HomeMy WebLinkAbout01 - 09-22-2009 - MinutesAgenda Report #1
October 13, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
September 22, 2009 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Council Member nsky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Counci ' mbe rdner, Council Member Daigle
IL CURRENT BUSINESS
1. CLARIFICATION OF ITEMuaOTFFE CONSENT C NDAR.
u
r-
In response to Council Me r rdner's question regardi Item 8 [Affordable
Housing Agreement with Sea Lutheran Plaza], Assistant ity Manager Wood
stated that staff will clarify if it is Avible for the City to apply for post -grant funds.
In response to Cc ` "' ember Henn's e_ stion regarding Item 15 [Acceptance of
2009 -2010 State of C ' or "" ce of Tr c Safety (OTS), DUI Enforcement and
Awareness Program G nt AL olice fain Johnson explained the process
for receiving funds fro�the St a n d at they never incurred an incident
where ds were no ref ed. City 'U rney Hunt stated that the State has a
leg lig n to fund ants; however, they can avoid the legal obligation
t ugh procei 'ngs. Council Member Daigle expressed concern about
vulner bility of cost p ,grams. City Manager Kiff indicated that staff will
close as ant program unded by the State.
spo to Couunc T er Henn's question regarding Item 16 [Review of the
FY 8.2 Community Development Block Grant Consolidation Annual
Perfo nee Evaluation Report (CAPER) to the U.S. Department of Housing
and Ur n Deve ' ent], Assistant City Manager Wood stated that she will clarify
if surpl funds olled over and provide a report at the regular meeting.
STREE SWEEPING PILOT CONTRACT PROGRAM.
Vner ervices Dire ctor Harmon utilized a PowerPoint presentation to discuss the
treet sweeping pilot program, the current program costs, condition of the
ehicles, and recent City contracts. He explained that the program will
entail reassigning two full-time staff members and hiring an independent contractor
for a twelve -month term to work in pre - selected, non - posted areas in the City.
In response to Council questions, General Services Director Harmon noted that the
funds in the reserve account will not cover the cost to replace the six diesel sweepers
with new Compressed Natural Gas (CNG) sweepers and reported .that there are
approximately three contractors that use CNG equipment. He indicated that the Air
Quality Management District (AQMD) no longer allows cities to contract
with companies that use diesel equipment. He stated that the program term could
be adjusted, recommended that one contractor be used for the pilot program, and
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City Council Study Session
September 22, 2009
discussed the reasons for utilizing a twelve month term. He reported that staff will
benchmark the service to compare service levels and perform a cost comparison with
other cities in the County-
Council Member Henn applauded staff, believed that options should be compared,
and indicated that pension cost increases should be included in
the analysis. He believed that a pilot program is not needed, suggested that staff
move forward with a one month review period to set guidelines and to prepare a
Request For Proposal (RFP), and expressed concer .that using one company for the
pilot program will create an advantage over er qualified companies. Council
Member Daigle emphasized that both priva and public entities are capable of
delivering quality service. In response to R neil Member Daigle's question, City
Manager Kill stated that he would like - e to be no more than six months.
Mayor Pro Tem Curry expressed suorort of a month pilot program. Council
Member Gardner expressed sYded or a twelve m h pilot program to allow time
to evaluate the level of servicecil Member Webb ressed concern about the
lack of information staff pr other citi es st sweeping efforts and
expressed support for a t ve mo�ut pilot program. Co Member Rosansky
expressed support for a twely pilot program. Mayor Se expressed support
for a short term pilot progra ter hearing Council views, Council Member
Henn suggested th t the pilot pro be shortened as much as possible in view of
budget concerns. H o stated that, asr a face even more pressure to cut spending,
our first priority m assure thil the City's efficiency and operating cost
structure be addre d efore w - urn to reductions in the Capital
Improvement Progam IP) and p k alue.
3. STATU F BUCK
PROJECT.
gineer /Assis City Engineer Stein utilized a PowerPoint presentation
I the project si photos of City property, proposed improvements to the
derings, previ s Morning Canyon slope failures, Buck Gully problem
h asemen concerns of property owners, project funding
the propo " "" r*edule, and the City's next steps. He discussed the
t staff is facing to obtain easements from property owners and
t would like direction from Council.
CounIn ember Ctardner announced that she attended a Buck Gully community
meetind requested that Council allow staff to perform more outreach to inform
residf the importance and value of the project. She reported that the grant
funds City has aheady acquired for this project cannot be reallocated and would
stave returned to the State.
