Zahoryin explained why he believes insurance will ket and discussed the viability of insurance companies to potentially City. He reported that options will be discussed at the next Council t the March renewals may show modest rate decreases without i s in coverage. None o:zu p.m. The agenda " e Study Session was posted on February 4, 2009, at 2:50 p.m on the City Hall Bulletin oard located outside of the City of Newport Beach Administration Building. The amended agenda for the Study Session was posted on February 6, 2009, at 2:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 76 City of Newport Beach City Council Study Session February 10, 2009 Recording Secretary Volume 59 - Page 77 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 10, 2009 — 7:00 p.m. I. STUDY.SESSION - 4:30 p.m H. CLOSED SESSION - 5:20 p.m A. Conference_ with Lez li Government Code-§-54956. 1. Potential litigation red Beach due to its notice 2. City of Irvine objections Conceptual Design Plan. Code 54956.9 "; Mu it Potential initiation of aba City ordinaq and have not and City =_Exposure._to Litigation ig <Fuj- ill's operating - e ating its operatin QrA to approval of in] initiatinn of i.i at Corona del Mar Business Area bup homes that have not conformed to 2009 deadline. Human Resources Director, Terri Cassidy, and Dave Kiff 111 city bargaining units Present: Counc Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society IX. PRESENTATIONS • None x NOTICE TO THE PUBLIC Volume 59 - Page 78 City of Newport Beach City Council Minutes February 10, 2009 M 6`4 CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE LIKE PLACED__ON,_ A.-FUTURE AGENDA FOR DISCUSSION ATN. OR REPORT (NNSCUSSIONITEN : Council Member Daigle reported that the stimulus package may be favorable for the Army Corps of Engineers by resulting in a $2 billion budget increase that could be applied toward the ongoing Back Bay project and potential Harbor dredging projects. She also reported that there will be possible revisions to the California Environmental Quality Act (CEQA) and a possible elimination of Level of Service (LOS) indicators for automobile travel. She provided the background for growth control and the LOS, and reported that after contactin/the range County Transit Authority (OCTA), she received a three page letter from them that d concerns about the weakening of the LOS. She provided staff with the letter. Council Member Gardner asked if Council has announced that there will be a City - sponsore March 5 to discuss how to conserve water in garl Council Member Rosansky requested the screening of rooftop equipment on ea uthori change the solicitation hours and er Wise eting at the Centrals Library on or be. br t he Council regarding Mayor Pro Tem Curry announced that he at ed the Citizen Emergency Response Team (CERT) dinner on January 31 and atte d the Relay fo e Kick -Off on February 7. He noted that Relay for Life will be held on May 16 a ort Harbor School. Mayor Selich announced that then) will be Hall g on February 14 at 10:30 a.m. at the Balboa. Fire Station to discuss the B boa Isla d Utilities District. He urged residents to attend. V1 C. UNDURNED REGULAR MEETING OF JANUARY 27, U z . EETING OF JANUARY 27, 2009. [100 -2009] Waive minutes, approve as amended and order filed. NG ORDINANCES AND RESOLUTIONS. [100-20091 Waive in full all ordinances and resolutions under consideration, and direct City read by title only. 5. D OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE A2Z RECYCLING SERVICES, INC. [421100 -20091 a) Adopt Resolution of ntention No. 2009 -4 setting the public hearing for March 10, 2009 to consider the award of a Non - exclusive Solid Waste Franchise to A2Z Recycling Services, Inc.; and b) introduce Ordinance No. 2009 -6 granting a Non- exclusive Solid Waste Franchise to A2Z Recycling Services, Inc., and pass to second reading on march 10, 2009. 6. STREET SWEEPING PARKING RESTRICTIONS ON OCEAN BOULEVARD IN CORONA DEL MAR. [100 -2009] a) Rescind Resolution No. 2008 -5; and b) adopt Resolution No. 2009 -5 establishing NO PARKING restrictions for street sweeping along the south side of Ocean Boulevard from Carnation Avenue to Dahlia Avenue. Volume 59 - Page 79 City of Newport Beach City Council Minutes February 10, 2009 XIII. E. (3 ai 9 by CONTRACTS AND AGREEMENTS 7. AMETHYST AVENUE -SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT (C -4063) - AWARD OF CONTRACT. 