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HomeMy WebLinkAbout09/11/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 11, 2007 — 7:00 p.m. I. STUDY. SESS_I.ON - 4:00 p.m II. CLOSED. SESSION - 5:50 p.m III. RECESS IV. RECONVENED AT 7 :11P.M. FOR REGULAR MEETING V. ROLL. CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Daigle VIII. INVOCATION - Father Kerry Beaulieu, Our Lady Queen of Angels Church IX. PRESENTATIONS Acknowledgement of 6 -Year Anniversary of 9/11 - Mayor Rosansky asked that everyone keep the soldiers around the world in their prayers. Cultural Arts Grants Presentations - Kirwan Rockefeller, Chair of the City Arts Commission, presented the 2007 -2008 Cultural Arts Grants to the Baroque Music Festival, Festival Ballet Theater, Keith Glassman Dance Company, Newport Beach Film Festival, Orange County Museum of Art, Opera Pacific, Southland Opera, Orange County Pacific Symphony, Philharmonic Society of Orange County, South Coast Repertory Theater, and STOP -GAP Theater. American Legion Donation to the 1/1 Memorial - Commander Steve Spriggs presented Mayor Rosansky and Council Member Curry with a $5,000 check to kick off the 1/1 Memorial fundraiser. Council Member Curry reported that all donations are tax deductible, checks can be made payable to "City of Newport Beach 1/1 Memorial Fund ", and sent to the City Manager's office. X. NOTICE TO THE PUBLIC. XI. CITY COUNCIL .. ANNOUNCEMENTS _OR.. MATTER S_ WHICH __COUNCIL MEMBERS WOULD LIKE.._PLACED ON A FUTURE AGENDA F.O_.R._DIS.CUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Gardner reported that, last week, she went to Eureka, California, for the Coastal Commission meeting to discuss the Balboa Theater and, with the assistance of Carol McDermott, they were able to resolve the parking concerns. Council Member Gardner reported that, during the meetings regarding the Corona del Mar Branch Library, there was enough community support to keep it at the current site and not move it to the Volume 58 - Page 261 City of Newport Beach City Council Minutes September 11, 2007 OASIS Senior Center. Council Member Gardner reported that the opening of the Newport Coast Community Center will be on Saturday and the family day will be on Sunday. Council Member Gardner commended the Corona del Mar Chamber of Commerce on the annual car show. Council Member Gardner thanked staff for minimizing the impacts in Corona del Mar during construction on Pack Coast Highway. Council Member Daigle noted that she attended the League of California Cities Conference in Sacramento, in which 478 cities were in attendance. She highlighted conference discussions relative to Proposition 1A and group homes. She emphasized that Newport Beach is absorbing more than its fair share of the regional demand for group homes. Council Member Webb reported that he attended the International Literacy Day program at the Central Library last Thursday in which 82 learners and 72 tutors were recognized. Council Member Henn thanked Council Member Gardner for taking the leadership role on behalf of the Balboa Theater, and thanked Council Member Daigle for representing the City at the League Conference, especially with regard to group home issues. Council Member Henn reported that the City can now move ahead with the planning and building of Marina Park, and that Marina Park will be cleared by September 2009. Council Member Henn reported that there will be a fundraiser for the McFadden Square Centennial Legacy Project on September 28 at the Harborside Restaurant. The cost is $275 /couple and it also gets your name engraved on a plaque or upgrades your plaque if you've already purchased one. Council Member Henn reported that Roy Disney agreed to donate a 52" trophy to display the names of the elapsed time winners of the TransPac Race from California to Hawaii and that it will be displayed at the Nautical Museum. Council Member Henn announced that the Southern California Plein Air Artist Association will be displaying their paintings at the Nautical Museum. He reported that people can purchase paintings on Saturday and Sunday, and that 30% of the proceeds goes to the Museum. Council Member Curry announced that the City Arts Commission completed another great season of Shakespeare In The Park and Concerts In The Park. Council Member Curry announced that Taste of Newport is this weekend. Council Member Curry invited everyone to the grand opening of the Newport Coast Community Center this weekend. Mayor Pro Tem Selich indicated that a flier was sent to the residents of Bayadere and Irvine Terrace about a General Plan Implementation Committee meeting on