In sponse to Council Member Gardners. questions, City Attorney Hunt believed
that this is not a liability issue, but a health and safety issue. He clarified that the
intent of an easement is to give the City the opportunity to do the work and does not
allow the City to take further action.
In response to Council Member Rosansky's questions, Principal Engineer /Assistant
City Engineer Stein believed that an Assessment District could be formed and noted
that the repair cost increases with loss of sediment. He added that the City does not
own property at the project site; however, damages could reach Coast Highway.
In response to Council Member Henn 's question, City Attorney Hunt stated that the
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City Council Study Session
September 22, 2009
City has no legal obligation to perform the work and indicated that it would be very
time consuming and problematic for the City to take action by eminent domain.
Mayor Pro Tem Curry believed that property owners were misinformed
and expressed support for making more efforts to educate residents on the
importance of the project.
In response to Council questions, Principal Engineer /Assistant City Engineer Stein
stated that relative to the Morning Canyon slope, Jallure, there were no erosion
control efforts and the City cleared the bottom Q the canyon prior to the slope
failure. He stated that unless all property own in the area allow access, nothing
can be done for the project and noted th detaining water upstream creates
difficulties because of selenium anrlarified quality issues. He believed that
the existing easement is only parti use but is not sufficient for the
project. Public Works Director Badu�}} th a Coastal Commission would
not approve the project using the a� btiement. as Council's consensus that
another strong effort to get the r�Zi ssaements sho _ e undertaken.
4. CONSIDERATION OF ka,UE_ ATMG A COUNCIL P CY REGARDING
VOTING CITY LAND IN AS MENT DISTRICT BALL ING.
City Attorney H t asked Cou to consider the issues outlined in the
report, consider altej%tives, and provtdw ?direction.
Council Member Gar er be that Co should not vote during Assessment
District Balloting. Co Membe b exp ed concern about fees to residents
on failed Assessment stricts, ' d d that Council should vote. Council
Memh igle believe th there sho be a better way to obtain upfront
cos ayo Pro Tem C elieved that it would not be appropriate for the City to
v since it might skew a vote and force taxes on residents. Council Member
sky bf lieved that Co il should vote on behalf of City properties. Council
Mem H * d that he ' uncomfortable with voting on behalf of City property
exp ed cdn s City would be imposing taxes on residents. He noted
t o should vote vor of a project only when it is in the best interest of
the c anxpressed support for the last alternative outlined in the staff report
which allo Council to make a voting decision as early as possible. Mayor
Selich a expreal support for the last alternative outlined in the staff report. It
was the nsensus of Council to direct staff to proceed with the last alternative as
outlined the staff report.
)ildine believed that Council should vote yes on all Assessment Districts on
City property-
FU
III. BLIC_ COMMENTS -None
IV. ADJOURNMENT - 5:55 p.m.
The agenda for the Study Session was posted on September 16, 2009 at 5:05 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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City of Newport Beach
City Council Study Session
September 22, 2009
Recording Secretary
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 22, 2009 — 7:00
I. $T DDY SESSION - 4:00 p.m
II. CLOSED SESSION - 5:35 p.m
A. Conference with Legal Counsel -
54956.960): Thirteen matter(s):
1. Group Homes Matter§P011el
litigation brought axnst th
litigation and six ter u
Department of Justice De
as follows:
matters all ari \beihe f the Group Homes
ity, five cases state and federal
r investigatio United States
tment of Housrban Development
a. Fi i ws in litigations follows:
1. Coed Citize -4's v. City of Newport Beach, U.S.
Distri Case ) SACV 08- 00192 -JVS (RNBx)
2. be ivi ng By #f iie Sea v. City of Newport Beach, U.S.
at Court Case No. SACV 08 -00200 JVS (RNBx)
3. Ckj of Newport Beach v. Morningside Recovery,
Oraxe County Superior Court Case No.07CC11694
4, me Shores v. Newport Beach, U.S. District Court
Case No. SACV 08.00457 AG (PLAx)
Newport Coast Recovery v. City of Newport Beach, U.S.
District Court Case No. SACV 09 -0701 DOC (ANx); and
Six matters all arising out of the Group homes investigation
brought against the City, as follows.
