HomeMy WebLinkAbout01 - Minutes - 10-14-2008Agenda Report No. 1
October 28, 2008
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
October 14, 2008 — 4:00 p.m.
I. ROLL. CALL.
Present: Council Member Henn, Mayor Pro Tem Daigle,
Council Member Curry, Council Member Gardner
Absent: Council Member Rosansky ,
II. CURRENT. BUSINESS
1. CLARIFICATION OF ITEMS ON THE
A
Mayor Pro Tem Daigle requested that the
(Kings Road/Kings Place Pavement Reconsti
In response to Council I
Environmental Consulting
confirmed that staff will be
Public Works Director Badum clarifi
Highway Relinquishment), the City i
bridge over Back P@& Channel and
Council Me
prior to the
Police Chief
the boavdsa
ffiae to its
to appropriate 1
enforcement the
noted that there
it.
ON THE
the
Selich,
CALENDAR.
Member Webb,
design schedule be included in Item 5
Kior to its approval.
Item 16 (Contract for
mt City Manager. Wood
for C�"ncil Memr Gardner that, for Item 20 (Coast
Xe sting that Caltrans evaluate the condition of the
9rently there are no problems with the bridge.
hical error on the letter that needs to be amended
[100 -20081
issed the Aille t types of mobility devices that have been used on
>rted that only pedestrians, skaters, and bicyclists are permitted on
that it is difficult to conduct enforcement on some of the devices
..
la cation, but emphasized the need for education relative
'd ices and boardwalk safety. He highlighted the types of
Department has on the boardwalk. He discussed surrey cycles and
one company in the City that rents Segways.
esponse to ouncil questions, Police Chief HIein confirmed that only sworn Police
O can iss citations and discussed issues related to citing for excessive speeds on the
boar emphasized that all motorized devices are probibited on the boardwalk,
except gways or devices used by the disabled. He confirmed officers have the
discretion cite surrey cycles, but the operators probably won't be cited if they notify the
customers that they cannot ride on the boardwalk. Council Member Webb noted that the
Palm Street operator is storing the surreys on the sidewalk.
Council Member Rosansky joined the meeting at 4:14 p.m.
Laura Keen expressed concern about the excessive speeds that people travel on the
boardwalk because they could collide with small children. She hoped that the current codes
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City of Newport Beach
City Council Study Session
October 14, 2008
will be enforced.
Regarding creating a sidewalk just for bicycles, discussion ensued relative to the placement
of the sidewalk in relation to the boardwalk, whether bicyclists would speed more if they
had their own sidewalk, and whether this would invite more traffic into the area.
Max Liskin believed that Segways are less offensive and recommen d that the City enact
some type of passive enforcement, like speed bumps, cameras, and 0yup signs. He expressed
concerns relative to electric bicycles and provided a handout.
Dorothy Beek believed that the problems on the boardwalk to to motorized vehicles and
lack of enforcement, and took issue with surreys. She re ed that boardwalk maps
indicate that the speed limit is 8 mph.
W. R. Dilby asked who handles the problem with pjAking surreys on t ewalk and took
issue that this operator has a conditional use rmik when it cannot ly with City
regulations
Louise Fundenberg, President of the Cen Ne ort Beach Community Association, read
their four policies regarding the board rea. She encouraged aggressive police
enforcement.
Council Member Gardner suggested installing flashi eed signs to remind people of the 8
mph speed limit.
Council Member Henn comment that s is notcceptable and that change is
needed. He requested that a repor me bac ith a plan to conduct community
outreach and that business operator as we as residents, should be invited to participate.
Council Member W equested tha a enforcement visit some of the surrey operators to
review what the ng. He state hat the boardwalk should be called an ocean front
sidewalk to in it in e obvious to bik renters.
S. UNDERG ND SESSMENT D TRICT STATUS REPORT AND GUIDING
PRINCIPLE VI
Dep 'c Director Webb provided handouts and utilized a PowerPoint
atio discus a guiding principles for assessment methodology. He displayed a
ap of the Ci asses t districts. He confirmed that the assessment fee is initially
spread equally b then is red depending on assessment benefits.