1381100 -20091 a) Approve the project plans and specifications; b) award the contract (C -4063) to John S. Meek Company, Inc. for the total bid price of $76,972.90 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $12,000 (150% of total bid) to cover the cost of unforeseen work. MISCELLANEOUS 8. UNSCHEDULED VACANCY O THE PARKS, BEACHES AND RECREATION COMMISSION. to- Confirm the nominations of Thomas Anderson (District 3) and Ron a (Distri ) by the Ad Hoc Appointments Committee to fill the unsched vacancy as a r t of the resignation of Cristine Trapp. 9. ENVIRONMENTAL C SUL G SERVICES FO ENVIRONMENTAL IMPACT REPORT ( 1901 WEST CLIFF IVE - MARINERS MEDICAL ARTS BUILDI [100 -20091 Receive and file. Council 10. QUALITY AFI recommendation 11. Member i to reflect b voted n n this item. k TO ENVIRONMENTAL [100 -20091 Approve EQAC's to the Committee in the LEND TO ACCEPT A CHECK FROM CALIFORNIA IRY A APPROPRIATE FUNDS FOR LITERACY SERVICES YEAR 0 9. [100 -20091 Approve a budget amendment (09BA -038) diture a opriations by $11,077 in Division 4060, Literacy, and to ue s for the same amount in Account No. 4010 -4832, try Literacy Services. tested that Page 72 of the Regular Meeting minutes (Item 1) be to Item 14. Pem Curry to approve the Consent Calendar, except for the Items removed amendment to Item 1 by Council Member Gardner and the no vote on Item The motion C~y the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tom Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT, CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA (SLBTS). [100 -20091 Dick Nichols believed that the agreement legalizes Sober Living by the Sea's (SLBTS) 1.56 beds. He expressed concern about integral facilities, that no CEQA study was conducted, and that the State is threatening to release prisoners who may end up housed in some of Volume 59 - Page 80 City of Newport Beach City Council Minutes February 10, 2009 No these facilities. Max Liskin provided Council with a handout that discussed the difference between "beds" and "occupied beds," and expressed the importance of the daily census information. In response to Council Member Henn's questions, City Attorney Hunt stated that any substantial change to the agreement will require that the item be brought back at another meeting; however, Paragraph 14 provides the City with the means to confirm the use of the property, and also identifies the City's rights to audit he accuracy of the documents and conduct onsite inspections. Assistant City Manager nfirmed that Exhibit G requires SLBTS to state the number of beds they have an oes not allow SLBTS to have more people than beds. Council Member Henn encour d staff to work with SLBTS to see if a census approach can be utilized in addition hat is allotted in the agreement, but emphasized that he is not recommending th e C end the agreement at this time. Motion by Council Member Garc Implementation and Public Benefit Newport Beach ("City ") and Sober A The motion carried by the Ayes; Council Member Henn, Coun Selich, Council M er Webb, 4. A GENERAL PLAN PLAN AMENDMENT, A NEW, SINGLE - FAMILY CA NERi UROM RETA( DLAN P NITY "G041 ad opt Orelating to a Zoning between the City of vote: aber Rosansky, Mayor Pro Tem Curry, Mayor ,Member Gardner, Council Member Daigle . IT, P D COMMUNITY DEVELOPMENT P LOW THE DEVELOPMENT OF A PO -ION OF THE BIG CANYON GOLF ENT WOULD CHANGE THE LAND AN D R CREATION (PR) TO SINGLE -UNIT (RS -D); THE PLANNED COMMUNITY /TENT WOULD AMEND THE BIG CANYON ,NGE THE LAND USE DESIGNATION FROM Y RESIDENTIAL" (PA2007 -210). [100 -20091 Elaine' o ted that Stop Tolluting Our Neighborhoods (SPON) will not oppose the project b eked t the native vegetation at the rear of the property be preserved. In response ' Counci ember Daigle's question, Planning Director Lepo stated that the project will b going be a the Planning Commission for review. otion b a or Pro Tem Curr to adopt Ordinance No. 2009 -5 approving Planned munity ,a evelopment Plan Amendment No. PD2007 -005. Them carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Daigle Noes: Council Member Gardner ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported that staff provided a presentation to the Economic Development Committee (EDC) regarding the status of the City's budget. Regarding the group homes use