HomeMy WebLinkAbout01 - 07-10-2007 - MinutesAgenda Item No. 1
July. _24;.2007
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
July 10, 2007 — 4:00 p.m.
I. OL�L CALL
Present: Council Member Henn, Council Member Cur ayor Pro Tern Selich, Mayor Rosansky,
Council Member Webb, Council Member Da' cil Member Gardner
H. CURRENT -BUSINESS
1. CLARIFICATION OF ITEMS ON E C NSENT CAL
In response to Council Mem G er's questions, Pubfic orks Director Badum
indicated that they are pleased th a bid in Item 9 (Coast Hig ay Medians) is so low
and that the contractor has done wor the City previously. He noted that the project may
be delayed, however, b use the ape . King Palm Trees are hard to acquire so the
project may need to be Regarding 11 (Newport Terrace Landfill Gas Collection
and Control System), Cit Clauson orted that this item is the settlement that
arose from the dispute of o was sible fo taining the wells.
In response to Council Mem r He s quesij City Manager Bludau confirmed that the
total cost study in Ite 1 WA Departtre Pattern Study) is $88,000 and that the
City w' a pa g for the stu Regarding Item 16 (Two Groups to Raise Funds for OASIS
Sem Center a d Marine 1/1 morial), City Attorney Clauson stated that the committees
do n ve to ve tax exemp tatus since they will be raising money on behalf of City
projects; a City is a to xempt entity. Further, the committees will not exercise
In respo to C cil Member Curry's questions relative to Item 15, City Manager Bludau
indicated t�ttrn t of anticipated that the report will support changing the take -off
patterns. Clauson added that the information will be mainly used to answer
the public's ts.
2. EVIEW 019 PROGRAMS AND GRANTS DEALING WITH WATER QUALITY.
It the nsensus of Council to continue this item to a future study session.
S. DRAF TRATEGIC PLAN FOR FISCAL AND ECONOMIC STABILITY. [100 -20071
Assistant City Manager Wood noted that this is the City's lust economic development plan
and that there are consulting resources available that will give the City information relative
to small tenant spaces in older commercial areas and retail market information. She
reviewed the staff report, noting that they believe the plan can be implemented with current
staffing. She reviewed the consultant costs and indicated that, if the plan is supported, a
budget amendment would be brought back to Council.
In response to Council questions, Assistant City Manager Wood explained how staffing will
be handled when one of the key staff members leaves and confirmed that some of the tasks
could be done in -house if the City had enough planning staff resources. Council Member
Volume 58 — Page 206
City of Newport Beach
Study Session Minutes
July 10, 2007
Henn noted that the plan purposely parallels the General Plan.
It was the consensus of Council to move forward with the Strategic Plan and have staff
bring back a budget amendment.
4. COMPRESSED NATURAL GAS STATION /ALTERNATIVE FUEL VEHICLES.
General Services Director Harmon utilized a PowerPoint presentation to highlight the
mandates set by the Air Quality Management District (AQMD), the types of fuel heavy duty
vehicles use and the benefits of ComprXopport a CNG), the number of City vehicles
that are subject to the mandates, the alternative fuel program and costs
involved, the benefits of and coats invhr/private fueling station partnership
with Clean Energy, the modifications fleet maintenance shop, the number of
vehicles needing replacement, which have CNG stations and which use
alternative - fueled vehicles, possible fuand the timeline for design and
development of the program .