1. Pacific Shores v. Newport Beach, U.S. Dept. of Housing
& Urban Development Investigation No. 09 -08- 0592 -8
2. Newport Coast Recovery v. City of Newport Beach, U.S.
Dept. of Housing & Urban Development Investigation No.
09 -09- 0713 -8
3. 'Paul Murdoch v. City of Newport Beach; U.S. Dept. of
Housing & Urban Development Investigation No. 09.09-
0831-8
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City Council Minutes
September 22, 2009
4. The Kramer Center v. City of Newport Beach, U.S. Dept.
of Housing & Urban Development Investigation No. 09 -09-
0833-8
S. Oxford House v. City of Newport Beach, U.S. Dept. of
Housing & Urban Development Investigation No. 09 -09-
0830-8
6. Yellowstone v. City of Newport Beach, U.S. Dept. of
Housing & Urban Development Investigation No. 09 -09-
0834.8
2. One Civil Code Enforcement Mat t6. . City of Newport Beach v. Leason,
Orange County Superior Court Cei0.2008- 00102565; and
3. One Specialty Litieatio otter_ 1I v. City of Newport Beach,
Orange County Superior t Case No. 30.20 00115375
III. RECESS
IV. RECONVENED AT 7:00
V. ROLLCALL
Present: Council Member
Selich, Council N
VI. CLOSED SESSION REP
City Attome
(City of £�vp
VII. PLEDGE.
reported
!ach. v. h
sky, Mayor Pro Tern Curry, Mayor
Gardner, Council Member Daigle
authorized the filing of an appeal for Item I.a.3
Recovery).
- Council Member Rosansky
Our Lady Queen of Angels Church
mgnf g Film Liaison Joseph Cleary - Mayor Selich read the
ntie la ager Everroad provided a background of City film production.
thanked Council and staff for their continued support.
Council Member Gardner discussed the re- opening of the Friends of the Library Bookstore at
the Central Library and the opening of the Performance and Fine Arts Center at Sage Hill
School.
Mayor Pro Tem Curry reported that a program will be starting next week to install seven
yield signs on the Port Streets. He also reported that the Balboa Station Post Office, Balboa
.Island Station Post Office, and- Bay Station Post Office will not be closing down, and
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City Council Minutes
September 22, 2009
congratulated the Chamber of Commerce for another successful Taste of Newport event.
City Manager Kiff reported that he will be providing a report on the City's fiscal situation
given the economic downturn at the October 13 meeting.
XIL CONSENT, CALENDAR
A. READING OF MINUT�ORDINANCES AND RESOLUTIONS
D.
1. MINUTES OF THE REGULAR M�TING AND ADJOURNED
REGULAR MEETING OF SEPTEM 8, 2009. [100 -20091 Waive
reading of subject minutes, approve ntten and order filed. [Council
Member Rosansky abstained on t .' item]
2. READING OF ORDINANC D Zsideration, TIONS. Waive reading in
full of all ordinances and rip utions un and direct City
Clerk to read by title only,
3. CHANGES TO NBA ,e 11.08.010 (OBSTRUCTION ON PUBLIC
BEACHES PROHIB D) AND NBMC 11.08.020 (USE OF
CONCEAL NG UMBR AS PROHIBITED). [100 -2009] Adopt
Ordinance 2009.18 am
g Sections 11.08.010 and 11.08.020 of
Chapter 11: of the Nd , ort Beach Municipal Code, to further
regulate the ee o" coverin on ocean beaches, bay beaches, and
tidelands.
4. M ORDINA ICI! PAMENDMI ITS TO CODIFY FILM LIAISON
P ITION, RE E PERMITS FOR COMMERCIAL FILMING AT
PR ATE RESI NTIAL PROPERTY, AND AMENDING APPEAL
P VISIONS. [1 20091 Adopt Ordinance No. 2009 -19 updating
C 6.46, regula g commercial film production.
SION _ -HOUR PARSING LIMIT ON A PORTION OF
SN HARBOR ROAD. 1100 -20091 Adopt Ordinance No. 2009 -20
ppro revisions to the Preferential Parking Zone "2" - Newport Heights
6. ST RECOVERY ORDINANCE - CHAPTER 3.86. [100 -20091 Adopt
Fhe t Recovery Ordinance No. 2009 -21, amending Exhibit A to Chapter 3.36
Newport Beach Municipal Code.