Wednesday. He reported that the topic of categorical exemptions for those lots is not on the agenda, and assured the residents that their lots are categorically exempt from a coastal development permit. Mayor Pro Tem Selich announced that, on Wednesday at 6:00 p.m. at the Newport Beach Yacht Club, Speak Up Newport will have a presentation by Assistant City Manager Kiff about the mooring situation in Newport Harbor. Volume 58 - Page 262 City of Newport Beach City Council Minutes September 11, 2007 Mayor Rosansky reported that the Police Department is looking for residents to participate in their next Citizen Police Academy. Mayor Rosansky announced that the opening ceremony for the new fire station and community room in Santa Ana Heights was yesterday. He thanked former Supervisor Silva for allocating $4 million and Supervisor Moorlach for allocating $5.5 million of redevelopment agency funds toward the $11.5 million project. 3UL CONSENT CALENDAR, A. READING. OF AUNUTES/ORDINANCES AND RESOL UNIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 14, 2007. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR INTRODUCTION C. CONTRACTS AND. AGREEMENTS 5. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR THE LANDSCAPE MAINTENANCE OF PUBLIC AREAS IN NEWPORT COAST (C- 3669). 1381100 -20071 Direct staff to negotiate a two -year agreement with Park West Landscape Maintenance, Inc., of Santa Ana, to provide landscape maintenance services in the Newport Coast area, and return to the September 25th City Council meeting with an agreement for approval. 6. IRVINE AVENUE AND DOVER DRIVE 24" WATER MAIN (C -3708) - APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH ARROYO GEOTECHNICAL FOR SUPPLEMENTAL MATERIALS TESTING AND GEOTECHNICAL SERVICES. [381100 -20071 Approve Amendment No. 1 to On -Call Professional Services Agreement (PSA) with Arroyo Geotechnical for supplemental materials testing and geotechnical services specifically for the Irvine Avenue and Dover Drive 24" Water Main contract. 7. BACK BAY SCIENCE CENTER (C -3460) - COMPLETION AND ACCEPTANCE WITH J.G. TATE FIRE PROTECTION, STANDARD DRYWALL, INC., U.P. LANDSCAPING, CONTROL AIR, AND CONTINENTAL PLUMBING. 1381100 -20071 a) Accept the work performed and completed by J.G. Tate Fire Protection, Standard Drywall, U.P. Landscaping, Control Air, and Continental Plumbing; b) authorize the City Clerk to file a Notice of Completion for each trade contractor, c) authorize the City Clerk to release the Labor and Materials Bonds 35 days after the Notice of Completions have been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bonds one year after Council acceptance. S. 2006 -2007 CITYWIDE STREET, PARKING LOT, AND STORM DRAIN IMPROVEMENTS (C -3793) - COMPLETION AND ACCEPTANCE. [381100 20071 a) Accept the work; b) authorize the City Clerk to file a Notice o: Completion; c) authorize the City Clerk to release the Labor and Materials Bond 3f Volume 58 - Page 263 City of Newport Beach City Council Minutes September 11, 2007 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 9. CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS - AWARD OF CONTRACT (C- 3796). [381100 -20071 a) Approve the plans and specifications; b) award C -3795 to G2 Construction, Inc. for the total bid price of $147,426.60 and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $14,700 to cover the cost of unforeseen work. 10. MARINERS PARK IMPROVEMENTS - AWARD OF CONTRACT (C- 3806). [381100 -20071 a) Approve the construction drawings and specifications; b) award C -3806 to Environmental Construction Inc. for the total price of $861,216.00 which includes the total base bid price of $786,710.00 and all three alternative bid items totaling $74,506.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $86,122.00 (10%) to cover the cost of unforeseen work; and d) approve funding for geotechnical and material testing services in the amount of $7,000 with Harrington Geotechnical Engineering per the existing On- Call Professional Services Agreement. (Council Member Webb abstained on this item) 11. RIVO ALTO COPING REPLACEMENT; FINLEY AVENUE AT 86TH STREET BULKHEAD REPAIR; 26TH STREET TIDE GATE STRUCTURE AND BULKHEAD IMPROVEMENTS; AND VIA LIDO WALL REPLACEMENT (C -3657) - AWARD ' OF CONTRACT. [381100 -20071 a) Approve the construction drawings and specifications; b) award the contract (C- 3657) to John S. Meek Co., for the total bid price of $836,000.