General Services Director Harmo afl porte t the AQMD m ates do not apply to safety
vehicles. He pointed out that othe ity vehicles could alternative fuels. He
reported that the fueling station cost $1 million; however, der the publiclprivate
partnership with Clean Energy, th 'ty would be responsible for $100,000, be given a
preferential fuel price f City vehicles, d receive royalty payments. He stated that Clean
Energy estimates tha 000 gallon will be sold from the City's station. He
indicated that Costa M reseed in at in fueling their heavy equipment in the
City. He emphasized tha he p is also oactive step in reducing air pollution and
increasing environmental ponsib'
General S ector H mo scussed t possibility of piping the City's oil field gas
down erior venue d repaving project in order to bring it into the fueling
stati . He po ted out th currently, the only hook -up comes from the Southern
Cali 'a Gas ompany. He ted that permits could take 8 to 12 months and the City
might n e uipment un one year after it is purchased. Public Works Director
re d about $300,000 to run the 4" gas line in the Superior
ve roje
In respo to Co questions, General Services Director Harmon reported that the diesel
trucks get out 3 o miles/gallon, a natural gas front loader costs about $230,000 and a
diesel refus ont loa r costs about $160,000, the School District uses the Fountain Valley
station, and the closest stations to the City are in Irvine and Huntington Beach. He
EE d th the closest agency that could maintain large CNG equipment is in Irvine, but
ed cern about the downtime that may occur. He confirmed that the fleet would be
re b bout 50 percent if the City outsourced refuse services.
Mayor p6sansky clarified that the City has been disposing of its methane gas by selling it to
Hoag Hospital at a discounted rate; however, buying gas from both the City and the Gas
Company lowers their priority with the Gas Company which could be a problem during an
emergency. He emphasized that the City may need to shut down the oil fields until it finds
another way of disposing the gas. Council Member Webb noted that the revenue from the
sale of methane gas is only between' $70,000 /year to $80,000/year.
In response to Council questions, Charles Alshuler, Clean Energy, indicated that they could
look into using the City's surplus natural gas, as long as Clean Energy is able to tap into the
City's gas line. He confirmed that the gas would need to meet specifications to power a
vehicle. He further explained how equivalent pricing is calculated between CNG and
regular fuel, and that he calculated CNG to be about $1.95 /gallon. Regarding the safety of
Volume 58 - Page 207
City of Newport Beach
Study Session Minutes
July 10, 2007
the tanks, he discussed the rating of the tanks and that there is minimal gallons of gas in
the tanks. He reported that a tank only holds about 300 gallons.
General Services Director Harmon confirmed for City Manager Bludau that the CNG facility
would not conflict with the household hazardous waste facility since they will be located at
different areas of the Yard. He pointed out that the City has staff that can maintain the
safety vehicles and some that have limited CNG vehicle maintenance training. He reported
on what changes will need to be made to the shop in order to maintain CNG vehicles. He
concurred that the shop modifications are still necessa regardless if the City does not
conduct its own refuse collection. He indicated that he d ask whether it were possible to
convert only half the shop. He explained what es of trucks the General Services
Department uses and noted that the City has not based a refuse truck since 2002.
Council requested more information al
costs, outsourcing vehicle maintenance,
take to make the gas vehicle- compati
station. General Services Director
company they found that boil nd
However, they could put togeth Rego
with
ns for thl
and if there
other cities, how to reduce
methane gas, what it would
ier providers for the fueling
Mindicated t Clean Energy is the only
ains fueling sV&ns and handles billing.
For Proposal (RFP).
Mayor Rosansky requested that the also explore whether the City is providing refuse
service in a cost efficie t manner fort level of service provided. Council Member Henn
indicated that he could de the Mayor a study he prepared.
Council Member Gardne be at the needs a CNG station and asked staff
to come back with answers Coun stions he process can move forward. General
Services Director Harmon ted th e a want to move forward with the fueling
station an ipeline ins ati on Superi venue, and conduct a separate discussion
City Clerk
and
None.
Session was posted on July 5, 2007, at 3:50 p.m. on the City Hall
tside of the City of Newport Beach Administration Building.
Recording Secretary
Mayor
Volume 58 - Page 208
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 10, 2007 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:29 pm
III. RECESS
IV. RECONVENED AT 7:00 P.M. 1
V. ROLL,CALL
Present: Council Member Henn, C
Rosansky, Council Member
"i
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION- Reverend R
FR
r
XI.
that the
and recognize
for work, done la
presented it to d
X f ornia Parks
eation staff.
r Curry, Mayor PrRTem Selich, Mayor
Member Daigle, Council Member Gardner
Universalist Society
1 DisneylsiV Scholarship Recipient - Mayor Rosansky announced
be at a later ate because the recipient isn't present.