Joan Cox, Ha & Associates, discussed the benefit factors (safety, aesthetics, and
nnection bene )and how they play a part in determining the assessment amounts. She
Ythatevery ssessment engineer has their own point of view on how to assess benefits,
bu with the community when conducting their analysis. She emphasized
that erence between enhanced views and aesthetics.
City auson highlighted Proposition 218 and indicated that the assessment
engineer is required to identify if there is a specific benefit to a property, and this amount
cannot generally be spread to other properties who may not receive the same benefit.
In response to Council questions, Deputy Public Works Director Webb indicated that the
guiding principles assist with the process, but limited resources and the cost of the
assessment district can delay pending projects. Eddie Marquez and Tony Matthis of
Southern California Edison (SCE) discussed staffing and resources, reasons for possible
delays in drawing up a district, how the tariff regulates who can design the projects, the
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City of Newport Beach
City Council Study Session
October 14, 2008
complexities of Rule 20, the difference between Rule 20A and Rule 20B, and the bidding
process and prevailing wage. Mark Rush of AT&T noted that their designs are based on
SCE designs and that they have the same tariff restrictions as SCE.
City Manager Bludau explained that the resident's cost for Assessment District 19 (Santa
Ana Heights - Mesa Drive /Cypress Street) was initially going to be funded by redevelopment
money, so no vote was taken. However, the County is now y going to pay for
undergrounding on public property. Since the project has chang he indicated that the
residents will have a say as to whether they want their propert ndergrounded. Principal
Civil Engineer Sinacori added that the residents initially di of have due process or the
opportunity to protest the district.
W.R. Dilby noted that San Diego received an increase ' is tariff t and is using Rule
20B. He commended Senior Civil Engineer Lee for oping the gui principles since it
is based on equal benefits. He cited the ate Constitution believed that
undergrounding is a general benefit and ghoul e p d by the General He added
that he does not believe the City is required pay Prevailing wages, which CE and the
City Attorney confirmed. a
Bruce Brandenburg commended Senior Ci " `_ ngineer Lee for assisting with making
Assessment District 101 proceed smoothly and , lieved that the guiding principles were
developed as a result of what occurred with He agreed that the assessment
amounts should be based primar n square footage a afety, not aesthetics.
Council Member Henn recomme ed licies be '' ised to make more clear that
differential benefit factors should my be us ere are compelling and material
differences between properties.
III. PUBLIC COMMENTS -N
IV. ADJOURNMENT -
The agenda for Reg
City Hall Bullet
i ar
Building.
City Clerk
Meeting was ted on October 8, 2008, at 2:15 p.m. on the
outside the City of Newport Beach Administration
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 14, 2008 — 7:00 p.nL
I. STUDY SESSION - 4:00 p.m.
II. QWSED SESSION - 5:39 p.m.
III. RECESS
IV. RECONVENED AT 7-00 P M,1
V. ROLL.CALL
Present: Council Member Henn, Council
Council Member Webb, Council
VI. CLOSED_SESSION E
VII. PLEDGE OF ALLEGIANCE -
VIII. INYOCATION - Reverend Ro
K NOTICE TO PUBLIC
Hall
Rosansky, Mayor Pro T& Daigle, Mayor Selich,
Curry, Council Member Gardner
Society
. Project - Karen Clark, Vice Chair.of the Board of
parking and access to the new City Hall, and she
ittee to seek their input.
City Clerks As iatio 11 California (C CAC) Recognition of Leilani Brown, Assistant
ity Clerk, for h Profe onal Achievement - Lucinda Williams, City Clerk of the City of
a, presented As tant City Clerk'Brown with a certificate for her achievement in obtaining the
Ma Municipal rk designation.
Presen of elen Putnam Award from the League of California Cities -Tony
a of California Cities, presented the award "for internal administration to Council
d staff for their outstanding work on the Master Facilities Program.