8. v AFFORDABLE HOUSING AGREEMENT WITH SEAVIEW
LUTHERAN PLAZA (C4382). [381100 -20091 a) Approve the affordable
housing agreement, and authorize the Mayor and City Clerk to execute the
agreement; and b) approve a budget amendment (10BA -011) transferring
$135,000 from the Affordable In -Lieu Housing reserve account #010 -3619 to
the Economic Development Other Miscellaneous Expenses account #2720-
8300, to provide funding for Seaview Lutheran to replace its water delivery
system.
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September 22, 2009
9. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH NEWFIELDS TO FINALIZE THE
DREDGED MATERIAL PROGRAM FOR NEWPORT HARBOR (C-
4115). [381100 -20091 a) Approve Amendment No. 1 to Professional Services
Agreement (PSA) with NewFields to finalize the dredged material program
that is currently being conducted in Lower Newport Harbor; and b) approve
a budget amendment (10BA -014) taking $75,000 in unappropriated
Tidelands Fund balance and assigning these funds to Capital Improvement
Project #7231- C4402001 (Newport Harbor Dredging Project).
11. 2008 -2009 CITYWIDE SLURRY Saki, - COMPLETION AND
ACCEPTANCE (C4086). [38/100 -20 a) Accept the completed work; b)
authorize the City Clerk to file a No ' of Completion; c) authorize the City
Clerk to release the Labor and bond 35 days after the Notice of
Completion has been recorded accords with applicable portions of the
Civil Code; and d) release kh Faithful P " rmance Bond one year after
Council acceptance.
12. CORONA DEL MAR;- LANDSC IMPROVEMENTS
-AWARD OF CONPT- #1C(C4089). [38/100 -2009 pprove the project
drawings and specifica#d€ins; b) award the contract (C -4089) . to Hondo
Company Inc. for the tot2%� price of $113,330.00, and authorize the Mayor
and the C* Clerk to exe$ute the contract; c) establish an amount of
$11,333.00 r the cost oreseen work; and d) approve a budget
amendment OB in the amaimt of $22,000 from the Citywide Median
Maintenance unt 3•C20fit�8 to Account No. 7013- C2002027.
13. BDRAIN I PROME "_= OJECTS - COMPLETION AND
EPTANCE 9). [38/10 0091 A) Accept the completed work; b)
out prize the City erk to file a Notice of Completion; c) authorize the City
Cle to release th Labor and Materials bond 35 days after the Notice of
Cop�;� letion has been ecorded in accordance with applicable portions of the
,i�'�„ and d) re' ase the Faithful Performance Bond one year after
14. DITI TO ASSESSMENT DISTRICT BALLOTING
IDELI S FOR PROPOSED NEW AND INCREASED SPECIAL
SESSMENTS. [89/100 -2009) Adopt the Assessment District Balloting
idelines as supplemented.
ACCEPTANCE OF 2009 -2010 STATE OF CALIFORNIA, OFFICE OF
TRAFFIC SAFETY (OTS), DUI ENFORCEMENT AND AWARENESS
PROGRAM GRANT (AL1087). [100 -20091 a) Accept grant funding from
the Office of Traffic Safety (OTS) in the amount of $192,000 to fund a
Driving Under the Influence (DUI) Enforcement and Awareness Program
(Grant No. AL1087); b) approve a budget amendment (10BA -015) in the
amount of $192,000 for the Police Department Budget for Fiscal Year
2009/2010 to fund the OTS, DUI Enforcement and Awareness Program
grant; and c) authorize the Administrative Services Director to establish
revenue and expenditure accounts to facilitate the administration of these
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City Council Minutes
September 22, 2009
XIII.
grant funds.
Motion by. Mayor Pro_,Tg1p !Qgrry, sewn ed by ,..Council. Member Webb to
approve the Consent Calendar, except for the items removed (7 and 10); and noting
Council Member Rosansky's abstention to Item 1.
The motion 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 Gardner, Council
Member Daigle
7. ORDINANCE CLARIFYING T CI COUNCIL TERM LIMIT
PROVISIONS OF THE CHARTEI F THE Y OF NEWPORT BEACH.
(100 -20091
Lori Morris requested clarific on relat,IVe to term of office:
Council Member Webb e Was - support for the ordina . Council Member
Gardner requested that Council sit the issue of appointments at a future study
session, ww'',,
Motion y Mayor N - Curry' se ded bv Council Member Rosansk to
introduce Ordinance o. adding %pter 1.32 of the Municipal Code, and
pass to second reading Octobe 009. P.