'Parks and Recreation Month" - Recreation and
Morgan a ced that July is Recreation Month. He also introduced
received an award from the California Parks and Recreation Society
and the call of duty. Mayor Rosanksy read the proclamation and
ati and Senior Services Director. Janet Cates from District 10 of the
:rea on Society presented the Special Agency Recognition award to the
REPORT INON-DISCUSSION ITEM):
Council Member Henn extended thanks to the Police, Fire and Lifeguards for maintaining
public safety and order during the 4th of July holiday. He also thanked the General Services
Department for the early morning clean -up the day after.
Council Member Curry reported that he attended the fundraising steering committee meeting
for the new OASIS Senior Center and reminded everyone that the committee is taking
donations.
Volume 58 - Page 209
City of Newport Beach
City Council Minutes
June 26, 2007
XII.
Council Member Curry asked that staff bring back a status report on the DMJM study on July
24th and provide an appropriate agendization so council can consider whether it's appropriate
to give direction as to the relocation of City Hall.
Council Member Webb thanked responsible parties for the Mariners 4th of July parade and
expressed his appreciation to the Police Department for a job well done during the 4th of July
holiday celebration.
Council Member Daigle stated that she asked whether the uilding Director could generate
reports for Council which include processing times and ho any plans are received monthly,
so problems can be identified to help residents get plan ecks faster. She believed that a pre-
screening process could be instituted in which plans meet a minimal criteria before being
accepted.
r
Council Member Daigle reported that the S legislature p ed AB1400 (Universal Design
Features) to help people who are aging an ail w o have tempo or permanent limitations
or disabilities. She asked that the Buil ' D�r work with the ding Code of Appeals to
come up with guidelines to assist the wing , eds of seniors in the co unity.
Council Member Gardner thanked the Gg 1 Services Department for their clean -up efforts
because the beach was cleaned very early on 5th of July.
Council Member Gardner sta
followed by some residents an
She would also like City Attoi
Agreement from 1999.
Mayor Rosa sta d that he
Senior Cen . and th ed those
Fire Ha and Modification Zone guidelines are not
residen ar these areas on an as- needed basis.
u pro a copy of the Hazard Reduction
over the installation of new officers at the OASIS
d and the new officers.
1. Tdlobcy THE ADJOURNED REGULAR AND REGULAR
26, 2007 [100 - 20071. Waive reading of subject minutes,
tten and order filed.
2. ING OF ORDINANCES AND RESOLUTIONS. Waive reading in full
rdinances and resolutions under consideration, and direct City Clerk to
title only.
3. AMENDMENT TO THE TRAFFIC PHASING ORDINANCE (TPO). [100-
20071 Introduce Ordinance No. 2007 -12 amending Chapter 15.40 of the NBMC
(the Traffic Phasing Ordinance) to delete references to NBTAM and to make
the Institute of Transportation Engineers' Trip Generation the primary source
for calculating trip generation rates.
Volume 58 -Page 210
City of Newport Beach
City Council Minutes
June 26, 2007
C. RES_O.LL T1ONS.,FOR_ADOPTION
4. RESOLUTION TO POST A STOP SIGN FOR NORTHBOUND ORANGE
STREET AT CANAL STREET. [100 -2007] Adopt Resolution No. 2007 -50
for the installation of a stop sign to require northbound Orange Street traffic to
stop at Canal Street.
5. PROPOSED ASSESSMENT DISTRICT NO. 94 - PACIFIC DRIVE -
ABANDONMENT OF ASSESSMENT DISTRICT PROCEEDINGS.
[891100 -2007] a) Adopt Resolution No. 209)- 51 for the abandonment of
Assessment District No. 94; and b) approv budget amendment (08BA -003)
appropriating $33,950.87 from the un pri ated General Fund balance to
cover project design and engineering nses incurred to date that will not be
recovered by the City.
