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HomeMy WebLinkAbout01 - Minutes - 03-24-2009Agenda Report 411 April 14, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session March 24, 2009 — 4:00 p.m. I. ROLL CALL Present: Council Member Henn, Council Member nsky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council MCC _ardner, Council Member Daigle II. CURRENT BUSI_NESS `; 1. CLARIFICATION OF ITEM THE CONSENT In response to Council que s r arding Item 6 (Surfing ng/Tennis Reserve Accounts), Recreation and Se ervices Director Detweiler ir'Micated that a needs assessment was not conducted. creation Manager Lohr reviewed the current number of sailing icipants dur the summer months and school year, and stated that the Cit ams co mph nt other sailing programs throughout the City. 4n: Regarding Item 12 dget P '' pda, Council Member Henn received clarificat; n from City nage udau the City received an updated estimate today t sales tax p t for the first quarterand that it was more than ant8ipated He indicated fat Administrative Services Director Danner will provide update ing tonight'sleeting. 2. ORADWEROUNTY MARATHON UPDATE. eatio nd Senior ces Director Detweiler announced that the marathon will take pl on Sunday, May 3, starting at 6:30 a.m. and highlighted the course changed how dealt with safety and impact issues, the number of volunteers needed the a t, and the public notification plan. She emphasized that staff will come to w rk with the OC Marathon organizers to ensure that all safety issues hove been resolved. She commended the Police, Public Works, Recreation, and Fir"�Departments for generating solutions to the many challenges associated with thig marathon. 8iit;4Baugh, OC Marathon Chairman of the Board, distributed a handout that illustrates how the course change creates a flatter and faster course, emphasized that safety is very important, and thanked Police Sergeant Fischbacher and Fire Chief Lewis for their creative solutions. Gary Kutscher discussed the timing for street closures and openings, and thanked the City for its assistance with the marathon. Bob Seagran, International Racing Company, reviewd the company's experience with marathons. He illustrated where the dedicated race directors, section commanders, water stations, volunteers, and medical aid stations will be located, Volume 59 — Page 111 City of Newport Beach City Council Study Session March 24, 2009 and reported that the event will utilize about 800 volunteers throughout the course. He discussed the lead/sweeper vehicles that will be utilized for down runners and assured everyone that the Newport Beach Fire Department will be the lead emergency services provider during the event. Peggy Fort displayed the residential impact zones within the City and discussed the public notification plan. She thanked the City for its partnership. Sergeant Fischbacher discussed police resources, parking zones, police deployment, and dispatchi event. He utilized a PowerPoint presentation explorers, and volunteers will be located th IE samples of public notices. He noted that th%ad only estimates, and expressed the imKarctment e ON is safe. He emphasized that the Fire in the event of an emergency . r ad closures and openings, no t resources involved with this explain where police officers, hout the course, and displayed closure and reopening times are ming Balboa Island as soon as it l have full access to the course Jim Digrado, Corona del M - -K C , expressed coi&gri about how the OC Marathon will impact the 5 ince it being held one month fore their event. He indicated that they were not d about the course change nd that this event has diluted their sponsorships. ell Member Gardner indicated that the date of the OC Marathon needs to be wo ;kN�.rt s place next year. In response to Counsila' stionsndicated that a list of charitable organizations that will be 'enefted on their website. He also committed to working with Jim b e no dilution of sponsorships will occur for the Corona deb; Mar 5K discussed the public notification that w' r on Balboa Isla.