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $83,600 (10 %) to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -010) transferring $139,000 from Account No. 7231- C5100836, Ocean Pier Repairs, to Account No. 7231- C5100887 for 26th Street Tide Structure and Bulkhead Improvements, and transferring $281,000 from Account No. 7231 - 05100836, Ocean Pier Repairs, to Account No. 7231- C5100738 for Via Lido Crib Wall Replacement, geotechnical testing and project contingency. 12. PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL UNDERGROUND UTILITY REPAIRS (C- 8881). [381100 -20071 Approve the agreement with Doty Bros. Construction Company for underground utility repairs on an on -call basis. 13. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH SUPERIOR GUNITE FOR EPDXY COATING SAFETY PLATES, OIL FIELD TANK TOPS, AND WASTEWATER MANHOLES (C- 3984). [381100- 20071 Approve a professional services agreement with Superior Gunite for the surface preparation and epoxy coating of safety plates, oil field storage tank tops, and 80 vertical feet of wastewater manholes for a not to exceed price of $81,050.00, and authorize the Mayor and City Clerk to execute the agreement. 14. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF NATURAL GAS (C- 2493). [381100 -2007] Approve an agreement with Hoag Memorial Hospital Presbyterian for delivery of excess natural gas produced from the sixteen (16) City -owned oil wells as a by- product of oil extraction activities, and authorize the Mayor and the City Clerk to execute the agreement. Volume 58 - Page 264 City of Newport Beach City Council Minutes September 11, 2007 D. MISCELLANEOUS 16. BIG CANYON CREEK RESTORATION PROJECT - ADOPTION OF MITIGATED NEGATIVE DECLARATION. 1100 -20071 Adopt the Mitigated Negative Declaration. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE MARTHA J. FLEENER TRUST AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007 -08. [100 -2007] Approve a budget amendment (08BA -009) to increase revenue estimates by $30,000 in Account No. 4010.5901 (Private Donations and Contributions) and to increase expenditure appropriations in 4017 -9006 (Software Licenses) by the same amount due to the receipt of funds from the Martha J. Fleener Trust. Motion by Mayor Pro Tem Selich to approve the Consent Calendar, except those items removed (3, 4, & 15); and noting the abstention of Council Member Webb on Item 10. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR Without objection, it was the consensus of Council to discuss Items 3 and 4 at the same time. 3. IMPLEMENTATION OF PERS ENHANCED RETIREMENT FORMULA FOR FIRE SAFETY AND MISCELLANEOUS EMPLOYEES (C -563). 1381100 -20071 4. LABOR NEGOTIATIONS - NEW MEMORANDA OF UNDERSTANDING (MOUs) WITH MISCELLANEOUS EMPLOYEE BARGAINING UNITS, THE POLICE EMPLOYEES ASSOCIATION (PEA), AND THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION (FFA); SUPPLEMENTAL MOUs WITH PEA AND FFA; NON -MOU AGREEMENT WITH KEY AND MANAGEMENT PERSONNEL. 1381100- 2007] Assistant City Manager Kiff provided the staff report for Items 3 and 4, and reported that there are 640 full-time, non - safety employees, the term of the Memoranda of Understanding (MOLD is three years, and that the MOUs include an employee -paid 2.5% at 55 retirement plan. In response to Council questions, Assistant City Manager Kiff reported that the supplemental MOUs need to be executed by five bargaining units and the retirement plan is self- funded by the employees. City Attorney Clauson confirmed that, by agreeing to the MOU, the bargaining units cannot bring up retirement as a bargaining issue for ten years. Mayor Rosansky believed that the City should not follow the trend for enhanced employee pensions. He expressed concern for future City Councils to increase the net pay to match other cities. Council Member Curry emphasized that the employees will be paying the full cost of the retirement plan. Assistant City Manager Kiff reported that, without the change, the City was in the bottom third in Orange County, Los Angeles County, and San Diego County, but with the change, the City is in the middle third. City Manager Bludau agreed that this is an important change in order to recruit and maintain the work force. Volume 58 - Page 265 City of Newport Beach City Council Minutes September 11, 2007 Council Member Curry indicated that he will support this adjustment in order to recruit and retain staff. However, once this is done, he believed that the same protections should be created that San Francisco and San Diego have which require voter approval for any subsequent pension increases. In response to Council Member Webb's questions, Assistant City Manager Kiff reported that the pension is 2.5% across the board; however, with the 2% at 50 plan, it tops out at 63 years old at 2.41 %. Dick Nichols read a letter he presented to Council relative