6. PROPOSED ASSESSME STRICT N . 9 - BALBOA BOULEVARD
ALLEY - ABANDO NT OF SSMENT DISTRICT
PROCEEDINGS. (89/ -2007 a) Adopt Reso n No. 2007 -52 for the
abandonment of As went istrict No. 99; an approve a budget
amendment (08BA- priating $79,201.69 fro he unappropriated
General Fund balance ver project design and engineering expenses
incurred to date that will not recovered by the City.
D. CONTRACTS AND ENTS
7. ACCEPT FI G T. [381100 -2007] a) Accept the
Fireman's Fund ritage nt the amount of $16,360 to purchase a
terized tes ben for m fining the self contained breathing
p tus equipme BA); b) approve a sole source contract (C -3950) with
AIIS Fire Equip t Inc. with an amount not to exceed $16,360 for the
comp terized test be h; and c) approve a budget amendment (08BA -001)
rare ing revenue es ates by $16,360 in 2320 -4914, and appropriating those
epart t account 2320 - 82007.
S. RIAL SEICES FOR BEACH AND PARK RESTROOM
CIL ES (C- 3399). [38/100 -2007] Approve the Assignment of Service
emen 'th A -1 Spinelli, assigning all of SpinelUs rights, obligations, and
li ' 'ties to 'sance Enterorises.
9. CqAST HIGHWAY MEDIANS - PHASE 1 -B - AWARD OF CONTRACT
\/tabhsh 867). [38/I00 -2007] a) Approve the plans and specificatons; b) award the
rt (C -3867) to Mega Way Enterprises for the total bid price of $253,740 thorize the Mayor and the City Clerk to execute the contract, and c) an amount of $25,000 to cover the cost of unforeseen work.
if. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL
SYSTEM - AWARD OF CONTRACT (C- 3651). [381100 -2007] a) Approve
the plans and specifications; b) award the contract (C -3651) to Innovative
Construction Solutions, Inc., for the total bid price of $818,800, and authorize
the Mayor and the City Clerk to execute the contract after the Newport
Condominium Association and the City have deposited funds into an escrow
account as required by their settlement agreement; c) establish an amount of
$80,000 to cover the cost of unforeseen construction expenses; d) approve
Volume 58 - Page 211
City of Newport Beach
City Council Minutes
June 26, 2007
MII.
E.
10.
Amendment No. 1 to SCS Engineer's current agreement to provide for
construction support services in the notto -exceed amount of $83,162 and
authorize the Mayor and City Clerk to execute the Amendment; and e) approve
an On -Call Professional Services Agreement for Capital Improvement Program
Consultant Services with Gail P. Pickart, P.E. and authorize the Mayor and
City Clerk to execute the Agreement.
MISCELLANEOUS
12. CONTRACT FOR ENVIRONMENTAL ONSULTING SERVICES -
HOAG HEALTHCARE CENTER ENVI ENTAL IMPACT REPORT
(EIR) (C- 3952). [381100 -20071 Receive d File.
13. RECOMMENDATION FRO ONOMIC DEVELOPMENT
COMMITTEE (EDC) TO FILL C VA CIES. [100 -20071 Fill current
EDC vacancies by appointin ennifer A. zalez as the Public Utilities
representative and Scott Pa r as the represen a from Corona del Mar.
14. APPOINTMENTS E RONMENTAL ALITY AFFAIRS
COMMITTEE (E [ 20071 Appoint Micha Pascale (District 3
Member); Susan Knox (E nmental Expertise Member , and Timothy Stoaks
(Community Association Me r) to EQAC.
15. JOHN WA RPORT ( DEPARTURE PATTERN STUDY (C-
3953). [38110 thorize t ity Manager to contract with ARTS to
conduct a study the releva commercial air carrier arrival and
departure patte at re ended by the Citizens Aviation
ittee. The c trac all be cope of Services as presented and shall
t eed costs pro y ARTS in a form approved by the City Attorney.
16 COU CIL AUTH ZATION FOR TWO GROUPS TO RAISE FUNDS
ON EHALF OF C SUPPORTED PROJECTS - 1) OASIS SENIOR
UND R ING AND ADVISORY COMMITTEE AND 2)
I AL COMMITTEE. [100 -20071 Give approval for
both ups to raise ds for their specific projects.