— - Removed from the agenda sp 91 of and provided reasons for building an Emergency at'the new ity Hall: Council Member Henn believed that the topic of having an EOC at the new City Hall is worth having additional discussion and recommended that the forum for this take place either with the Building Committee or during a Study Session. Following discussion, it was the consensus of Council to have this issue heard before the Building Committee and ensure that the meeting is noticed and conducted in the Council Chambers. Further, Council requested that they be provided with a report on the meeting and that staff provide alternatives for the EOC. Volume 59 - Page 112 City of Newport Beach City Council Study Session March 24, 2009 IV. ADJOURNMENT - 5:05 p.m. The agenda for the Study Session was posted on March 18, 2009, at 3:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 113 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 24, 2009 — 7:00 p.m. I. II. STUDY SESSION - 4:00 p.m CLOSED SESSION - 5:05 p.m. A. CONFERENCE WITH LEGAL, COUN EXIST,._ LITIGATION (GOVERNMENT CODE.§ 54956.9(A)): 1. Status Report on. Pendin I itig n: We will r A on a global basis on all pending litigation involvi the C This is an informs, al item only. No action, however, may be taken on unless it is specifically n d below. 2. Harvey u. City of Newport ach, Orange County Superior Court Case No. 07CC5400 B. CONFERENCE WITH COUNS ANTICIPATED EX_ POSURE TO LITI T N N__ DE §,54950.9 : Two matters: 1. Potent' exposure to 'tiga ' on tw ters based upon facts and circumstances thak t result in li n against the City but which are not yet known to a ntial laintiff or p tiffs and disclosure of the facts or circumstances would opardiz the City's abili to resolve the matter. C. CONFER . LEG COUNSEL - ANTICIPATED LITIGATION - IO LI VERNMENT_CODE.§ 54950.9(C)): One matter: 1. Po tial ation of litigation on one matter in which disclosure of its underlying exis fa nd circumstances would jeopardize the City's ability to conclude exist settle t negotiations to the City's advantage. D. PUBLIC EM LOYEE PERFORMANCE EVALUATION_ G! OVERNMENT_CODE 6 E. Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach. CAY—Ne otiaWr: Assistant City Manager David Kiff. Negotiating Parties: City and tenant interests. Under Negotiation: Terms and conditions of rentals at Marina Park. Volume 59 - Page 114 City of Newport Beach City Council Minutes March 24, 2009 III. IV. V. VI. VII. VIII. DC. K xl. RECESS RECONVENED AT 7:00. P.M. FOR REGULAR MEETING ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle CLOSE SESS.IONREPORT Regarding Harvey v. City of Newport Beach, City Attor Hunt reported that Council voted to authorize trial counsel to file post trial motions and in cted staff to bring back the issue of an appeal should those post trial motions not be success uncil also authorized the Office of the City Attorney to file a tolling action against th oastal mission to protect the statute of limitations with respect to the amendments to t astal Lan se Plan (CLUP), hold that action pending the Coastal Commission action at the' April meeting, a of serve it unless directed by Council. Al PLEDGE OF ALLEGIANCE - Counci bpfGardner INVOCATION - Reverend Martha Korie k, Saint Michael and All Angels Episcopal Church PRESENTATION Proclamation proclamation to and the City Ma Member reported School Council 1 Newport for National I Library Services - Mayor Selich presented the Director Pirtle thanked Council �por that the Boys and Girls Club in Eastbluff completed their remodel. gewpo Harbor High School on April 21 at 6:30 p.m., the Police Department will present "Keep Your Teen Safe" to provide resources for parents of announced that Saturday, May 9, is the ECO Fabulous Fashion Show at the y Center and that information can be found at http: / /ito.ocde.us. Council Member Henn announced that he is impressed by the number of activities in the City that are free to the public and announced that there will be a presentation on the wildcats of Orange County on April 2 at 6:30 p.m., at the Peter and Mary Muth Interpretive Center. Mayor Pro Tem Curry announced that he and Council Member Daigle attended the opening of the little league season and he attended the Newport Beach Jaycees annual installation banquet. He asked staff to come back with a report on potential funding sources applicable for City use offered by the stimulus package and the recently enacted Federal spending bill. Volume 59 - Page 115 City of Newport Beach City Council Minutes March 24, 2009 XII. C.QNSEN_TjCAlXNDAR A. READING,OF. MINUTES /O RDINANCE$.AND,RESOLI7TIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MARCH 10, 2009. 