The mo a carried by th follo g roll ca te:
Coun Member H ` , Council Member Rosansky, Mayor Pro Tem Curry,
Mayo Selich, Coun Member Webb, Council Member Gardner, Council
em r Daigle
WP B1I CENTER PROJECT - APPROVAL OF
T NO 3 T ROFESSIONAL SERVICES AGREEMENT WITH
BO C NSKI JACKSON FOR IT SELECTION SERVICES (C4136).
In respo a to Cour 61 questions, City Manager Kiff noted that the City Hall Project
Design T m will be holding a public meeting on September 30 at 6:30 p.m. in the
Council ambers, discussed future milestones for the project, and when cost data
will be ailable.
Cc ' Member Henn requested that a complete cost breakdown of the project be
diet ibuted to Council well in advance of the November EIR approval action.
Motion by Council Member Gardner, seconded by Council Member Webb to
approve Amendment No. 3 to the Professional Services Agreement (PSA) with
Bohlin Cywinski Jackson, of San Francisco, California, for IT selection services for
the Newport Beach Civic Center at a not to exceed price of $5,780, and authorize the
Mayor and City Clerk to execute the Amended Agreement.
The motion carried by the following roll call vote:
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City of Newport Beach
City Council Minutes
September 22, 2009
)UV.
K!7
Ayes: Council Member Henn,
Mayor Selich, Council
Member Daigle
Council Member Rosansky, Mayor Pro Tem Curry,
Member Webb, Council Member Gardner, Council
ORAL REPQRTS.F..ROM CITY_CQUN _ CIL ON COIYIMITTEE ACTI_VITIES
As a member of the Aviation Committee, Council Member Daigle reported on the Duke 1
Navigation System and indicated that the Airport Working Group (AWG) will be holding a
meeting on October 7 at the Central Library. She also announced that the Santa Ana
Heights Advisory Committee will be holding a Mesa- BircPark Dedication on September
28. s
_s'
Council Member Gardner reported that the reason n Wayne Airport (JWA) broke the
noise restriction last week was due to a medical a neyllife flight. She stated that the
Coastal/Bay Water Quality Committee will b comm ng that the City sign on to an
interim agreement for the Poseidon Projects d reported , t the Environmental Quality
Affairs Committee (EQAC) discussed placid restrictions on leWlowers.
Council Member Henn reported„
(EDC) discussion regarding the Tr
an last year's Film Festival, and note
29. He also reported that the July 4th
for managing the crowds anwill be h
Mayor Pro Tem Curry n
that was donated by The
PUBLIC HEARINGS
16.
the
THE
TO
Economic
Committee's
Of Synchronization Progi' provided statistics
next years festival will be ld April 22 to April
pittee is working on establishing long term goals
next meeting on September 28.
Orange ty Parks Commission and the property
8 -2009 COMMUNITY DEVELOPMENT BLOCK
ANNUAL PERFORMANCE AND EVALUATION
U.S. DEPARTMENT OF HOUSING AND URBAN
De Santis reported on findings listed in the
the public hearing. Hearing no testimony, he closed
mncil Member Rosansky seconded by Mayor Pro Tem Curry to
Draft Consolidated Annual Performance and Evaluation Report
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 Gardner, Council
Member Daigle
17. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND
REASONABLE ACCOMMODATIONS FOR YELLOWSTONE RECOVERY -
1621 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); 1561
INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); 1671
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City Council Minutes
September 22, 2009
PEGASUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); AND
20172 REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) -
(UP 2008-034) (RA 2009 -04) (PA2008 -105). 1100 -20091
Mayor Selich noted that the applicant requested that this item be continued to
November 24.
Mayor Selich opened the public hearing. Hearing no testimony, he closed
the public hearing.
Motion.by Council Member Rosansky,
approve the item to be continued to the No
The motion carried by the following roll
Ayes: Council Member Henn, CouncI'.
Mayor Selich, Council Member
Member Daigle a"
18. AN APPEAL OF THE NII
PERMIT FOR A FUL V--
DRINKING ESTABLISHMEN b T;
PERMIT FOR PARKING WAI 3
AT 4525 WEST C HIGHWAY.
Webb,
by Mayor Pro Tem Curry to
2009 meeting date.
