Loading...
HomeMy WebLinkAbout06/10/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 10, 2008 — 7:00 p.m I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 5:17 p.m. III. RECES$ IV. RECONVENED AT_7:00 PAL FOR REGUI.AREETING V. ROLL, CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT City Attorney Clauson reported that Council will reconvene into Closed Session at the end of the meeting. VII. PLEDGE OF ALLEGIANCE - Council Member Webb VIII. INVOCATION' -Mr. Frank Carpenter Df. PRESENTATIONS National Anthem Sung by All American Boys Chorus -Thomas Sweeney introduced and provided information about the chorus prior to them singing the National Anthem. Citizen of the Year Proclamation for Lula Halfacre - Richard Luhrs, President of the Newport Beach Chamber of Commerce, introduced Lula Halfacre, and Mayor Selich read the proclamation and presented it to her. Presentation by American Cancer Society Relay for Life Event Chair Kriaztina Scheeff - Krisztina Scheeff thanked and applauded the Mayor, Council and City staff for their contribution of $33,000 and noted that firefighter Brian McDonough walked U. hours in his full turnout. Mayor Selich thanked Lynn Hackman for all of her work with the Council Critters team. Annual Youth Council Report - Recreation Supervisor Valdez introduced Ruben Dajee, Vice President of the Youth Council. He presented a PowerPoint to show the accomplishments of the Youth Council. Council Member Rosansky commended them and encouraged parents to have their child participate in the program. Mayor Selich congratulated them for showing interest in local government. Council Member Curry encouraged residents to watch replays of the Youth Government Day. July Smart Irrigation Month Proclamation - Mayor Selich read the proclamation and presented it to Code Enforcement Officer Burckle. Code Enforcement Officer Burckle reminded residents to Volume 58 - Page 506 City of Newport Beach City Council Minutes June 10, 2008 adjust sprinklers, adjust the time of day that water is being applied for landscaping, and to repair broken irrigation and misguided sprinkler heads. Code Enforcement Officer Burckle stated that the best time to water the lawn is before 8:00 a.m. and after 7:00 p.m. X. NOTI_CE TO THE PUBLIC M. CITY COUNCIL N ANNOUCEMENTS OR MATTERS WHICH MEMBERS WOULD-LIKE PLACED ON_ A FUTURE AGENDA FOR DISCUBSION� ACTIOhT._OR REPORT .OW-K -I ISCUSSION_IFEMI: Council Member Henn announced that the Balboa Theater will be having a Rocky Horror Picture Show fundraiser dinner on Friday, June 13. Tickets are $150 per person. Council Member Rosanaky announced that .he attended the Conference and Visitors Bureau dinner and also attended the Sumo Wrestling Tournament to support Kotomtsuki. Mayor Pro Tem Daigle announced that she will be attending the Miocean event, a contributor to the Back Bay Science Center, which will feature a teaching lab so children can learn about water quality. Council Member Gardner announced that she and Mayor Selich attended the Corona del Mar Middle School good citizenship awards ceremony. Council Member Curry announced that the Newport Harbor Elks Lodge will have their annual Flag Day ceremony on Saturday, June 14, at at 1:00 p-m. on the front lawn of City Hall. Council Member Webb shared an experience with a siren system in another state and explained that sirens are an assistance if you are outdoors. He suggested that the City look into a 911 system that will call residents to notify them of the reason for the siren. Mayor Selich announced that Speak Up Newport will have a meeting on Wednesday, June 11, from 5:00 to 7:00 p.m. at the Newport Beach Yacht Club and will feature speaker Allen H. Dyer. XII. CONSENT CALENDAR A. READING OFMINUTESIORDINANCE AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF MAY 27, 2008. 1100 -20081 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20081 Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. BAY BURGER RESOLUTION - 600 BAY AVENUE E #A -7 - USE PERMIT NO. 2007 -027 (PA2007 -219). [100 -20081 Adopt Resolution No. 2008 -43 with findings and conditions of approval for Use Permit No. 2007 -027. 4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, Volume 58 - Page 507 City of Newport Beach City Council Minutes June 10, 2008 BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. [100 -20081 Adopt Resolution No. 2008 -44. 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL- 2007-2008 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008 -2009. [100 -20081 a) Approve the Corona del Mar Business Improvement District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -45 to levy assessments and set the public hearing for June 24, 2008. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008- 2009. [100 -20081 a) Approve the Balboa Village Business Improvement District 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -46 to levy assessments and set the public hearing for June 24, 2008. MARINE AVENUE 'BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008- 2009. [100 -20081 a) Approve the Marine Avenue Business Improvement District Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -47 levy assessments and set the public hearing for June 24, 2008. C. ORDINANCE FOR INTRODUCTION D. CONTRACTS AND AGREEMENTS 11. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT, CONSTRUCTION ADMINISTRATION, AND CIVIL ENGINEERING DESIGN SERVICES WITH GABLE ENGINEERING, INC. (C-4055).1381100-20081 Approve an On -Call Professional Services Agreement with Gable Engineering, Inc. for project management, construction administration, and civil engineering design services and authorize the Mayor and the City Clerk to execute the Agreement. 12. SUPERIOR AVENUE REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C -8869). [381100 -20081 a) Accept the completed contract work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has. been recorded with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one (1) year after Council acceptance. 14. INTEGRATED REGIONAL WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK (C-4004).[381100-20081 a) Approve an Amendment to the Professional Services Agreement with Dudek of Irvine for professional services at a not to exceed price of $67,810 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -077) transferring $67,810 from Account No. 7414- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014- CO310929 (Harbor Area Volume 58 - Page 508 City of Newport Beach City Council Minutes June 10, 2008 Management Plan). 15. WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH KRISTA SLONIOWSKI OF CONNECTIVE ISSUES (C- 3924). [381100 -2008] a) Approve Amendment No. 2 to the Professional Services Agreement with Connective Issues (Krista Sloniowski) of Los Angeles for professional services at a not to exceed price of $12,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -079) transferring $12,000 from Account No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014 - 00310929 (Harbor Area Management Plan)_ 16. 88TH STREET TIDAL STRUCTUREITIDE VALVE - AWARD OF CONTRACT (C- 3954). 1381100 -20081 a) Approve the project plans and specifications; b) award the contract to GCI Constructions, Inc. for the total bid price of $92,800 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $9,200 to cover the cost of unforeseen work. 17. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL SERVICES AGREEMENTS AND AN ON -CALL PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE DESIGN SERVICES (C- 3854). 1381100- 2008] a) Approve Amendment No. 1 with TCLA, Inc. for on-call landscape design services and authorize the Mayor and the City Clerk to execute the Amendment; b) approve Amendment No. 1 with David Volz Landscape Design for on -call landscape design services and authorize the Mayor and the City Clerk to execute the Amendment; and c) approve an On -Call Professional Services Agreement with David A. Pederson for landscape design services and authorize the Mayor and the City Clerk to execute the Agreement. 18. COMMUNITY YOUTH CENTER - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY & DOUGHERTY ARCHITECTS, LLP. (C -4057) 1381100 -2008] Approve a Professional Services Agreement with Dougherty & Dougherty Architects, LLP, of Costa Mesa for design and construction documents at a contract price of $83,300 and for bid support and construction administration at an hourly fee not to exceed $24,100 for a total not to exceed contract price of $107,400, and authorize the Mayor and the City Clerk to execute the Agreement. 19. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT - AWARD OF CONTRACT (C- 3932). 1381100 -20081 a) Approve the project plans and specifications; b) award the contract to Pouk & Steinle, Inc. for the total bid price, including Additive Bid Item -1 of $326,940, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $33,000 to cover the cost of unforeseen work. E. MISCELLANEOUS 20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF. NOMINEES. [2&100 -2008] Confirm the nominations made by the Ad Hoc Appointments Committee (as listed in staff report); and change Bill Avery to Brad Avery. 