Motion ro. Tern Sellph to approve the Consent Calendar, except for the
item remoled W10).
The motiorfcarried by the following roll call vote:
es: Co cif. Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Ro nsky, Council. Member Webb, Council Member Daigle, Council Member
ner
REMOVED FROM TFIE_C_.ONSENT CALENDAR
CONSULTANT SERVICES FOR PERFORMANCE BENCHMARKING
INITIATIVE (C- 3951). [381100 -20071
Council Member Gardner asked why the City is hiring a consultant to hire consultants.
City Manager Bludau stated that the consultant will oversee a lengthy process and
review the Requests for Proposals, but the final selections will be made by the Finance
Committee with a recommendation to Council- Council Member Daigle stated that
Volume 58 - Page 212
City of Newport Beach
City Council Minutes
June 26, 2007
hiring the consultant will help avoid pitfalls because the City will be hiring someone
who has expertise in the field. Council Member Webb added that it was his
understanding that the consultant will help with the initial survey process and, based
on the results of the survey, there will be a review. Council Member Henn stated that
there is a need to have one person drive through the process and take on the
responsibility. He believed that the consultant will get the City through the process
more quickly and efficiently. He reminded Council that the point of the project is to
have a careful evaluation and to deliver the best service at the lowest cost to
the residents. a
Motion by Council Men ber „Daigle to
Associates to assist the City with its
Initiative.
The motion carried by the following
Ayes: Council Member Henn,
Rosansky, Council Mee
Gardner
XIV. PUBU HEARING
17. NEWPORT
3485, 2920 N
Senior Planner Campbefkol
Brewing Company was
recommer
brough it attention
and He eked that C
al 1 sales, hanging the
retain a services of Phil Batchelor and
3ervidC and Performance Benchmarking
vote:
fiber Curry, r Pro Tem Selich, Mayor
'ouncil Membe aigle, Council Member
QConditional EVIEW OF USE PERMIT NO.
77). [100-2007]
the permit that the Newport Beach
d that the Planning Commission
nts from residents and issues were
se Permit (CUP) Conditions #6, #9
il consider changes such as regulating the amount of
plan, or changing the closing hours.
In resp a Pro Tem lich's questions, Senior Planner Campbell stated that
beer and that the definition of a bar is on page
3 o s ort. Mayor sansky stated that most restaurants are acting as a bar
Na t som ricd he day.
Bruce Lo spokes on for the Cannery Village, submitted records from a Planning
Commissi meeting in 2006 and the Council meeting of March 27, 2007. He stated
that the p blems in the parking lots disrupt peace in the neighborhood. He reported
that the swing Company agreed to some conditions at the Planning Commission
aring a enacted them for a short time. He urged Council to require them to close at
11 p.
In re onse to Council Member Webb's questions, City Attorney Clauson stated that in
a de novo hearing, Council considers the action taken by the Planning Commission
based on the testimony. Council should also consider everything new in order to take a
fresh look at the information received at this meeting to make a determination.
In response to Council Member Gardner's questions, Mr. Low stated that the line is
currently in the front of the Brewing Company but the problem is that they decide what
time to start the line. He stated that he knows that the problems come from the
Brewing Company because he has seen patrons come out of the Brewing Company, go
Volume 58 - Page 213
City of Newport Beach
City Council Minutes
June 26, 2007
into the parking lot, and back inside.
Drew Wetherhault stated that there is an over - concentration of bars and he is sick and
tired of issues that are related to them. He believed that it has gotten worse since
1993.
Kevin Weeds, business owner in Cannery Village, referred to Condition #6 and stated
that the Brewing Company is operating as a full blown bar. He stated that, after 11:00
p.m., the restaurant serves 90% alcohol and the restaurant is only open to satisfy the
condition of the CUP. He asked that Council enf Condition #6 to comply with
the Coastal Commission requirements and reques that Council require the Brewing
Company to close at 11:00 p.m. He sta that the Coastal Commission
requirements was contacted and their Ives ' ion determined that the City is in
violation of complying with Coastal Com ' ion uirements and recommended that
the City correct Condition #6.