1100 -20091 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESO I TIONS. [100 -2009] Waive reading in full of all ordinances and resolutions un consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR ADOPTION Ail 3. AMENDMENT TO NUISAN4,= ABATEMEN RDINANCE TO PROVIDE FOR RECOVERY OF AfOR YS' FEES A COSTS IN NUISANCE ABATEMENT ACTIONS [100 0091 Adopt Ordi a No. 2009 -9 amending Section 10.50 -160 of the N }u orpBeach Municipal Code. C. CONTRACTS AND AGREEMENTS'' s. 4. AMENDMENT ADMINISTRAT NEWPORT BAY sign and execute Nutr' t, Fecal Cc Pr in the N 2 TO A'� OPERATIVE AGREEMENT FOR THE TOTAL MUM DAILY LOADS (TMDLs) IN 6 100 -20 Authorize the Mayor and City Clerk tc endment tot 2003 cooperative Agreement to fund lif m, an ox aximum Daily Load (TMDL) Studies and �wp A.. v Watershe . b. IL �L SERVICEPAIRS - APPROVAL OF AMENDMENT NO. 3 TO C PROFESS' AL SERVICES AGREEMENT (C11002). [381I00 -2009] A ov dment No. to Professional Services Agreement with oil well Service Com ' y fo we repair services and authorize the Mayor and City Clerk exec ahe amen fit. AUSCELLXNE0 7. PRO SED STAFFING AUGMENTATION IN THE OFFICE OF THE CITY ATT NEY. [100 -20091 a) Approve the request to staff the vacant part -time Deputy City torney position at the full-time level by establishing a new full -time Deputy City ttorney classification in the Key and Management unit; and b) approve the re t to continue the use of the temporary part -time contract attorney who was g the gap of that vacancy in order to assist in the legal work of the City as an ditional legal resource to the Office of the City Attorney. Motion by Mayor Pro Tem Curry to approve the Consent Calendar, except for the item removed (6). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Volume 59 - Page 116 City of Newport Beach City Council Minutes March 24, 2009 )III. ITEMS REMOVED FROM THE CONSENT CALENDAR G. BUDGET AMENDMENT - SURFING /SAILING/TENNIS RESERVE ACCOUNTS. [100- 2009] In response to Laura Curran's questions, City Manager Bludau stated that the sum of money is based on gross annual revenues that are derived from the programs and is not necessarily 20% of the reserves. He explained that the reserves can be used to replace equipment and when major projects are needed as part of the Capital Improvement Program (CIP). He stated that this request comes to Council around the s ca time each year. Council Member Henn added that if all questions were not answered, s n call Ms. Curran and provide the information she needs. Motion by Mayor..Pro Tem .Curry to a `ve dget amendment (09BA -043) in the amount of $49,310 to transfer funds from tfing, sa g, and tennis reserve accounts into the General Fund. The motion carried by the followin ll call Wle: Ayes: Council Member Henn,1.,Member Rosansky, Mayo ro Tem Curry, Mayor Selich, Council Member We bb, nncil Member Gardner, Council Member Daigle PUBLIC ?m; XV. HEARINGS ly„ 8. PROPOSED UNDERGR ILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS - MESA DRIVE, CYPR S S T ANDPORTION_OF ORCHARD DRIVE (continued from the 3 /10 /0 meetin 0 -2 91 City Atto t stated tha t ' tem was con 'nued from the March 10 meeting to allow staff tim °o wor with the Co and make amendments that Council requested. He noted that c nges to the staff repo and minor changes to the Memorandum of Agreement (MOA)e dist buted today as r nested by the County of Orange. Chief of Staff, thanked City staff for their work on inotron by_. unciig .ember Rosanskv to a) adopt Resolution No. 2009.15 approving the Amended En eer's rt and Revised Boundary Map; b) adopt Resolution No. 2009 -16 approving the xpenditure of RDA funds; and c) approve the Third Amendment to the ` emorandum Agreement with the County of Orange with changes. Th otion c ried by the following roll call vote: Ayes: Member Henn, Council Member Rosansky, Mayor Pro Tem. Curry, Mayor Sel , Council Member Webb, Council Member Gardner, Council Member Daigle 9. APPEAL OF HEARING OFFICER'S CONTINUANCE OF USE PERMIT HEARING (UP2008 -030) - 1115 WEST BALBOA BOULEVARD (OCEAN RECOVERY) (PA2008- 101). [100 -2009] City Attorney Hunt stated that this is the first appeal