21. TRANSFER OF FUNDS FOR THE NEWPORT COAST COMMUNITY Volume 58 - Page 509 City of Newport Beach City Council Minutes June 10, 2008 CENTER (NCCC) SOUND; LIGHTING AND VIDEO ENHANCEMENTS. [100 -2008] Approve a budget amendment (08BA -080) which transfers $100,350 from 2007 -08 FY park project surplus funds to a capital outlay account for the purchase of lighting, video and audio equipment at the Newport Coast Community Center. 532. RESOLUTION ESTABLISHING A CITY COUNCIL AD HOC COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE DUTIES, THE SALARY AND THE PROCESS FOR FILLING THE NEWPORT BEACH CITY CLERK POSITION. [291100 -20081 Adopt Resolution No. 2008 -50 creating the City Clerk Ad Hoc Recruitment Committee, and approve the Mayor's appointment of Council Members Henn (Chair), Curry and Gardner to the committee. 533. CITY COUNCIL APPROVAL OF A RETIREMENT AGREEMENT WITH THE CITY ATTORNEY AND RESOLUTION ESTABLISHING A CITY COUNCIL AD HOC COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE DUTIES, THE SALARY AND THE PROCESS FOR FILLING THE CITY ATTORNEY POSITION. 1291381100 -20081 a) Approve the proposed retirement agreement with the City Attorney; and b) adopt Resolution No. 2008 -51 creating the City Attorney Ad Hoc Recruitment Committee, making any changes to better reflect the City Council's thinking on this issue and approve the Mayor's appointment of Council Members Webb (Chair), Rosansky and Daigle to the committee. Motion by Mayor Pro Tem Daigle to approve the Consent Calendar except for the items removed (8,9,10,13 & 22); and noting the name change on Item 20 to Brad Avery. The motion carried by the following roll call vote: Ayes: Council Member Henn Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2007 -2008 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR OF JULY 1, 2008 TO JUNE 30, 2009. [100 -20081 Council Member Webb expressed concern about the increase of funds requested by the Restaurant Association to cover costs for a second Restaurant Week. Motion by Council Member Webb to a) approve the Restaurant Association Improvement District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -48 to levy assessments and set the public hearing for June 24, 2008_ In response to Council's questions, Assistant City Manager Wood clarified that the budget issues will be heard at a later date, there is no commitment from Council to provide any funding, the resolution gives the City the ability to assess the restaurateurs, and there will be a separate public hearing for the budget to be discussed. Jim Walker, Bungalow Restaurant, stated that the Restaurant Association sales tax revenues have been doubled.. He stated that the problem that the association faces is that they are trying to market all the restaurants in Newport Beach collectively. He noted that the first Restaurant Week generated approximately $50,000 of revenue back to the City and, Volume 58 - Page 510 City of Newport Beach City Council Minutes June 10, 2008 if the amount needed is assessed, some restaurants will not participate. Sherry Drury, Restaurant Association President, stated that Restaurant Week benefits other businesses by bringing people into the area. Terry Civello, Blue Coral Restaurant, stated that she appreciates the support from the City and would like to see Restaurant Week continue. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selicb, Council Member Webb, Council Member Curry, Council Member Gardner 9. AMENDMENTS TO CITY COUNCIL POLICY ON ECONOMIC DEVELOPMENT (H- 10) AND RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT COMMITTEE. 1100 -20081 In response to Council Member Gardner's question, Assistant City Manager Wood clarified that the amendments are to the. City Council Policy and not the Economic Development. Committee Policy. Motion by. Council Member Gardner to a) adopt the proposed amendment to the Council Policy on Economic Development (provided as Attachment 1); and b) adopt Resolution No. 2008 -49 revising the membership of the Economic Development Committee (Attachment 2). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 10. COST RECOVERY ORDINANCE (CHAPTER 3.36) - FEE RESOLUTION & MASTER FEE SCHEDULE. [100 -20081 In response to Council Member Rosansky's question, Council Member Curry stated that he requested to. have the ordinance and resolution presented at the same time and that the item could be brought back to Council at the June 24 meeting. Mot ion by Council Member Rosansky to continue the item to June 24, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 18. UPPER BAY AND HARBOR AREA MANAGEMENT PLAN (HAM) - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES FOR PROJECT MANAGEMENT (C-3832).138/100-20081 Mayor Pro Tem Daigle described a consultant list that she suggested be generated of consultant that work on harbor issues. Motion by Mayor Pro Tem Daigle to a) approve Amendment No. 2 to the Professional Services Agreement with Larry Paul and Associates of Newport Beach to provide project management services for the Harbor Area Management Plan and coordinate integration efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to Volume 58 - Page 511 City of Newport Beach City Council Minutes June 10, 2008 exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -078) transferring $25,000 from Account No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014- CO310929 (Harbor Area Management Plan); The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb,. Council Member Curry, Council Member Gardner 22. LEGISLATIVE UPDATE - GROUP RESIDENTIAL BILLS. (100 -20081 Laura Curran expressed concern about the regulation of the group homes and stated that the Health and Safety Code eliminates the City's ability to regulate zoning. She urged Council to advocate for the adoption of the integral facility definition through judicial and legislative means. She believed that the City should engage with leaders at the County and State level and incorporate the residents into the advocacy efforts. Daniel Weldon, Concerned Citizens of Newport Beach, noted that they have attempted to settle their disputes with the City and suggested that Council work to reduce overconcentration, reduce the number of beds, and not have group homes close to schools. City Attorney Clauson noted that the City will not comment on the negotiations until there is a final agreement, the City is involved in the mediation process, and as a condition all parties can't disclose any information at this time. Denys Oberman stated that there is a need on a local level to pursue the remedies of the Concerned Citizens of Newport Beach. Motion by Council Member Rosansky to receive and file the report. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb,'Council Member Curry, Council Member Gardner XIV. _ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Rosansky reported that the 4th of July Safety Committee met on Monday to discuss holiday preparations. He noted that Balboa Boulevard will be closed from Pacific Coast Highway to 32nd Street from Friday at 10:30 a.m. to Saturday at 1:00 a.m. Mayor Pro Tem Daigle stated that the Media and Communications Committee is working to revise the Communication Policy. Council Member Curry stated that the Finance Committee met with employees from Library Services and the Public Works Department to discuss the benchmarking process. XV. PUBLIC HEARINGS . 23. FISCAL YEAR 2008-09 PROPOSED BUDGET HEARING. 1100 -20081 Administrative Services Director Danner reported that a budget checklist will be prepared for City Council review. Volume 68 - Page 512 City of Newport Beach City Council Minutes June 10, 2008 Council Member Gardner requested to add $100,000 to match funds from the Corona del Mar Business Improvement District to begin phase two of the vision beautification project. Council Member Webb suggested that the Restaurant Association Business Improvement District's funding be reduced to $50,000 and asked that they match the funding. Council Member Henn suggested that the'Restaurant Association be increased by $75,000. Council Member Rosansky asked that.the artificial turf for Bonita Creek Park be added to the checklist. Mayor Pro Tem Daigle suggested that Council look for ways to fund the dredging project and stated that a potential project is to add landscaping on the dirt shoulder of Bristol Avenue. Mayor Selich opened the public hearing, Hearing no testimony, he closed the public hearing. Motion by Council Member. Rosansky to prepare a "checklist" of proposed changes to the proposed budget that will be reviewed by the City Council at the meeting of June 24, 2008, and direct the preparation of the budget resolution for adoption at the Council Meeting of June 24, 2008, including any "checklist" items that are recommended for approval. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 24. 2008 -09 APPROPRIATION LIMIT HEARING. (100 -20081 Mayor Selich opened the public hearing, Hearing no testimony, he closed the public hearing. Motion by Council Member. Rosansky to adopt Resolution No. 2008 -50 approving the City's Appropriation (Gann) Limit for the 2008-09 fiscal year in the amount of $139,044,407. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 26. PAVILION'S WINE TASTING APPEAL - 21181 NEWPORT COAST DRIVE - USE PERMIT NO. 2007 -029 (PA2007 -243) TO ADD A WINE AND BEER TASTING COUNTER WITHIN AN EXISTING PAVILION'S GROCERY STORE. 1100 -20081 Mayor Selich opened the public hearing, Hearing no testimony, he closed the public hearing. Motion by Council Member Rosanskv to continue public hearing to July 22, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council. Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council. Member Gardner 26. 'APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A 24 -UNIT CONDOMINIUM —SUBDIVISION ___ SEASHORE MLLAGE _RESIDENTIAL DEVELOPMENT (PA2007 -100) - 5516 RIVER AVENUE - MITIGATED NEGATIVE Volume 58 - Page 513 City of Newport Beach City Council Minutes June 10, 2008 DECLARATION; TENTATIVE TRACT MAP NO. 2007 -001; MODIFICATION PERMIT NO. 2007 -044; USE PERMIT NO. 2007 -011; AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2007 -001. [100 -20081 Associate Planner Murillo reported that the appellant requested that Council reconsider and reverse the action to adopt the Mitigated Negative Declaration (MND) and the action to approve the project. Mayor Selich opened the public hearing. Lennie DeCaro dismissed her request for the continuance. Mayor Selich closed the public hearing. Mgtion..by Council Member Rosanskv to adopt Resolution No. 2008 -51 adopting the Mitigated Negative Declaration (Sch. No. 2008021075) and approving Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No. 2007 -011 and Coastal Residential Development Permit No. 2007 -001, subject to findings and conditions of approval. Council Member Rosansky expressed support for the project and stated that it is a significant reduction in units and an increase in the number of off - street parking. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XVI. PUBLIC COMMENTS -None XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS_I{EPORT 27. PLANNING COMMISSION AGENDA FOR JUNE 5, 2008. 1100 -20081 Planning Director Lepo reported on the following items: Fury Rok & Roll Sushi (PA2005- 087); Sejour (PA2002 -167); Housing Element ((PA2008 -078); Panini (PA2007 -063); and OASIS Senior Center (PA2008 -109). XVIII. CONTINUED BUSINESS 28. SUNSET RIDGE PARK PROPOSED CONCEPT PLAN. [100 -20081 Recreation and Senior Services Director Morgan reported that the Concept Plan has remained true to the General Plan and staff took into consideration the issues raised by the residents. He stated that residents have requested that the active park, restroom, and tot lot be further from the residents and the backstop be reduced. He stated that they might use mobile /portable backstops and outfield fences to try to reduce impacts and proposed a buffer zone. He noted that they are working on security issues and wish to move forward. Rick Vanderwood, EPT Design, utilized a PowerPoint presentation to show the previous design, new site design, and features. -In response do Coundil questions, Mr. Vandeiwood s-fafed that _tB li riri er zone wilfbe heavily planted, made of serpentine, and be four to six feet high. Recreation and Senior Services Director Morgan stated that they will also look into including a bike trail and a Volume 58 - Page 514 City of Newport Beach City Council Minutes June 10, 2008 fitness circuit system. Katherine White expressed concern relative to road access from Banning Ranch, traffic, the number of lights, congestion, break -ins, toxic materials, and transients. She believed that the budget for this project should include road and toxic clean -up. Matt Irwin believed that the lookout point is not in the right area and that the bay views will be obstructed. He stated that, if land from the park is taken away, it makes the park less valuable. Byron Dearicle, representative for Soccer Families for Newport Fields, complimented the recreation staff for their outreach efforts, believed that the General Plan was respected, and appreciated the active use in the space. Waldemar Moosman believed that the Park, Beaches and Recreation Committee refused to consider alternatives to the General Plan and stated that the citizens voted for balancing the needs of the City and a healthy natural environment. He stated that the sports fields will destroy the natural element and cause excessive noise, and that there was no due process. Gary Wright, Board Member AYSO 