Billy Stade, resident and
years and the Brewing Coi
curtail the problems in the
Judy Leeper stated that she di
believed that the Brewing Companyll
residents have compl4jKd about and
the only restaurant in'jP4kjLa with a
stated that as dealt with this for two
.de by the Pla Commission decision to
t noise when she moved' into the area. She
gone out of its way to fix the problems that the
they have been singled out because they are
rzkff lot.
George Leeper stated ;thelin g lot a Brewing Company is a problem,
but the area is quieter wh to a front of the restaurant.
George er agreed tewing Company is a problem, but doesn't feel that
they a bein singled ouved that the issue is that they are under a CUP
th hey sho d be forced .
Tod ringle an sociates r eported that he is currently working with
rewi Comp issues and wanted Council to know that they are
ad in He sta that the Brewing Company has reached out to the
reside to a ss their concerns and are taking the issues seriously.
Jerry bly, ral Manager/Partner of the Newport Beach Brewing
Company, resented letter that he received from a business owner in the area that
states he s witnessed no problems at the Brewing Company. Mr. Kolbly stated that
the lines Newport Boulevard begin at 9:00 p.m., but have been queued earlier if
In nse to Council Member Henn's question regarding the nature of the business,
Mr. only stated that the brew pub did not have a liquor license until the new permit
was granted in 1999.
In response to Mayor Rosansky's question regarding security, Mr. Kolbly explained
that they have five security guards on Fridays and Saturdays, and he is not adverse to
having a security guard posted in the parking lot.
Stephen Miles, attorney for the Newport Beach Brewing Company, handed out written
versions and exhibits of his presentation which focuses on the noise impact to the
neighborhood from the parking lots. He reported that the line has been relocated to the
Volume 58 - Page 214
City of Newport Beach
City Council Minutes
June 26, 2007
front of the restaurant and it has been effective. Further, there are voluntarily
implemented measures in place, such as line relocation, a security plan and security
guard presence, a bottle recycling program, trash enclosure improvements, alcohol
training, and participation in the LEADs program for alcohol awareness. Regarding
Conditions #9 and #10, he affirmed that the Brewing Company is in full compliance.
Jay Leonard stated that the Brewing Company is a meaningful restaurant in the
community.
Eric Blasedell, security for the Newport Beach Br g Company, stated that their
security is in full force. He reported that custom are carded to ensure that under -
aged patrons are not served alcohol. Further inner is served during all hours of
operation.
Colin Boylin believed that the
area with respect to the comfo,
the ordinary.
Tony Sheperdson stated tha
hand. He indicated that he is
wanted Council to know that
address the issues and concerns
Mike Nielsen spoke of
has a lot of sentimental
Bruce Low stated that ]
guards a ain urged
Gab ' r n, restau
ca d is to e' sure that
In res e ` cil 11
npany is rent from the other bars in the
stated that hasn't noticed anything out of
need and witnessed negative issues first
actly what bar the list acces come from but
a problem in the area. a asked Council to
ddents and calm the situation.
of the Brevft Company and stated that the restaurant
s import him and many others.
restaurant that has five security
p.m. closing time.
mer in Seal Beach, stated that the reason people are
are not served alcohol.
rdner's questions, City Attorney Clauson stated that,
was not defined in the code; however, in 1996,
xde eating and drinking establishments.
In resp a to cil Member Daigle's questions, Planning Director Lepo stated that
the City allowe a Brewing Company to use the public municipal parking lot. He
reported t t the lot s subject to Coastal Commission approval and they do not allow
the use of municipal parking lots during the day, seven days a week for private retail
use in ordr to ensure coastal access.
Alember Webb stated that he visited the Brewing Company twice and did not
"Problems inside or out, so he doesn't feel that the City should condition the
of food to the alcohol ratio.
Council Member Curry believed that getting a handle on the parking lots is the key to
maintaining order and will bring relief to the neighborhood.