permit hearings, Council Member Henn reported that the Newport Coast Recovery's application was denied on February 4. He also reported that the Ocean Volume 59 - Page 81 City of Newport Beach City Council Minutes February 10, 2009 Recovery hearing is scheduled for February 12 and the Yellowstone Recovery hearing is scheduled for February 20. He noted that the abatement deadline is February 23 for facilities that did not apply or did not receive a use permit. He assured everyone that staff will vigorously pursue the facilities that need to be abated. Council Member Gardner expressed appreciation to staff for negotiating and resolving the City's differences with the. California Coastal Commission regarding the Local Land Use Plan, and thanked Elaine Linhoff for her input and information that she provided. XV. PUBLIC HEARINGS 12. AIRPORT BUSINESS AREA INTEGRATED CEPTUAL DEVELOPMENT PLAN (PA2007 -170 AND PA2008 -063) - APPRO - THE AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVEL E LAN THAT WOULD ALLOW FOR FUTURE RESIDENTIAL AND M SE DEVE OPMENT ON THE KOLL AND CONEXANT PROPERTIES WITH ITHE AIRPO AREA THROUGH FUTURE REGULATORY PLANS. [100 -20 Mayor Selich stated that staff CC) mmeed that the item be owed at the applicant's request. He noted that the conce an will be processed with regulatory plan. Motion by Council Member.Webb move the item at the request of the applicant. The motion carried by '" wing roll ca te: Ayes: Council Member enn, a Pro Curry, Mayor Selich, Council Member Webb, Council Me er Gard cil mber Daigle Absent: Cc Member Ro nsky 13. AVIS ANT CAR FAC Y (PA 2008 -124) - 4200 CAMPUS DRIVE (CODE AM ' ME NO. CA2008 2 AND USE PERMIT NO. UP2008 -04.4) - THE CODE NDMEN WOULD AP Y THE INTERIM STUDY (IS) OVERLAY TO THE SUBJE( P I TY REV[ G DISTRICTING MAP NO. 35 AND APPROVE A Y P T HES DEVELOPMENT REGULATIONS FOR THE SU T - OPERTY ICH PROVIDES FOR IMPLEMENTATION OF GENE P POLICIES; AND THE USE PERMIT WOULD ALLOW THE EXPANS AN PERATION OF A VEHICLE RENTAL FACILITY. [100 -2009] Councll Me er Daigl stated that this item is before Council because of the interim overlay and pointed t that the issues were already addressed by the Planning Commission. tion b ouncil Member Gardner to introduce Ordinance No. 2009 -7 (Attachment 4) ap ving ode Amendment No. CA2008 -002, and pass to second reading on February 24, 2009; dopt Resolution No. 2009 -6 (Attachment 5) approving Use Permit No. UP2008- 044, e tive upon the effective date of the Ordinance implementing Code Amendment No. CA2008 -002, subject to the findings and conditions found in the Resolution. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky XVI. PUBL C COMMENTS Regarding the Local Land Use Plan, Elaine Linhoff expressed concern for the possible loss of marine Volume 59 - Page 82 City of Newport Beach City Council Minutes February 10, 2009 facilities on the Bay for the boating industry, noted that the Bay is one of the City's main assets, believed that the City is losing its marine industry, expressed disappointment with having mixed uses in the Mariner's Mile area, stated that the public should know what is planned for Mariners Mile, and expressed concern about the increase in traffic on Coast Highway. XVII. CONTINUED BUSINESS 14. COUNCIL APPROVAL OF THE WORDING, ACTION STEPS AND SCHEDULE FOR IMPLEMENTATION OF THE CITY S 2009 PRIORITIES. [100 -2009] City Manager Bludau stated Council conducted th ' annual priority setting meeting on January 10 and developed 13 priorities. He pro ' ed a PowerPoint presentation which highlighted the priorities listed in the staff revortt In response to Council questions, City John Wayne Airport (JWA) priority be noted that the settlement agreement fi cannot negotiate_ However, he note Supervisors. He offered to de v p a clarified that the spheres agree i il s nothing to bind the agreement issues be discussed at the next Aviatioi ;er Bluda tated that air quality is part of the it has a bi r impact than water quality. He is a four part eement in which other cities ther cities can pressure on the Board of to reach out to othe ties in the County. He adopted by resolution a emphasized that there utely. Mayor Selich suggested that the airport ,mmittee meeting. Regarding the bent priority, until Member Henn stated that it is important that,this priori no the imp Sn'Committee n of finality and clarified that he