S30. LOCAL EMERGENCY IN THE CITY OF NEWPORT BEACH. [100 -20081
Fire Chief Lewis showed a PowerPoint presentation of the fire in Bonita Canyon that
included pictures, a map of the area, and the incident command post. He asked Council to
adopt a resolution declaring the fire a local emergency.
Motion by Council_M_ember Curry to add the emergency declaration resolution to the
agenda.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
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City of Newport Beach
City Council Minutes
October 14, 2008
ul
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Motion_b_y_Council Member Curry to adopt Resolution No. 2008 -87 declaring the
existence of a Local Emergency in the City of Newport Beach.
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
REPORT (NON-DISQUSSION ITEM):
Council Member Gardner invited residents to
Council Member Curry announced that he
10, with Fire Chief Lewis and Police Chief,
Council Member Webb participated "' "She
at Christ Church by the Sea and presente
Council Member Henn report&A that the City
lobby for changes to State ating to
rehabilitation facilites. In that gar mad
Cities Conference. The League o passe
homes. He also stated that Sena Bill 9
Council's reauest..bhe...Governor vet Ed th ill,
worsening of
City's lobbyip
Council
mid wanted s mping lines. to
pu c
Pro Tem
Mayor Se
Scandone
China.
Corona del Mar.
a Public Safe pueeting on Saturday, October
a
tration of living homes
having a v positive impact.
n of 125 year Methodist Ministries
n.
wing to pusue all available strategies to
ilation of residential drug and alcohol
station at the recent League of California
t srging futher regulation of sober living
passed by both Houses, but at the
of SB992 could have led to a substantial
in Newport Beach. This shows that the
r invited he public to the ribbon cutting ceremony of the
Sund ' October 19, from 4:00 p.m. - 6:00 p.m., at 2501 Cliff
repo a City's investment portfolio at a future Council meeting
on royalty payments to residents whose homes are over oil well
s that the royalty checks are being sent to previous homeowners.
gle repotted that the Annual Coastal Clean -Up Day was a success and
Member Henn on his accomplishments at the League of California Cities
a reception at the Balboa Yacht Club and presented a proclamation to Nick
vement in winning a gold medal for sailing during the Para - Olympics in
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF SEPTEMBER
23, 2008, AND ADJOURNED REGULAR MEETING OF SEPTEMBER 30,
2008. [100 -20081 Waive reading of subject minutes, approve as written and order
filed.
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City of Newport Beach
City Council Minutes
October 14, 2008
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. CONTRACTS AND AGREEMENTS
3. PRINTING AND MAILING OF CITY MANAGER'S COMMUNITY
NEWSLETTER - APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH THE PM GROUP, INC. (C- 4083). (381100 -2008]
Approve a Professional Services Agreement t th The PM Group, Inc. of Lake
Forest, for the printing and mailing of the iy Manager's community newsletter
at a not to exceed price of $111,072, an uthorize the Mayor and City Clerk to
execute the Agreement.
4. COAST HIGHWAY SIDEWALK ORNIN ANYON TO SEWARD ROAD -
COMPLETION AND ACCEIVANCE OF C RACT (C-3966).138/.100-20081
a) Approve the completed k; b authorize th 'ty Clerk to file a Notice of
Completion; c) authorize the City rk to release the bor and Materials bond 35
days after the Notice "i 'f Co letion has been rec d in accordance with
applicable portions of tli" Code; and d) release t Faithful Performance
Bond 1 year after Council a tance.
5. KINGS RO NGS PL PAVEMENT RECONSTRUCTION -
APPROVAL OFESSION SERVICES AGREEMENT WITH DMS
CONSULTANT IN R DES SERVICES (C- 4095). (381100 -2008]
Approve a Profes snal Se greem with DMS Consulting, Inc., of Garden
Grove, for design o final co u lan for Kings Road/Kings Place Pavement
truction at a`` °dot exceed pri of $74,155 and authorize the Mayor and
ity _ rk to execute' Agreement.