to defined benefits, defined contributions, and retirement benefits in the private sector. He requested a financial report of retirement and health plans. He asked about retroactive liability and health care costs, how this is applied to retirees, and whether Council can commit the electorate to a new tax without a vote of the people. In response to Dolores Otting's questions, City Attorney Clauson indicated that Council Member Daigle doesn't have a financial conflict, so she didn't need to leave the dais. Further, there is provision in State law that allows councils to vote on benefits they might receive, as long as the benefits are not in addition to or above what is being received by all employees. Assistant City Manager Kiff reported that the safety employees do not have a ten year contract, the City is currently in negotiations with the police association, and the fire association's MOU ends this year. He confirmed that PERS does not offer a 3.5% plan. Motion by Council Member Webb to [Item 3] a) adopt Resolution No. 2007 -59 relating to the City's intention to approve an amendment to the contract between the Board of Administration, California Public Employees' Retirement System (PERS) and the Newport Beach City Council to authorize a "3 0A@50" retirement formula for specified safety employees within the Fire Department and an employee - funded "2.5 % @55" retirement formula for local miscellaneous members; and b) introduce Ordinance No. 2007 -13 relating to a PERS contract amendment, and pass to second reading on October 9, 2007; and [Item 4] a) authorize the Mayor to execute comprehensive new 3 -year Memoranda of Understanding (MOUs) with the Newport Beach City Employees Association (CEA) (C- 2059), the Newport Beach Employees League (League) (C- 2065), and the Newport Beach Professional and Technical Employees Association (Prof -Tech) (C- 2051); b) authorize the Mayor to execute supplements to the existing MOUs with the PEA (C -2056) and FFA (C- 2060) that incorporate an employee - funded 2.5% at 55 retirement program for non - safety personnel with the California Public Employees Retirement System (PERS); c) authorize the Mayor to execute specific new 10 -year MOUs with CEA, League, Prof -Tech, PEA, and FFA limiting future negotiations to change the proposed 2.5% at 55 PERS plan and its employee -paid nature; and d) authorize the same level of benefits (same as non - safety miscellaneous employees) for "Key and Management" personnel. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Webb, Council Member Gardner Noes: Mayor Rosansky Abstain: Council Member Daigle 15. MARINE 1/1 BATTALION MEMORIAL SCULPTURE CONCEPT AND DESIGN; APPROVAL OF CONTRACT, LOCATION OF SCULPTURE AND STATIONERY FOR MARINE 111 MEMORIAL COMMITTEE (C- 3985). [381100 -2007] Council Member Curry reported that the City conducted an international search for an artist for the Marine 1/1 Memorial sculpture and Benjamin Victor was selected. He Volume 58 - Page 266 City of Newport Beach City Council Minutes September 11, 2007 reviewed Mr. Victor's artwork throughout the United States and reported that they hope to have the memorial in place by Memorial Day 2008. He reviewed the selection process for the artist and sculpture location. He noted that the sculpture will be placed at Castaways Park and will be visible from the highway, not from the homes. He noted that the residents' concern deals with people currently leaving remembrances in the park and indicated that they will work with the Parks, Beaches and Recreation Commission to address this concern. Benjamin Victor, Aberdeen, South Dakota, described the sculpture and indicated that the design came from interviewing over 200 soldiers that served from World War II to today. Motion_by. Council - Member Curry to a) approve Marine 1/1 Battalion sculptural concept, design, fabrication, and installation, and authorize the City Manager to approve an agreement, with concurrence of the Marine 1/1 Memorial Committee, with selected artist/sculptor Benjamin Victor of Benjamin Victor Studios for a bronze sculpture, base, plaque, and four benches, including transportation and installation; b) approve Castaways Park site, on Dover Drive, as the recommended location for installation of the Marine 1/1 Memorial bronze sculpture/monument; and c) approve the letterhead for the Marine 1/1 Memorial Committee. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIV. PUBLIC HEARINGS 18. CODE AMENDMENT NO. 2007 -004 - SCREENING OF MECHANICAL EQUIPMENT (PA2007 -056) - ADDING REGULATIONS REQUIRING THE SCREENING OF ALL EXTERIOR ROOF - MOUNTED AND GROUND - MOUNTED MECHANICAL EQUIPMENT ON PROPERTIES IN ALL ZONING DISTRICTS. [100 -2007] Assistant Planner Brown provided the staff report and highlighted the provisions of the Code Amendment. In response to Council questions, Assistant Planner Brown indicated that the Code Amendment is focused on equipment that can be seen from public right -of -ways, not for instances when a neighbor can see an air conditioning unit in another neighbor's backyard. Regarding houses on a bluff, she reported that, if it is necessary, the Planning Director can require the equipment to be screened. Motion by._C_.ou_ncil..Member_Webb to introduce Ordinance No. 2007.14 approving Code Amendment No. 2007 -004, and pass to second reading on September 25, 2007. Mayor Rosansky opened the public hearing. In response to Dolores Otting's questions, Mayor Rosansky explained that a building permit is required to install the equipment and, as part of the permit process, they will be required to screen the equipment. For existing equipment, Assistant Planner Brown reported that screening will be required when changing out the old equipment. Hearing no further testimony, Mayor Rosansky closed the public hearing. The motion carried by the following roll call vote: Volume 58 - Page 267 City of Newport Beach City Council Minutes September 11, 2007 Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 19. PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 7 (C -3058) - 3500 PACIFIC VIEW DRIVE (PA2006 -282) - TO ALLOW THE CONSTRUCTION OF A SIX (6) FAMILY MAUSOLEUM AND ESTATE GARDENS IN LIEU OF A 7,200 SQUARE FOOT COMMUNITY MAUSOLEUM IN BUILDING SITE "H" OF AREA 8. (381100 -20071 Council Member Webb announced that he has an interment parcel at Pack View Memorial Park and recused himself. Associate Planner Ung provided the staff report and reported that the Planning Commission recommended approval. Mayor Rosansky opened the public hearing. Dennis O'Neil, representing Pacific View Memorial Park, stated that they met with the Spyglass Hill Community Association Board of Directors and reached agreement on a number of issues, including decreasing the number of family mausoleums from nine to six and having extensive landscape screening around the mausoleums. He reported that the changes are included in the development agreement and the Community Association provided a letter of support. Ruby Louis, General Manager of Pacific View Memorial Park, provided the history and a description of the memorial park. She noted that 90% of the land was developed with open space in mind and that the application tries to accommodate requests they have received for family mausoleums. She noted that plots are provided free of charge to safety employees and soldiers who are killed in the line of duty. Randy McDaniel, landscape architect, utilized a PowerPoint presentation to display the plot plans, landscape screening, and view simulations of the mausoleums. He noted that the crypt wall will be delayed until 2014. He reported that Pacific View Memorial Park has agreed to not amend the development agreement for a minimum of 15 years. Bruce Nye, Vice President of the Spyglass Hill Community Association, reported that they met with Pacific View Memorial Park on several occasions to come to this agreement and that the Board of Directors endorses the amendment. Sean Bahri stated that, when he bought his house on Monterey Circle, he was told that only a big community mausoleum was allowed to be built and family mausoleums were prohibited in Area 8. He expressed concern that the family mausoleums will negatively affect his property value, questioned the legality, and provided photos. He also questioned whether trees will actually screen the mausoleums and why the memorial park is only making six mausoleums instead of a community mausoleum for 1,200 crypts. Bill Gillespie stated that he purchased one of the family mausoleums and is happy that his family will be in one location. Hearing no further testimony, Mayor Rosansky closed the public hearing. Council Member Curry reported that he met with neighbors and the applicant, and believed that Pacific View Memorial Park has worked well with the community to shield the impacts from the neighbors. Volume 58 - Page 268 City of Newport Beach City Council Minutes September 11, 2007 Motion by Council..Member-Curry to a) accept the status report on Development Agreement No. 7; b) adopt Resolution No. 2007 -60 for Use Permit No. 2006 -040 and Negative Declaration No. 2007 -001; and c) introduce Ordinance No. 2007 -15 for Development Agreement No. 2006 -001, and pass to second reading on September 25, 2007. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XV. PUBLIC COMMENTS Pam Bassett stated that, if the City goes forward with the group home moratorium, it needs to close the loopholes and not allow any more facilities of any size until there is resolution to the problems. Laura Curran, representing residents on Carnation, Dahlia, and Fernleaf, read the petition she provided relative to group homes. Denys Oberman expressed her appreciation for the effort to create ordinances and a program for use management of group homes. She noted that residents have spent over $100,000 in legal fees and reported that they have 1,500 citizens who support implementing a program to regulate group home use in the City. She submitted a petition statement relative to group homes. Lori Morris noted that there are a lot of group homes in West Newport and now they are moving into Corona del Mar and Newport Heights. She requested that the moratorium include more provisions. Dick Nichols thanked the City for imposing conditions on group homes for duplexes and suggested doing the same for larger homes. Dolores Otting questioned the need for putting fluoride in tap water, discussed which countries ban fluoride in their water, and recommended that people research the health impacts of fluoride on the body. Terry Welsch, Chairperson of the Banning Ranch Park and Reserve Task Force, discussed their goal of having no homes, hotels, or businesses on Banning Ranch, and requested that the City appraise the land and conduct a feasibility study. He noted that, at a Sierra Club fundraiser, their Task Force received about 300 support cards. He added that they do not object to using 30 acres of the site for an active sports park. Jan Vandersloot noted that the General Plan Advisory Committee and the Banning Ranch Park and Reserve Task Force recommend that Banning Ranch remain open space. He requested that the City make an early effort to acquire the site, possibly by having a bond issue. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Newport Coast Advisory Committee discussed fire lane issues. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDAS FOR AUGUST 23, 2007, AND SEPTEMBER 6, 2007. [100 -2007] Volume 58 - Page 269 City of Newport Beach City Council Minutes September 11, 2007 Planning Director Lepo reported on the following items: Code Amendment 2007 -005 (Group Occupancies and Short -term Lodgings) during the August 23 meeting; and Liberty Baptist Church School Expansion (PA2006 -079) - 1000 Bison Avenue, and Panini Cafe (PA2007 -063) - 2421 E. Coast Highway during the September 6 meeting. XVIII. CONTINUED BUSINESS 21. USE OF FUNDS FROM LENNAR HOMES OF CALIFORNIA, INC. IN CONNECTION WITH DEVELOPMENT AGREEMENT FOR SANTA BARBARA CONDOMINIUMS (contd. from 8/14/07) (C- 3979). [381100 -2007) Mayor Pro Tem Selich reported that, since this item was first brought before Council, the City has entered into negotiations for a development agreement with The Irvine Company which involves a substantial amount of park fees being generated in Newport Center. He believed that it would be appropriate to table this item and bring it back at a future date after the Newport Center development agreement has been brought before Council. Motion by Mayor Pro_Tern Selich to table and remove the item from the calendar. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XD:. CURRENT_BUSINESS S22. RESOLUTION CREATING AN AD HOC COMMITTEE ON GROUP RESIDENTIAL LEGAL REVIEW. 1100 -20071 Council Member Henn reported that the resolution in the staff report is to hire outside legal counsel to assist with group home issues and appoint Council Members to a committee that will interview law firms and make a recommendation to Council as to which law firm to hire. However, the City Attorney recommended that the outside legal counsel have sole legal advisory on this issue, therefore, the resolution would need amending. He added that this expansion in scope will save the City money and free up the City Attorney's time to work on other issues. He indicated that he hopes a law firm is hired at the September 25 meeting. Mayor Rosansky expressed support so that there will be a quicker and more agreeable resolution to this issue. He pointed out that this would free up the City Attorney to work on other matters. In response to Council concerns, City Attorney Clauson indicated that there is no reason why they can't continue doing the work and aid in the transition. Mayor Pro Tem Selich believed that the Planning Commission should be made aware that Council expects them to continue to move forward. City Attorney Clauson added that Council can give her direction to