Mayor Pro Tem Curry,
tuber Gardner, Council
COMMISSION'S NIAL OF A USE
HIGH TURD EATING AND
BEER AND WINE SERVICE AND USE
HRONIC TACOS) FOR A PROPERTY
Assistant Planner B "m d to the ff report to discuss the history of
Chronic Tacos. He rep rted t xpansi has been redesigned to 840 square
feet, the Alcohol Bevera Contro se as been removed from the request,
there een operatio 1 ges in re "'' s to televisions and parking, and the
hour top "'ation have ch d.
el Biel " , Chronic Taco utilized an artist rendering to discuss parking, and
repo d th .all three parkin studies were done during the summer, sales go down
0 -40" ,n„d w' r seasons, that an extension on hours of operation is
eed nd there i for extra storage at the establishment. In response
to cil ^' tions, Mr. Biello declined to comment on the Upland location due
to pen g liti on, discussed cleaning up the Costa Mesa location to improve the
compan reputa , and noted that more square footage and storage space is
needed i rder to p vide better customer service .
In reap se to Council questions, Chronic Taws Parking Consultant
Linsenm yer noted that ten drive -thru spaces were excluded from the study, that a
% ut' zation factor was used because the lot is off - street, and that a shared
p _ analysis was not done.
Council Member Rosansky applauded the success of Chronic Tacos;
however, commented that the appearance of Chronic Tacos is not up to standard,
that employees should be taking better care of the trash situation, and that he would
like to see more effort in cleaning up the deteriorated look of the business before a
parking waiver is considered. He also noted the need for landscaping in the
shopping center.
Council Member Henn requested explanation from the applicant regarding problems
at his Costa Mesa location. In addition, Council Member Henn supported Council
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City Council Minutes
September 22, 2009
Member Rosansky's comments and agreed that the applicant needed to prove he is a
good operator with his actions, rather than his words.
Mayor Selich expressed concern for the parking waiver and felt waiving additional
parking would be inappropriate.
Council Member Webb also expressed concern about the parking waiver and asked
staff to look into striping the parking lot appropriately.
Mayor Pro Tem Curry expressed concern over the
establishment. A
Council Member Gardner wondered if
the ABC license request was removed ar
Mayor Selich opened the public
Jim Nehez, Newport Marina Vi#
of trash created by the shopping
Avenue.
Drew Wetherholt applauded the
concern relative to a parking is
of the current perm tive to
Council deny the app : . ;,
George Schroeder
study, noted that
arrisdiscussed the
andrash issues.
noted that
impacts due to the
feelings have changed since
of televisions was decreased.
ern with the amount
trucks park on River
of the ABC license request, but expressed
believed that Chronic Tacos is in violation
nd the use of speakers, and requested that
adIative o the parking issues and parking
waived twice for other tenants, and
current pe it are not being abided.
activity at other Chronic Taco locations, parking
observations and also expressed concern
Joe di Nofcohol his meeting with Police Chief Luman, Planning Director Lepo,
and Co cil er Henn, noted resident concerns associated with the over -
concentr ion establishments, and discussed alcohol establishment
further testimony, Mayor Selich closed the public hearing.
r ember Daigle asked what the City can do to mitigate some of the existing
s of the current business. Assistant City Manager Wood noted that staff will
code compliance.
Motion by Council Member Rosansky, seconded by-Council-Member Henn
to adopt Resolution No. 2009 -66 denying the appeal and upholding and affirming the
decision of the Planning Commission to disapprove Use Permit No. UP2009 -012 and
Use Permit No. UP2009 -020.
The motion carried by the following roll call vote:
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City Council Minutes
September 22, 2009
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry,
Mayor Selich, Council Member Webb, Council Member Gardner, Council
Member Daigle
XVI. P_ UBLIC COMMENTS - None
XVII. PINING COMMISSION AGENDA AND ORAL STATUS REPORT
19. PLANNING COMMISSION AGENDA FOR
17, 2009. 1100 -20091
Planning Director Lepo reported on the following Penning Commission items: Port
Restaurant and Bar (PA2009 -080) - 440 Heliotr Avenue; and Goldring Residence
(PA2009 -070) - 309 Lindo Avenue.
XVIII. CONTINUED BUSINESS
99
20. REVISIONS TO CITY S WATER ,06NSERVATIft ORDINANCE. 1100 -20091
Utilities Director Murdoch reported thpi the water con%naecet'orry. ordinance has not
been updated since the 199 'there ^'a water shortage need for requiring
water reduction in case W' e'*dstructure failure is In response to
Council questions, he clarified d water usage, exemptions fdr construction sites,
exceptions to permanent restriction, water usage on boats, relief from compliance,
Smart Timers, and JW there is no proam to assist homeowners with pool covers.