�i
6. SE PUMP STAION MASTER PLAN IMPROVEMENTS - APPROVAL
OFESSIONA�SERVICES AGREEMENT WITH STANTEC
INC. (', 113). (38/100.2008] Approve a Professional Services
Agr ent with` Consulting, Inc., of Irvine, for the Sewer Pump Station
aste an Improvements project at a not to exceed price of $301,421 and
hori Mayor and City Clerk to execute the Agreement.
7. C PORA"ON YARD BUILDING "G" ROOF REHABILITATION -
CO PLETION AND ACCEPTANCE OF CONTRACT (C- 8966). (381100-
200 ] a) Approve the completed work; b) authorize the City Clerk to file a Notice
of mpletion; c) authorize the City Clerk to release the Labor and Materials bond
3 days after the Notice of Completion has been recorded'in accordance with
plicable portions of the Civil Code; and d) release the Faithful Performance
and 1 year after Council acceptance.
8. INDUSTRIAL WAY - 36 -INCH WATER MAIN REPLACEMENT -
COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8728). (381100-
2008] a) Approve the completed 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 in accordance with
applicable portions of the Civil Code; and d) release the Faithful Performance
Bond 1 year after Council acceptance.
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City Council Minutes
October 14, 2008
C.
9. BALBOA ISLANDS BULKHEAD AND SEAWALL REPAIR - AWARD OF
CONTRACT (C- 3962). 1381100 -20081 a) Approve the project plans and
specifications; b) declare the bid submitted by Kitaon Specialty Contracting, Inc.,
of Santa Fe Springs, non - responsive; c) award the contract (C -3962) to Surfside
Restoration & Waterproofing, Inc. for the total bid price of $196,385, and authorize
the Mayor and City Clerk to execute the contract; and d) establish an amount of
$45,615 (23 %) to cover the cost of unforeseen and anticipated work not covered in
the original scope.
10. OIL WELL SERVICE REPAIRS - APPR AL OF AMENDMENT NO.2 TO
PROFESSIONAL SERVICES AGR ENT (C- 4002). 1381731100 -20081
Approve Amendment No. 2 to Profe;g'phnal Services Agreement with Oil Well
Service Company for emergency on- epair services and authorize the Mayor
and City Clerk to execute the Am ent"?+
11. 2009 RESTAURANT WEE WORK AGR ENT (C- 3877). 1381100 -20081
Authorize the Mayor and pity Clerk to sign the 09 Restaurant Weeks Work
Agreement between the,Kt ity, Re aurant Associati nd California Marketing
Concepts.
12. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN T E CITY OF IE ORT BEACH AND THE CITY OF COSTA
MESA AGR G TO A FO PARTNERSHIP REGARDING JOHN
WAYNE AIR _ A) EFF .. TS (C- 4119). 1381100 -20081 Approve the
Memorandum of nder
g (M0
'Ti
13. PROFESSIONAL ER VI MENT WITH WARE DISPOSAL, INC.
ITY FACIL TI REFUSE MOVAL SERVICES (C-3936).138/100-
pprove the a ment with Ware Disposal, Inc. for City Facilities Refuse
re 1 services on a gularly scheduled basis.
14. S WPORT AND NEWPORT ISLAND PARK PLAYGROUND
EPLAMENT - COMPLETION AND ACCEPTANCE (C-
400 1381100- 11 )Accept the completed work; b) authorize the City Clerk to
e a ce of Completion; 0 authorize the City Clerk to release the Labor and
terial nd 35 days after the Notice of Completion has been recorded in
a dance applicable portions of the Civil Code; and d) release the Faithful
Pe rmance Bond 1 year after Council acceptance.
16. CO TRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT
R ENCY ENVIRONMENTAL IMPACT REPORT (EIR) (C-4028).138-100-
2 81 Receive and file.
17. DATE CHANGE FOR NOVEMBER 11, 2008 CITY COUNCIL MEETING.
1100 -20081 Receive and file.