57, supported the sports park and stated that it will serve the youths of the community. Stan Rosenthal believed that beachgoers will use the parking lot and there will be inadequate parking for park visitors. He requested that the buffer zone be leveled so that Newport Crest residents can still have a view. Fred Cornwall commended staff on their diligent pursuit of getting opinions and mitigating the residents concerns. He believed that parking will not be an issue and noted that there are no sports parks in the area. Jeff Braun, Regional Commissioner of AYSO 97, stated that he is satisfied and appreciated the progress. He explained the reason" for needing for the portable fencing and how the fields will be allocated between baseball and soccer. Jenny Lombardi believed that the buffer zone is a bad idea because it will give park patrons access to the residents and that there has been no compromise from the City regarding the design. She discussed a Newport Crest survey. Kristine Adams believed that there are too many elements in a small space. Jim Caras expressed concern about the roadway going through Banning Ranch and requested disclosures of any deals with them regarding the area. He also expressed concern about having a park at one of the most dangerous intersections of Newport Beach. Mike Smith expressed gratitude for having a sports park in the area. Lantz Bell, Board Member Newport Harbor Baseball, stated that the park is needed because the 13 to 14 year olds are playing in Costa Mesa. He noted that he is also concerned about safety and parking issues. Mark Gonzalez asked Council to consider a compromise of removing one of the activities. Oliver Fleener stated that there are no more vacant lots due to the population growth and a Volume 58 - Page 515 City of Newport Beach City Council Minutes June 10, 2008 sports park is needed in the community. Craig Farmer expressed support for the park and believed that children in the community would like to be involved with other sports besides beach activities. Council Member Rosansky stated that he advocated for the park and the General Plan designated the park to be active. He commended staff for trying to accommodate the needs of the Newport Crest residents and reminded residents that the park needs to accommodate the needs of all the residents of Newport Beach. Motion by Council _Member Rosansky to a) approve the proposed Sunset Ridge Park Concept Plan; and b) direct staff to contact the Newport Crest Homeowners Association to suggest that they appoint a member(s) to officially negotiate issues with the City. In response to Council Member Gardner's question, Recreation and Senior Services Director Morgan stated that they are working on parking issues and have even talked about staffing the parking lot. Council Member Webb stated that the bluff was originally graded for phase two construction of Newport Crest. He talked about other parks in the area and how they handle parking, traffic conditions, and noise. He complimented the architect for his efforts in making the park 50% passive and 50% active and expressed support for having moveable fences for softball. Council Member Selich complimented staff on the new design and for balancing the needs and interests of the community. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member. Webb, Council Member Curry, Council Member Gardner 29. APPROVAL OF TEN YEAR AGREEMENT WITH CR &R INC. TO PROVIDE RESIDENTIAL SOLID WASTE TRANSFER SERVICES AND MATERIAL PROCESSING/RECYCLING (MRF) (C- 2807). (381100 -20081 General Services Director Harmon reviewed amendments to Exhibit A including the addition of #12 to state "CR &R and the City mutually agree that CR &R will not use the City transfer station for the transfer or residential or commercial solid waste collected by CR &R at any other location than the City. The excess capacity of the City transfer station shall not be used by CR &R without prior City Council approval." In response to Council's questions, General Services Director Harmon stated that the equipment was sold for $226,000 to CR &R at no discounted rate. He stated that the annual tonnage is audited by requiring monthly reports and scales are used to know how much tonnage is moved out of Newport Beach. He reported that the diversion levels will have to be re- negotiated if the State later requires a higher diversion rate level. General Services Harmon stated that the agreement will not change the current practice of City crews collecting refuse in the residential neighborhoods. He