Council Member en mmended' "_idingopportunities for further
appeals (Page 13, Para aph F .
Philip B . noourt requ ted catio arding Newport Coast customers who
are s .. IRWD and er they will still be allowed to hard surface wash the
commented o %irrigation, automated watering, and the ten minute
\t� N rry eated that the City meet with representatives from
Ne er to work out any inconsistencies.
Due nges, staff will prepare a revised version of the ordinance for
Counn at a future meeting.
21. `iPOI'TMENT TO THE BUILDING AND FIRE BOARD OF APPEALS. [100-
City Clerk Brown read the ballot votes as follows:
William Dildine (Henn)
Stephen Sandland ( Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich)
City Clerk Brown announced the appointment of Stephen Sandland to the Building
and Fire Board of Appeals Committee.
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September 22, 2009
22.
23.
Council had a discussion relative to the term of office and residency policy to serve
on the Building and Fire Board of Appeals.
TASK FORCE ON CYCLING SAFETY. [100 -20091
Motion by Mayor Pr_o Tem_Curryysec_.onded by Council Member R_osanskv to
a) adopt Resolution No. 2009 -67 relating to the Task Force on Cycling Safety;. and b)
appoint Council Members Gardner and Webb to serve as the Council's
representative on the Task Force, with Council Member Gardner as the designated
Chairperson. i
The motion carried by the following roll call
Ayes: Council Member Rosansky,
Member Webb, Council Mem
Absent: Council Member Henn
PROFESSIONAL SE
ENVIRONMENTAL FOR
EIR FOR MARINA PARK
Public Works Director Badum
that Assistant City Manager A
Council Member H
requested clarificatior
expressed support foi
requested her to move
Tem Curry, Mayor Selich, Council
ouncil Member Daigle
AGREEME WITH SIRIUS
iION OF A R RCULATED DRAFT
(C-43 [100 -200
the staff report. City Manager Kiff noted
be managing the project.
for moving the project forward and
pst of Phase 1 versus Phase 2. He also
ig Wood to manage the project, and
ra`p'idly as possible.
gtr by l 3 ncil Me ebb seconded by Council Member Henn to
re tha agreement Sirius Environmental to prepare the Re- circulated
EIR Jkr a cost not to xceed $84,300.00, and authorize the Mayor and City
to ex to the agreeme
A.
cA arried ing roll call vote:
A
t un ember Henn, Council Member Rosansky, Mayor Pro Tem Curry,
or S&V Council Member Webb, Council Member Gardner, Council
COUNC REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF
THE CI COUNCIL'S 2009 PRIORITIES. [100 -20091
ager Kiff provided a report regarding the Traffic Management Plan, the
ec c design phase of the City Hall Project, parks and recreation facilities, the
turf udy, Banning Ranch, and the Water Quality Management Plan.
25. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT DISTRICT (NBRA) MID -YEAR BENEFIT ASSESSMENT
LEVY INCREASE: RESOLUTION OF INTENTION TO RAISE THE ANNUAL
BENEFIT ASSESSMENT LEVY AND FDUNG THE DATES OF THE PUBLIC
MEETING AND THE PUBLIC HEARING. [100 -80091
Economic Development Administrator De Santis discussed the formula to achieve
Volume 59 - Page 277
City of Newport Beach
City Council Minutes
September 22, 2009
the levy increase
Motion by Counca.Member Rosansky, seconded by M-Uor Pro_Tem Curry to
a) adopt Resolution of Intention No. 2009 -68 to increase the annual benefit
assessment levy effective January 1, 2010; and b) set the public meeting for October
13, 2009 and the public hearing for November 10, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry,
Mayor Selich, Council Member Gardner. CAncil Member Daigle
Absent: Council Member Webb Je
XX. MOTION. FOR RECONSIDERATION - None
XXI. ADJOURNMENT - Adjourned at 9:53 p.m memor Gary DiSano.
The agenda for the Regular Meetings p sted on Sept be 16, 2009 at 5:05 p.m.
on the City Hall Bulletin Board, aeatec ' utside of the of Newport Beach
Administration Building.
Mayor
Volume 59 - Page 278