continue to serve the Planning Commission until at least their next meeting, have the hearing on September 20, and have the Commission decide how to proceed. Mayor Rosansky indicated that there are some Planning Commissioners that are uneasy with what Council is proposing since they are currently working with information from a law firm that Council will soon be terminating. Council Member Webb indicated that he will be supporting this since the City Attorney's office is being drowned with the amount of time this issue is taking. He commended their office for putting together the current ordinance and hoped that the new law firm will not Volume 58 - Page 270 City of Newport Beach City Council Minutes September 11, 2007 change the City's direction City Attorney Clauson emphasized that the goal is not to slow the process down but to have a smooth transition. She stated that the new legal counsel will take over after the next Planning Commission meeting. Mayor Rosansky indicated that he will be appointing Council Member Henn, Council Member Gardner, and himself to the committee, with himself being the Chair. Council Member Henn requested that the resolution be amended to include City Council's encouragement to the Planning Commission to continue their efforts. Motion by Mayor Rosansky to a) adopt Resolution No. 2007 -61 relating to the creation of the ad hoc Group Residential Legal Review Committee, whose purpose shall be to review the qualifications of law firms and make a recommendation to the Council to hire one firm to support Council's review of ordinances relating to Group Residential Uses, with the amendment that the City Council encourages the Planning Commission to continue their efforts; and b) appoint Council Members Mayor Rosansky (Chair), Council Member Henn, and Council Member Gardner to the ad hoc Group Residential Review Committee. Dolores Otting requested that the City use State definitions in the ordinance. In response to Dolores Otting's questions, City Attorney Clauson stated that Goldfarb & Lipman will continue until Council selects the new legal counsel in order to prevent slowing down. She added that the Charter allows the City Council to hire its own counsel on any individual item. Mayor Rosansky indicated that the City will probably hire a law firm with a number of attorneys. Following discussion, it was the consensus of Council to terminate the committee after it hires the new legal counsel. Amended motion.. by. Council_Member Henn to a) adopt Resolution No. 2007 -61 relating to the creation of the ad hoc Group Residential Legal Review Committee, whose purpose shall be to review the qualifications of law £uws and make a recommendation to the Council to hire one firm to support Council's review of ordinances relating to Group Residential Uses, with the amendments that the City Council encourages the Planning Commission to continue their efforts and that the ad hoc Group Residential Review Committee sunsets upon the hiring of legal counsel; and b) appoint Council Members Mayor Rosansky (Chair), Council Member Henn, and Council Member Gardner to the ad hoc Group Residential Review Committee. Bob Rush believed that doing this will transfer the time that the Planning Commission uses on this complex issue to the City Council. He believed that the law firm should also work at the Planning Commission level and that there won't be a smooth transition. He suggested that Council stop using Goldfarb & Lipman now and maybe have a delay until the new legal counsel is onboard. Dick Nichols believed that a citizen should be appointed to the committee. Denys Oberman urged the Planning Commission to continue since they have a lot of information. Mayor Rosansky reported that all that information will be provided to the new legal counsel. Regarding the moratorium, City Attorney Clauson explained that, if the new counsel does not take it on, her office will handle the moratorium that will be going before Council in October. Ms. Oberman requested that a moratorium with no loopholes come back at the next meeting. City Attorney Clauson assured everyone that her office is available to assist the new Volume 58 - Page 271 City of Newport Beach City Council Minutes September 11, 2007 counsel should they need it. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - adjourned at 9:49 p.m. in memory of Roy Woolsey. The agenda for the Regular Meeting was posted on September 5, 2007, at 3:26 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 was posted on September 7, 2007, at 1:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk e G%v>ti R. Recording Secretar. Volume 58 - Page 272