also stated that July 1st will be the start of the processing fee, however, transportation will start on July 7 and noted that e version rate will change fo -40 on y s . can appy to a ity or an increase for the disposal portion of their fees for any direct increase in the Orange County landfill system, however, the CPI increase can not exceed more than 4% annually. The Volume 58 - Page 516 City of Newport Beach City Council Minutes June 10, 2008 agreement, will generate a cost saving of $600,000 per year and reduces the employment force in General Services by two full time positions. The $244,000 in the equipment replacement fund will be used to offset any purchase of Fleet. Motion by_Council Member Webb to approve the terms of the agreement, including amendments to the Scope of Services ( #2 & #3) and the addition of #12; and award a ten - year agreement with CR &R, Inc. through July 1, 2018 to provide residential solid waste transfer services and material processing /recycling (MRF). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tom Daigle, Mayor Selich, Council Member. Webb, Council Member Curry, Council Member Gardner 30. RECOMMENDATION FROM ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE REGARDING LIMITATIONS ON USE OF POLYSTYRENE FOOD PACKAGING MATERIALS. (100 -2008] City Manager Bludau asked Council to provide direction to staff relative to the prohibition of the use of Styrofoam products in the City. He believed that prohibiting the use throughout the whole City might be problematic. Council Member Gardner reported that EQAC will work with the Restaurant Association and add a hardship clause for restaurants with financial burdens and/or problems with acquiring substitutes. Ken Drellishak, Chairman EQAC, stated that all of the ordinances that they have reviewed included take -out foods and that the primary concern is that Styrofoam gets into the water and harms sea life. He stated that there are other Cities that have ordinances in effect that bans Styrofoam. He reported that the he has discussed this with the Restaurant Association. Gonna Holmes, Newport Harbor High School, stated that the students have been working hard on this issue and urged Council to make Newport Beach green Motion by Council Member Gardner to a) direct staff to propose an ordinance, including a hardship clause to ban the use of Styrofoam in City restaurants; and b) direct staff to take the draft ordinance to the Restaurant BID and Economic Development Committee for input. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 31. 3232 CLAY STREET - REQUESTING WAIVING REQUIREMENT OF DRIVEWAY ABANDONMENT -ENCROACHMENT PERMIT N2008 -0160. (I00 -2008] Public Works Director Badum stated that the owners are asking to waive Council Policy 1,- 2.0 so they can tear down the one car garage, and replace it with a three car garage and a second one -unit living space, which requires four parking spaces. In response to Council questions, Public Works Director Badum stated that a curb and gutter will be required. Assistant -City Manager Wood stated that the floor area is not an Volume 58 - Page 517 City of Newport Beach City Council Minutes June 10, 2008 issue in relation to parking. Council Member Webb expressed support for staffs recommendation to deny the encroachment permit because of the substantial redevelopment of the property and believed that there is enough room for four stalls at the rear of the property - Ross Maxwell, Project Architect, stated that they were not aware of the policy at the start of the project and asked Council to delay the abandonment of the curb until the second phase of the project. He believed that the Planning Department has a gross square foot area that needs to be maintained. Motion by Council Member Webb to deny Encroachment Permit N2008 -0160 to retain the existing curb cut at 3232 Clay Street based on its nonconformance with the provisions of Council policy Lr2.C. The motion carried by the following roll call vote: Ayes: Council .Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED.,,SESSION REPORT - Council recessed to Closed Session at 10:22 p.m and reconvened at 11:06 p.m with all members present. There was no reportable action. XX. MOTION. FOR RECONSIDERATION -None XXI. ADJOURNMENT -11:06 p.m The agenda for the Regular Meeting was posted on June 4, 2008, at 2.45 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 June 6, 2008, at 11:00 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Record' Secretarf- Mayor F®r, % r L City Clerk Volume 58 - Page 518