Mayor Pro Tem Selich stated that he was a Planning Commissioner at the time of the
vote to allow alcohol as a condition of the use permit. He explained that the intent was
to help the restaurant business survive.
Mayor Rosansky stated that Council needs to look at the totality of the operation. He
Volume 58 - Page 215
City of Newport Beach
City Council Minutes
June 26, 2007
XV
indicated that he is convinced that the Brewing Company is a restaurant with bar -like
aspects, similar to other restaurants in the area. He suggested that there be a joint
effort from all of the bars in the area to get security so the level of activity
decreases. He also stated that it is up to the Coastal Commission to enforce their rules
in regard to Condition #6.
Council Member Henn believed that the Brewing Company is a restaurant. He
believed that the questions are: 1) is there a nuisance associated with this place of
business, 2) was the permit granted appropriately, an 3) is the Coastal Commission
issue appropriately dealt with by staff. He stated at he is convinced that staff
has appropriately dealt with the Coastal Comm,,, on issue. He reported that the
permit can be revoked but the nuisance issue ' till an open issue in which he is not
agreeing with either side. He believed that representation when the permit was
granted was very clear. He hoped that t side will have relief from the problems
that have occurred in the past; howev a does no 1 that there is enough evidence
to substantiate closing the Brewing pany at 11:00 p.
Motion,_by C,o_nn -a l„ Me be Alenn propose movin and on the basis of
Attachment #2 with staff to me b with a revised re tion that revises the
findings to indicate that this on is not clear as to the 'sane issue or the
representations that were made at time the permit was granted and that this issue
be reviewed again one year by later than July 31, 2008, by the Planning
Commission as to the rice issues, t cord associated with nuisance issues and to
consider the determin Nether or the original representations made by the
Brewery at the time y we ted th ermit appear to have been and are
continuing to be true a ut then f its mess. Condition #19 to be clarified
that the entry line must move the o the restaurant at the earlier of the
formati a line or 9:0 p. and used fo ingress and egress except in emergency
purp sae days a we Condition #22 to be modified to make sure that the
as ty plan. a full- a security guard posted in the parking lot owned by the
Bre of 9:00 p.m. and t ugh one half hour following closing and staff to come
back a endation . out the best way to improve security on the City lot
een hou m. and one half hour after the closing of the
B Co 'tion #9 to y odified to require that reports be provided that indicate
the pe tages unit volumes of food, beer, and alcoholic non -beer beverages sold by
the ho m 9: m. to closing Thursday, Friday and Saturday nights and that such
records submit to the City Code. Enforcement Department within 15 days
following a end of every quarter in order to establish a record of what the Brew pub
has becom , what it is today and give the Planning Commission the ability to make a
udgemen bout whether or not the original approval was based upon true and correct
omme ations that are continuing through today.
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
Noes: Council Member Gardner
Tom Moulson discussed the ballot initiative for the City Hall location. He stated that the
residents should have the choice of where the new City Hall should be located.
Volume 68 - Page 216
City of Newport Beach
City Council Minutes
June 26, 2007
XVI.
1•OWiil
XVIII.
ORAL REPORTS FROM.C,ITYCOUNCILON WMMITTEEACCTHITI_ES
Council Member Gardner reported that she and Mayor Rosansky met with Assistant City
Manager Kiff to set up a Request for Proposal regarding the concession stand at Corona del Mar
State Beach.
GQNTINUED BUSINESS
18. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR NEWPORT
COAST FULLY AUTOMATED RESIDENTML REFUSE COLLECTION
SERVICES. [421100 -20071 jr
General Services Director Harmon highhghtel&e previous and newly proposed refuse
and recycling contract for Newport Coast. 40 re that the City received proposals
from CR &R Inc., Ware Disposal, Rainbo ispos aste Management, and Republic
Services and the lowest responsive came from R, which represented a 28%
decrease from the current contra ith Waste Manag nt of Orange County. He
stated that staff recommends tha a IC nter into a ten contract with CR &R.