under the use permit ordinance and reported that the Hearing Officer continued the matter for six months. He also reported that the appeal was filed by an interested third party, there is a question as to whether the appeal is appealable, and noted that the ordinance states that the Hearing Officer only has the right to approve, conditionally approve, or disapprove a use permit application. Volume 59 - Page 117 City of Newport Beach City Council Minutes March 24, 2009 Assistant City Manager Kiff utilized a PowerPoint presentation that included information from the previous hearings, maps, a findings chart, and deliberation information. He stated that the idea to defer the issue for six months was originated by staff Mayor Selich opened the public hearing. Deputy City Attorney Wolcott reported that staff consulted with outside counsel prior to considering a continuance and stated that staff became more concerned about the situation after hearing the testimony from the neighli She believed that a continuance was the right approach in this case. Larry Mathena,'appellant, provided Council wit °- handout and stated that the evidence presented at the hearing was exclusive to 1115 oulevard. He expressed concern about the enforcement of the ordinance, the proxi y to of facilities and schools, violations of zoning codes, secondhand smoke, and th ' bhc meetin.. held. He urged Council to reject the six month probationary period and ply the City's law i rational manner. In response to Council ques not being properly enforced. believed that the tlinance is not clear and is Sean O'Connor, counsel for Ocean Re ry, stated that the staff report explained the issue correctly, contended tha the Hearing O r did not provide a final decision, and believed that only a final decisio a appealed. "also stated that the Hearing Officer continued the matter after receiving e endaa City staff. City Attorney Hunt stated at this i ue xsndard of appeal and that the issue of whether the ,Jearing Office de n con d an abuse of discretion needed to be were In respo 11=11 residents ncil. He poi t that the tonight's hea is subject to only matters that Otting's q tion, City Attorney Hunt stated that the time allotted for the discreti of the Chair. Paul stator that neighboPs provided specific examples and pictures relative Ocean Recovery. be li d thatthe operator misrepresented several facts by stating that no clients have s, the scourage smoking, and they have a full-time manager onsite. He also stated that g ges are eing used as meeting rooms, storage rooms, and living rooms, and urged Council enforce the law. urged Council to deny the use permit because of the burden it has placed on She stated that the location is noisy, has second -hand smoke, and has a of people in and out. Dick Nicols believed that the facility is not zoned for the area and urged Council to enforce the rules. Denys Oberman referenced the map to articulate the conditions and to show the overconcentration of group homes in the area. She believed that the Hearing Officer was presented with compelling information that he may not have had in advance and also believed that it was not appropriate for the Hearing Officer to grant a use permit. She urged Council to deny the use permit. Laura Curran believed that the use permit should either be approved or denied, and expressed concern that the ordinance failed to provide clear and measurable enforcement. Volume 59 - Page 118 City of Newport Beach City Council Minutes March 24, 2009 Mr. Mathena stated that there was no confusion as to where the nuisance originated and the evidence is reason enough to deny the use permit. He believed that the ordinance is not being applied, it is inappropriate to grant the six month probation period, and the Hearing Officer's decision was not independent. Sean O'Connor stated that they are doing their best to be a good neighbor and agreed that the Hearing Officer did not make a complete decision. After hearing no further testimony from the public, Council Member Henn stated that the question be so, was there an abuse of discretion_ He believed temporary use permit and it is his belief that th9 out that a hearing was held and closed comment, the use permit conferred righ the ordinance that allows the granting o be remanded back to