18. TRAFFIC IMPACT (FAIRSHARE) FEE UPDATE - APPROVAL OF
BUDGET AMENDMENT TO FUND FEE NEXUS STUDY. 1100 -20081
Approve a budget amendment (09BA -015) appropriating $16,750 from the
unappropriated General Fund balance to Account No. 7014- C5200975 (Traffic
Impact Fee Study).
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City Council Minutes
October 14, 2008
XHI.
19. ACCEPTANCE OF REBATE FROM METROPOLITAN WATER DISTRICT
(MWD) AND APPROVAL OF BUDGET AMENDMENT FOR THE
PURCHASE OF ADDITIONAL AUTOMATED IRRIGATION
CONTROLLERS. (100 -2008] Approve a budget amendment (09BA -016) to
increase the revenue estimates in Account 500 -4858 (Water Enterprise Fund -
Refunds and Rebates from Government) by $22,587.50 and increase Account 7503 -
05500637 (Pumping and Operating - Central Irrigation Control System) by
$22,587.50 for the purchase of additional automated irrigation controllers.
21. SANTA ANA HEIGHTS FIRE STATION ( ATION 7) ONE -YEAR REVIEW
OF OPERATIONS (PA2007 -024). (100.2Q ]Receive the one -year review report
of first year of operations of Station 7 ensure the station is operating in a
manner consistent with the findings nditions of approval of Use Permit No.
2007 -003, and file.
22. AMENDMENT TO THE NEWPORT BEA NICIPAL CODE, TITLE 9,
FIRE CODE (contd. fro ''9/2 /08). 1100-26W the item for the
purpose of studying effe of potential ion in relation to the
implementation of the posed,; ire Code amendment.
Regarding Item 3 (Printing and Mailing ino ty Manager's Community Newsletters), Mayor Pro
Tem Daigle stated that the City entered to a _ew contract which resulted in cost savings.
Regarding Item 12 (MOU betw City of Ne Beach and the City of Costa Mesa Agreeing
to a Formal Partnership Regards Jo ne Airp fforts), City Manager Bludau stated that
the purpose of the agreement is f both Ci rotect communities and the prior settlement
agreements are separate from this e.
Regarding Item-, � 17 ate Change ovember 11 City Council Meeting), Council Member
Rosansky a, unced at the first ting in the month of November is Veterans Day, therefore
the meeting be on ednesday, No nber 12, at 7:00 p.m..
otiou by Ma "' ai Ie. approve the Consent Calendar, except for the items
r d and add hedule to Item 5 (Kings Road/Kings Place Pavement
The motion carriey the fwing roll call vote:
Council Memr Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
gouncil Mem r Webb, Council Member Curry, Council Member Gardner
15. MC EN SQUARE CENTENNIAL MONUMENT - COMPLETION AND
ACC TANCE (C -3981). (38/100 -2008]
Bernie Svalstad requested to be informed about changes to the project and noted that they
are working on correcting engraving errors, adding a logo, updating the history, and
conducting a cost study to repair 11 benches.
Motion by Council Member Webb to a) approve the completed 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 in
accordance with applicable portions of the Civil Code; d) release the Faithful Performance
Bond 1 year after Council acceptance; e) approve a budget amendment (09BA -017)
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City of Newport Beach
City Council Minutes
October 14, 2008
recognizing new revenues received for the McFadden Square Centennial Monument and
appropriating $22,000 to Account No. 7015- C8002005 to complete the construction of this
project; and f) approve a budget amendment (09BA -017) appropriating from the
unappropriated General Fund balance $15,000 to Account No. 5300 -8034 to repair
damages to City property caused by a private party.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosan y, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Council Member Gardner
20. COAST HIGHWAY RELINQUISHMENT - L ER REQUESTING INITIATION.
1100 -20081
In response to Council Member Gardner's eestion, 'c Works Director Badum clarified
that the City requested that Caltra9s hhly ins 'tt the bridge and he noted that
there are no concerns at this time.