In response to Council qu garding safety and vio on reports, General
Services Director Harmon stated letters requesting their records were sent out to
all of the franchise haulers. He rted that the changes to the contract include
requiring an audit a hauler's exp a and a requirement to meet the defined
service level. He state a new con will be presented to Council in August.
In response to Council mber Da uestio egarding the diversion contract with
CR &R, General Services hector o d that the current contract expires
in FebruafkVD08.
their
The
Ayes:
with Fewport Coast
oricelHe asked that
to provide
of Orange County, stated that they recently did a
ants that proved that the residents are happy with
:il consider keeping the current contract.
Penn to direct staff to negotiate a ten year agreement
automated residential refuse collection services in the
following roll call vote:
Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
y, Council Member Webb, Council Member Daigle, Council Member
19. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 28TH
REGULAR CITY COUNCIL MEETING. [100 -20071
In response to Council Member Henn's question, City Attorney Clauson stated that the
Group Home issue can be heard by Council in September.
Motion by Council Member Webb to forego the regular August 28th Council
meeting.
Volume 58 - Page 217
City of Newport Beach
City Council Minutes
June 26, 2007
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
20. CODE ENFORCEMENT AND INTENSE RESIDENTIAL OCCUPANCIES
(IROS). [100 -2007]
City Manager Bludau stated that Assistant City Ma ger Kiff will be working on the
enforcement of regulations for the Intense Residen ' O - upancies (IROs) and the code
enforcement's approach to neighborhood nuia ces and building code violations.
Further, Assistant City Manager Kiff will h nd maintain a regular dialogue with
members of the community who are interes in ' issue.
In response to Council questions, As tant Manager stated that complaints will
be handled aggressively and p ctiv ly. Additions 'olations will not only
be handled after a complaint, b taff handle violatio hen they see them. He
reported, that previously, the did act on anonymous laints, but if the code
enforcer got a complaint and that the complaint was re ble, follow up would
be done. Regarding resources, Cit torney Clauson reported that the intent is to get
a trained administrator and an educa erson to handle regulations correctly.
Council Member Hen hat toughe orcement is needed for a broad range of
issues, like vacation ren rdinanc CUP enforcement (mixed use),
ordinances/regulations a mobile arks, asked that it be broadly construed.
He recommended that a p n eac rtment enforce rules by toughening the
regula
Ci ttorne Clauson sum zed the expectation from Council relative to her role in
th orcem nt of nuisances d violations and discussed what other cities are doing
to de ith lties. She discussed the option of having an in -house criminal
secu e
Coun Mem Webb stated that staff needs to interact with each other on all
levels ding a violations.
In respon to Coun&I Member Daigle's question regarding criminal cases versus civil
cases, Cit Attorney Clauson stated that injunctions in civil courts can take longer if
the reside don't comply, but criminal courts take the issues more seriously.
!r Bludau stated that he wants to make sure that Council understands that
citations will make a number of residents angry.
Lori Morris thanked Council Member Henn and Assistant City Manager Kiff for
working with the departments to make changes and thanked the Council for
considering Council Policy K -9.
Cynthia Koller thanked Council Member Henn, Assistant City Manager Kiff, Barry
Eaton, and the Planning Commission for their interest, dedication and support for the
residents, and invited Council to her home to see the character change in her
neighborhood.
Volume 58 - Page 218
City of Newport Beach
City Council Minutes
June 26, 2007
Motion..by Council_Memher Webb to approve the proposed amendments to Council
Policy K -9 (Code Enforcement) which reflects changes in Code Enforcement's approach
to neighborhood nuisances and Building and Zoning Code violations.
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
XDL MOTION_ FOR RECONSIpB$ATION -None.
XX. ADJOURNMENT -10:67 p.m.
The agenda for the Regular Meeting was posted July 5, 7, at 3:50 p.m. on the City Hall
Bulletin Board located outside of the City o ewport Bea dministration Building. The
revised agenda for the Regular Meeting w osted on July 6, 7, at 2:20 p.m. on the City
Hall Bulletin Board located outside of th y of wport Beach A titration Building.
Mayor
Volume 58 - Page 219