would like staff to generate recd endati lowinmeasurement process_ He stated that this priority will be discuss at th x meeting so there is a clear understan f what is exp ted a noted t this will be brought back to Council. Co Napp Me ber Henn requested that the second objective in the group homes priority be aread, "Enforce the February 22, 2009 abatement deadline on homes that did nofor or re ceive Use Permits." In response to Mayor Selich's questions regarding the Lower Buck Gully fire hazard priority, Fire Chief Lewis stated that the City is waiting for guidelines and parameters from the State, maps will be presented to Council, and a public hearing will be held. He clarified that Senate Bill 1595 is CEQA and Coastal Commission exempt. City Manager Bludau stated that if a property is not cleared by October 27, a letter of recommendation and a suggested action will be presented to Council for additional direction. He also stated that the City has had to clear properties in the past and the fees were placed on the homeowners' tax bills. In response to Council Member Gardner's questions regarding the Traffic Management Plan, City Manager Bludau stated that the idea is to have a remote sight to control Volume 59 - Page 83 City of Newport Beach City Council Minutes February 10, 2009 streetlights during events, maintenance, and other special needs. Public Works Director Badum stated that there is a traffic study for the new City Hall location and that it includes the Newport Center area as a whole. In response to Council questions, City Manager Bludau stated that the cost estimates for Marina Park are being refined and that he will recheck the target dates for rewarding the bid and completion of construction and report back to Council. Council Member Gardner believed that the park plans for the Banning Ranch site should include an active park area. Council Member Daigle stated that, relative Ztoe�.adredging of the Lower Bay, the City is waiting for results regarding the risk analysal alternatives. Motion by.Council Member Henn to to the 13 Council priorities for 2009, as q The motion carried by the Ayes: Council Member Henn, C6 Selich, Council Member Webb, XVIII. CURRENT BUSINESS 15. ORAL STATUS REPOT FROM SEPTEMBER 204 TO the her Rosansky, M: Member Gardner, recommendation relative Tem Curry, Mayor Member Daigle ACTIONS AND PROJECTS Harbor Res o s Manager iller " ounce t at the September Harbor Commission meeting, mission re 'v a report regarding the Mitigated Negative Declaration (MND) the o Channel a He reported that they will be able to dredge 8,000 cubic yard good s d that will be used to replenish sand along the shore zone. He reported that o cil ap 'roved the warni letters for sea lions in November and announced that the Hoag Cu heduled June 12 -14. He also reported that Planning Director et w the ar sion to look at rules for mooring transferability. This will be ught Council in spring. In respons Coun Member Rosansky's questions, Harbor Resources Manager Miller stated that re and ill not be placed in Balboa Island at this time because it is a high impact are due to the large number of piers. He discussed the sand plenishmeat Channel Reef and China Cove, and reviewed the sand movement study South Ba ont and the H Mooring areas. In re to Council Member Daigle's question, Harbor Resources Manager Miller stated that a ge group of volunteers formed the Mooring Master Plan Subcommittee. He also stated that the Harbor Commission has an Overhang Subcommittee that is working on amending the ordinance that allows vessels to extend 10 feet beyond their slips. He noted that the current overhang rule includes the pulpit He also reported that the Marketing Subcommittee is currently working on developing a brochure that will include maps, rules, pumpout station locations, and other important Harbor information. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:48 p.m. in memory of Corona del Mar resident Laverne Volume 59 - Page 84 City of Newport Beach City Council Minutes February 10, 2009 Carstensen, former Parks and Recreation Director Ron Whitley, and former City Manager Robert Coop The agenda for the Regular Meeting was posted on February 4, 2009, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Regular Meeting was posted on February 6, 2009, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 85