Motion by Council Member.'', rd ----. Co approve a letter Mesting Caltrans to begin
the process to potentially relin " °ast Highway from the S8 Ana River Bridge to
.Jamboree Road and Newport Boul , d from Finley Street to Chanel Bridge.
The motion carried by following roll vote:
Ayes: Council Member „, cil Mem Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Me er a puncil er Curry, Council Member Gardner
XIV. QM-REPORTS FROM CITY CUNCI N I EE ACTIVITIES
Council Membgi~`Gar(%er reported t e Green Task Force met and drafted an ordinance. She
also met with staff to d,'scuss public n cation of traffic lane closures.
ii
XV. PUBLIC HE A G
23 O ON -EX OLID WASTE COLLECTION FRANCHISE TO GB
SER S, I 1421100 -20081
General ces Di for Harmon recommended that Council approve the award of a non-
exclusive f chise a ement to GB Services, Inc. In response to Mayor Selich's question,
he stated t t there is no limit on how many franchise haulers the City can have and they
are tracked y City personnel. He noted that there are four major haulers in the City and
e others a construction haulers.
Ma S ch opened the public hearing. Hearing no testimony, he closed the public
Motion by Council Member R_os_anskx to adopt Ordinance No. 2008 -16 granting a Non-
exclusive Solid Waste Franchise to GB Services, Inc.
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
27. ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD
SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE LIMITS. 1100 -20081
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City Council Minutes
October 14, 2008
Katie Bowden reported that the ordinance includes a six month grace period to allow
restaurants to make the necessary changes.
Mayor Selich opened the public hearing.
Don Peterson expressed concern about banning polystyrene because he believed that it is
an efficient product. He also believed that educating the public on how to properly dispose
of trash is the answer and that the City should be more effective in collecting recyclables.
Council Member Gardner stated that all pZbeache not be banned and that plastic
contributes a greater amount of debris on thSuzanne Roberts stated that there are other can be used as an alternative to
polystyrene.
Scott Moreland stated that polystyrene not biodegra a and it sometimes breaks down
into small pieces that It ,e picked up ently. He also stated
that it passes carcinogen toxins into tood a that there are le alternatives.
Ayaina Holmes believed that fia "" ' `polystyrene is very impo nt for pollution and
suggested that people look into other• ternatives.
Hearing no further tes r ny, Mayor Seh+ closed the public hearing.
Council Member Gardn t the Rest ant Association for their willingness to
support the ban.
Council M a r r Curry con tula the is
s for their perseverance and effectiveness
in brin ' tha"(issue to Coun
Mo by. _ Cduncil Member Gardner to introduce Ordinance No. 2008 -17 banning
expan pol t ene (Styrofoafood service ware within Newport Beach's corporate
limits, an : readinn October 28, 2008.
The ' n ca d by the following roll call vote:
,jj10,
Ayes: Coul Mem`6er Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selic aCouncilmber Webb, Council Member Curry, Council Member Gardner
ADOPTIOOF LOCAL HAZARDS MITIGATION PLAN (LHMP) FOR THE CITY
F NEWT RT BEACH AND GENERAL PLAN AMENDMENT NO. 2008 -006 TO
SAF Y ELEMENT (PA2008 -131). [681100-2008]
In r e to Council Member Gardner's question, Fire Chief. Lewis stated that the
Gener Ian Amendments are accessible on the City's website and the Hazard Mitigation
Plan will allow the City to obtain a higher level of reimbursement for disasters.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Rosansky to adopt Resolution No. 2008 -84 approving the
Local Hazards Mitigation Plan (LHMP); and adopt Resolution No. 2008 -85 approving
General Plan Amendment No. 2008 -006 to the Safety Element (PA2008 -131).
The motion carried by the following roll call vote:
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City Council Minutes
October 14, 2008
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
25. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO -
REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002-034 (PA2002 -167). [100-
2008]
Associate Planner Ung recommended that Council uphold and affirm the decision of the
Planning Commission by adopting a resolution to amend the previous use permit and
rescind the recent permit. She also stated that a py of the lease agreement was
inadvertently omitted from the stafireport and has en forwarded to Council.