the Hearing O r supported Council Member He sugg resolution. City Attorney Hunt geste added to the motion. Selich closed the public hearing. uncil is if there was a decision, and if t a clear decision was made to grant a was an abuse of discretion. He pointed inting the public an opportunity to efined, and there is no basis under 3e rmit. He suggested that the issue mat were i temporary a prompt dec Council Member Rosansky on and stated the would like a quick the phrase "with substantial evidence" be In response to Council uestions, City ttorney Hunt stated that he believed that it is a standard condition to a review a uggested that the Hearing Officer's decision be independent of re com ons from cil. Assistant City Manager Kiff clarified that there wasn't an agree ent aranteed approval if conditions were met; however, there was discussion at th end of t ring r ive to granting the continuance. City Attorney Hunt stated that th ordina wo d to be interpreted in order to characterize this as a t : ': ary use perm o continuan . He believed that a change of relief can be consider an abuse of discr He added that there is no maximum time limit for conti ces. Motion C,o__ cil Member nn to a) find that a decision was made and that the g o em ;-use p it constituted an abuse of discretion, made without Is ",,ce; b) rem - e matter to the Hearing Officer to make a prompt decision on the m of atter; and c) in considering the merits, request that the Hearing Officer review w r falso r misleading statements have been made and to consider including the smoking reg tions c istent with the ordinance as one of the conditions if a use permit is granted. e motion ca ried by the following roll call vote: Aye ounc' Member Henn, Council Member Rosansky, Mayor Selich, Council Member ouncil Member Gardner, Council Member Daigle Noes: M r Pro Tem Curry 10. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT (UP2008 -033) - 1216 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVERY) (PA2008 -104). [100- 2009) Motions Mayor Pro Tem Curry to a) at the request of the applicant, continue this item to the April 14, 2009 meeting due to a non - reconcilable conflict in the applicant's attorney's calendar; and b) continue this item to the April 14, 2009 meeting with no further continuances to be allowed. The motion carried by -the following roll call vote: Volume 59 -Page 119 City of Newport Beach City Council Minutes March 24, 2009 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS. FROM CITY COUNCIL ON COMMITTEE ACTIVITIES . Mayor Selich announced that the City Hall in the Park Concept Plan will be discussed at the April 14 Council meeting. Council Member Daigle thanked Council for their support in el cting her to represent the City on the Southern California Association of Governments (SCAG) clarified that the air quality item that was pulled at the Aviation Committee will be going back . the committee and then to Council. Council Member Henn reported that at the Economic o ment Committee (EDC) meeting, they received a presentation about the future of the D Pilot believed it opened communications vl between the City and the Daily Pilot. He recoended tha t ` e presentation be conducted at a Council meeting or at Speak Up Newport. It w�e "the consensus o ouncil that the presentation be presented at Speak Up Newport. He also re &�?te at the group h s Hearing Officer considered the Yellowstone use permit and reaso Gle ac modations appli ons, and based on staff recommendations, all four locations w eni subject to the prepar n of the resolution. He stated that the permit for 900 West Balbo evard was approved, the wport Coast appeal will be heard by Council at the next meeting, and t acific Shores hearing will be heard by the Hearing Officer on March 25 at 2:00 p.m. a concluded by ouncing that the Environmental Quality Affairs Committee (EQAC) tabled inde l• any recomm ation to Council as to whether leaf blowers be banned in the City. Mayor Pro Tem Curry reported that' a Fin an ittee' eard a report from staff regarding water rates and potential a tments, andlso t a first t the Facilities Finance Plan which will be discussed in conjun o' ith budget rations. XVI. PUBLIC comavrTm FANN John Dowden sta t '' a attended 2e Marina Park meeting and learned that the project is sche exte the ,Ok 14. He urged Council to allow the Marina Park tenants to y an the a until pe are granted and the project is ready to begin. ilerbert Williams a ed Co q to allow the Marina Park tenants to stay until the end of 2010 and ted that doing this ould geate additional lease funds for the City. Do Otting annou'ced that April 4 is Testicular Cancer Day and explained the side effects xtntri . g to the co ition and the importance of early detection. 