June Ailin, Counsel for the City, gave a bri \e�poii=ted e history of the permit,
referred to the Planning Commission mina. to , and presented the lease
between the Overstreets and their prior tent.
L:L
Mayor Selich opened the public hea ;iaig.
In response to Council Membd 11 Hennsf''questithat the Overstreets
.j;. ,.:�
were not initially given notice of t' iolations. t they entered into an
unlawful use of the property.
Dennis Overstreet s tb
customers. He also s
menu and they discusse tl
consumption of food). He p
facility.
In r ques
Planning 6
ver $200,000
his operan is unique and they cater to more mature
he provide the Planning Commission with a complete
acility d be divided into two areas (retail and
sed pint m with how the previous tenants ran the
Mr. Overstreet stated that drawings of the bar were
:ion prior to the approval of the use permit. He stated
iate the restaurant after the second use permit was
Chr oma ttorney to die Overstreets, stated that the lease referenced the use
permit 'Y' the nts knew that it governed the establishment. He showed a PowerPoint
presents that eluded the landlord tenant relationship, Condition 6 of the use
permit, fai to pro ly notify the Overstreets, responsibility of violations, no abatement
needed be se of ceased operation, and the vested property rights in the use permit.
He reques that Council not punish the Overstreets for their tenant's actions and to
scind the lanning Commission's decision.
C verstreet stated that the City should make an effort to mitigate these types
of pro s in an efficient way. She noted that the tenants violated City laws for seven
month without consequences and they have spent a lot of money in legal fees to defend
themselves. She also stated that Condition 13 in the second use permit is contradictory.
She noted that the floor plan was approved by the Planning Commission.
Suzanne Roberts stated that she is supportive of the neighborhood and would like to see
Sejour back at the location.
B.W. Cook expressed support for the Overstreets re- opening the establishment because of
the entertainment, culture,.class, and sophistication it brought to the community.
David Kearnan frequented the restaurant and stated that the problems were with
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City of Newport Beach
City Council Minutes
October 14, 2008
the tenants and not with the owners. He believed that the establishment will benefit the
neighborhood and the City.
Jim Mahoney agreed that the Overstreets should have monitored the business, but should
not be punished. He suggested that the City reinstate the use permit.
In response to Council Member Gardner's question, Mr. Overstreet stated that they
stopped operating the business because his other businesses took a great deal of his
time. He stated that he recently leased the location to a real estate firm, but wants to
obtain the use permit just in case the lease is no<tow He confirmed that he will be the
only operator of fine wine spirits at the locationorney Clauson stated that the use
permit would be considered abandoned after 18d would not benefit the City or be
necessary. She clarified that the modified to o back to the original use permit
with a change to the hours and elimination ol. She added that the use permit
would be considered abandoned once it is ang use.
In response to Council Member Heif
Planning Commission realize fete
requirement to be an eating bl.
Planning Commission's intent w
restaurant or bar. Assistanfl
Overstreets represent 'on was for a
emphasized that it wa intender
Ms. Ailin stated that the. ar was
or modified if the conditio have
citation w ected to the espoi
with th g requireme is
to th ndlor
the terms of
t. City Attorney
1 retail wine tasting
Lepo stated that the
license included a
m clarified that the
iblishment and not a
wCity Manager Wood stated that the
T' Oine tasting bar with occasional hard liquor, and
to Iaa sit down dinner establishment.
ided fore tasting, Condition 6 could be revoked
i d ail is a public nuisance, and a notice of a
per he also confirmed that the City complied
do not require that the notice of violation be given
In re;Npse t° =Council Gardner's question, Ms. Ailin discussed due process and
emphasi verstree leased the facility for an unlawful use. She reiterated
is
Mr. Tho Ista: tba t the original permit had no seating, Council Policy K -7 determined
that the u as iliary and not a sit down restaurant, the owners did not violate the
permit, th Ct trying to revoke both permits which would make it virtually
impossioperate he b usiness.