11. PLANNYPIr, COMMISSION AGENDA FOR MARCH 19,2009.[100-20091 Planning Director Lepo reported on the following items: Balboa Island Village Inn (PA2009- 014) - 127 Marine Avenue; Balboa Inn Hotel/Sienna Restaurant (PA2008 -197) - 105 Main Street; and Spatique Massage Establishment (PA2009 -005) - 120 Tustin Road Suites C & D. XVIII. CONTINUED BUSINESS 12. BUDGET PRIORITY UPDATE. 1100 -20091 Administrative Services Director Danner provided an update on the current fiscal year. He reported that he and City Manager Bludau met with the Department Directors to discuss their budgets and will be presenting the information to Council in May. He reported on the Volume 59 - Page 120 City of Newport Beach City Council Minutes March 24, 2009 three largest revenue sources for the City (sales tax, Transient Occupancy Tax (TOT), and property tax) and stated that there has not been a significant increase in delinquencies or assessment appeals in the City. He discussed Proposition 13, SBA 13, supplemental taxes, and budget revisions, and stated that he is comfortable with the estimates that he provided. In response to Council questions, Administrative Services Director Danner stated that the TOT estimate has not been reduced, car sales tax revenue is significantly down, and the funds needed for outside counsel will be taken out of the operating reserves (Item 14). He projected a General Fund shortfall of $3.3. million and the C' has addressed the shortfall by implementing a soft hiring freeze, 2% budget reductions in each department, and a capital projects reduction in the amount of $1.9 million. H�= indicated that relative to the next fiscal year, all departments were asked to reduce th " "budgets another 2% and reduce capital expenditures by $2 million. He stated that the) 6tureview will begin early May. 13. COUNCIL REVIEW OF STAFF STA CITY COUNCIL'S 2009 PRIORITIES; City Manager Bludau utilized a actions of seven of the 13 Counc: regarding the enforcement and : provided information about the the General Plan. She c rm( Council prior to sending _ �i (HCD). XIX. CURRENT BUSINESS ON SEVEN OF THE PW' erPoint£'presentation to shAssirt a objectives, targets, and ioriti Assistant City Mansupplied information �a t of group homes; and City Manager Wood tlignmt of the City's codes, regulations, and policies with I that a teuised Housing Element letter will be presented to State Depaetiment of Housing and Community Development 14. PROPOSE DGET AMI,')9DMENT REGAIVDING OUTSIDE COUNSEL EXPENSE. City ASrney H t reviewed the taff report and explained the line items that are needed to be transfd the General und. He also stated that the augmented budget f6r his Motions Co 1 Member_.._Webb to a) approve a budget amendment (09'A -044) to transfers 1 of 000 from General Fund unappropriated operating reserves to cover forecasted ou 'de Wu expense for the balance of the fiscal year; specifically allocating: (1) $292,000 to t e Office the City Attorney's ( "OCA ") budget line item 0510 -8080 to cover expenses and' ees forecast .for eelgrass mitigation program issues, IBC litigation, Beek igation (CQA and Election issues) and outside counsel assistance for Civil ce/Perso el System review; (2) an additional $150,000 to OCA budget line items 0510- 088 coveforecasted additional code enforcement outside counsel expenses; and (3) an additio 00,000 to the Internal Services budget line item 0605 -6021 for outside counsel expenses ith respect to group homes issues. XX. MOTION FOR RECONSIDERATION - None XX1. ADJOURNMENT - 9:45 p.m. The agenda for the Regular Meeting was posted on March 18, 2009, at 330 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 March 20, 2009, at 11:38 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 121 City of Newport Beach City Council Minutes March 24, 2009 Recording Secretary Volume 59 - Page 122