V to Council Member Henna question, Planning Director Lepo stated that staff
d that the revised conditions of the use permit include a reduction of hours,
hat include ancillary wine use, removal of improvements not consistent for
s outlet, and elimination of the Type 47 ABC license. He pointed out that
these amendments are all consistent with the original permit.
Hearing no further testimony, Mayor Selich closed the public hearing.
Council Member Henn believed that the Overstreets should be allowed to operate a viable
business under the original use permit. He suggested that they be allowed to have seats at
the bar, lounge type seating in the ancillary food area, retail sales, no Type 47 license,
allow upscale hot or cold appetizers, be allowed to stay open until midnight on the
weekends, and be allowed to have non - amplified, single instrument entertainment. Mayor
Selich clarified that this would entail modifications to Conditions 7, 8, 9 and 23. Council
Member Henn asked that the item be continued to allow staff to come back with a
Volume 58 - Page 606
City of Newport Beach
City Council Minutes
October 14, 2008
XVI.
XVII.
XVIII.
resolution to reflect Council's suggestions.
Motion by Council,Member Henn to direct staff to come back with a resolution for
Council to approve.
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
PUBLIC COMMENTS
Karen Siegler asked for an update regarding the
and expressed concern that there is an environm
many people. Council Member Gardner suggested
they are interested in pursuing this. Council M€&
in Corona del Mar that Council discussed pre!Mw
Webb emphasized that Corona del Mar is £ate 1
limit the number of visitors. ,0
Diane Romick, President of Pacific Ridg
expressed concern about fire lane parking
that area.
26.
28.
PLANNING
(PA2098 -123) ?,801 East
ua of parking permits in Corona del Mar
i ct on the area because there are too
at she o Associations in the area to see if
r Rosans arified that the parking permits
were for the ring hours. Council Member
!h and the Cit s not have the authority to
, Association, presented a handout and
and adequate parking for the new park in
9, 2008. [100 -2008]
the following item: Shore House Cafe
A CITYWIDE TEN PERCENT VOLUNTARY
from 9123108).1100 -20081
iber rdner commended staff on their work on this issue and for their
at the stal/Bay Water Committee meeting.
In responsl to Council questions, Utilities Director Myrter stated that the goal is to
heighten a areness by modifying the utility bills, utilizing bill inserts, updating the
bsite, a conducting outreach meetings to homeowner associations and through cable
to s on /The fast phase is to provide the information and then work on amore
com ' give approach. He stated that staff will look into ways to educate renters who
don't ` eive water bills. He reported that the City has a water conservation plan which is
not consistent with current policy and staff is currently working on the update. He
indicated that the Metropolitan Water District (MWD) is looking at every agency to see if
they have taken measures to become less dependent on imported water in the last 15 years
so they can determine if the cities could receive a credit.
Motion by Council Member Gardner to adopt Resolution No. 2008 -87 encouraging City
of Newport Beach water customers to assist the City in its goal to reduce water usage
Citywide on a voluntary basis by ten percent through implementation of water
conservation measures.
Volume 58 - Page 607
City of Newport Beach
City Council Minutes
October 14, 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
XIX. CU_RRENT_BUSINESS
29. AMENDMENTS TO COUNCIL POLICY D -1 (MEDIA RELATIONS). 1100 -20081
Public Information Manager Finnigan discussed the ditions and changes to Council
Policy D -1.
Motion by Council Member Rosansky to ap ve the amended City Council Policy on
Media Relations (D -1).
The motion carried by the following roll
Ayes: Council Member Henn,
Selich, Council Member
0
XXI. ADJOURNMENT -
The agenda for the Regu
City Hall Bulletin Board
Building.
City Clerk
vote:
er Rosansky, or Pro Tem Daigle, Mayor
Member Curry, cil Member Gardner
in memory on Skelly at 10:13 p.m.
was pos on October 8, 2008, at 2:15 p.m. on the
e de of the y of Newport Beach Administration
Recording Secretary
Mayor
Volume 58 - Page 608