HomeMy WebLinkAbout01 - MinutesAgenda Item #1
September 147-2010
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
August 5, 2010 — 4:00 p.nL
I. ROLL CALL
Present: Mayor Pro Tem Henn, Mayor Curry , Council
Gardner, Council Member Daigle
Excused: Council Member Selich , Council Member Rosa
City Clerk Brown announced that Council
a teleconference location pursuant to Go%
Road, East Falsmouth, Massachusetts.
Council Member Selich joined the meeting
P.m.
II. PUBLIC COMMENTS REGARD]
III. CLOSED SESSION
A. Conference with...Lecal
IV.
V
54956.9(a)): The muter
3
1. Paa ,'c Shorts u.
00457` G (PUAx)
2. art ast
Bea U.S:'T1 tric
3. Cross -C1 Again
the Conce ed Cit
1 SACV -00192
Webb , Council Member
a will bej*ticipating from
§ 54953(bfkg7 David Neck
Council Conference Room at 4:05
U.S. District Court Case No. SACV 08-
dv ss gnd Yellowstone Recovery v. City of Newport
Court C "'asNo. SACV 09 -0701 DOC (ANx)
Morningside Recovery as the only remaining portion of
T's v. City of Newport Beach, U.S. District Court Case
VS (RNBx)
- No reportable action taken
The agenda for the ecial Meeting was posted on August 4, 2010, at 11:30 a.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The amended agenda for the Special Meeting was posted on August 5, 2010,
at 9:45 a.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
Volume 59 - Page 549
City of Newport Beach
City Council Study Session
August 10, 2010
Recording Secretary
Mayor
City Clerk
Volume 59 - Page 550
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
August 10, 2010 — 4:00 p.m.
I. ROLL ROLL CALL
Present: Council Member Selich, Council Member Rosansky, yor Pro Tern Henn , Mayor
Curry, Council Member Webb, Council Member G ne , _ ouncil Member Daigle
II. CURRENT BUSINESS'
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Henn requested clariA4tion 4,ii the Re gular Meeting
dollar
amounts for Item 18 a ort Bay).
� R'P Y)• '.�.
In response to Council Mem
Police Lieutenant Birch and
with the cost.
2. BACK BAY SCIENCE CENTER LE
F,
City Manager Kif€:iitiied a PowerP
Bay Science Cedter (B SC) and the
he discussed),,,,," for the site, oil spill
Council Member
considered.
question regarding Item 10 (Voth Contract),
Hunt clued why the State is not assisting
'esentation f6 discuss activities at the Back
Program. In response to Council questions,
g, and the docent program.
community access to the center.
Council Member Webb and suggested
3. ' WPORT BEAM CITYWIDE DIRECTIONAL AND WAYFINDING SIGN
Econo Develop nt Coordinator BowdF u t ilized a PowerPoint presentation to discuss Wayfln g Sign Program histothe Citywide Directional Sign Proam, timelines, p ses the project, before and ter photographs, proposed sign locations,
and a cast s y. In response tc Council questions, she discussed the cost per sign
and traffic flo General Services Director Harmon believed that the project would be
too large for the City sign shop to handle.
Council Member Rosansky believed that $185,000 could be spent more wisely and
suggested better quality signs.
Council Member Gardner expressed concern for spending such a large amount of money
at this time and indicated that the current signs are not as effective as they could be.
Council Member Webb discussed possibilities for funding and suggested standardizing
the signs to help lower the cost.
Volume 59 - Page 551
City of Newport Beach
City Council Study Session
August 10, 2010
Mayor Curry expressed support for moving ahead with bids. He stated that the project
needs to be completed and expressed concerned for the cost of the signs.
Mayor Pro Tem Henn noted that both the Economic Development Committee and Visit
Newport Beach support the project, and suggested that Visit Newport Beach contribute
funds to the project. He expressed support for proceeding with the project if funding
can be found aside from the General Fund.
Council Member Daigle indicated that stimulating business is,, 3lhigh priority.
In light of Council's comments, staff will consider move forward with re- bidding the
project to determine updated project cost, and will er research funding sources
that do not impact General Fund Expenses. The prct wilfl be reconsidered by Council
following that work.
Public Works Director Badum discussed S, 01 1& ernatives and no hat custom signs
will drive up the cost.
Council Member Selich supported a competitive bid for the project.
as
W.R. Dildine expressed support for the proiectF ` m..
4. WATER BUDGET RATE
5. CITYWIDE SPEED SURVEY
III. PUBLIC COMMENTS -
IV. ADJOURNMENT - 4L p.m
The agenda for tl
City Hall Bulletin
Bu
City Clerk
was
- This item was not discussed.
discussed.
on August 4, 2010 at 4:00 p.m. on the
City of Newport Beach Administration
Recording Secretary
Mayor
Volume 59 - Page 552
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
August 10, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 4:42 p.m
A. Conference with Lea
54956.9(x)): Three matters:
1. Pacific Shores v. Newport BegA, U
00457 AG (PLAx)
2. Newport Coast Recovery and "llow
Beach, U.S. District Court Case No.' I
3. Cross -Claim Again,
portion of the Conee
Court Case No. SACV
B. Conference with Real Pron
C.
matter:
a etc"
Property aktd Property Owe
1 -Street Address (Nd ss
SR 427'?�07
Street Ad dr : 19MacA
California Bank
Street Address: 742 Mach
son Bldg., Ltd.
's v.
Court Cfte No. SACV 08-
one Recovery v. City of Newport
09 -0701 DOC (ANx)
covery as the only remaining
y'of Newport Beach, U.S. District
One
by Jamboree Rd., MacArthur Blvd, &
Beach
Blvd., Irvine, CA; APN: 445 - 132 -09; Owner: First
Blvd., Irvine, CA; APN: 445- 132 -11; Owner: Bates
4 - A ess: 197,4 MacArthur Blvd., Irvine, CA; APN: 445 - 132 -18; Owner: CIP
City Negotiat y Steve Badum, Public Works Director, and Dave Webb, City Engineer
Under Negotiation: Right of way for the Jamboree Road Improvement Project
(Jamboree Road between Bristol Street North to Fairchild Road)
Public Employee Performance Evaluation (Government Code § 549570(1))•
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of one public employee.
Title: City Attorney
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City of Newport Beach
City Council Minutes
August 10, 2010
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. CLOSED SESSION REPORT - No reportable action taken.
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Cocil Member Daigle
VII. PLEDGE OF ALLEGIANCE -Council Member Selich
VIII. INVOCATION -Reverend Robert Jordan Ross,
IX. PRESENTATIONS
Proclamation to Sandy Segerstrom Daniel
Executive Director of the Festival of Child':
making September National Child Awyen
proclamation and thanked Ms. Daniels for her Ix
their support and invited residents to attend the
children's charities and their Droerams.
Presentation of Plaques to Outl
recognized and thanked Gregory RL
as a member of one of the Boards
recognition and expressed appreci:
thanked staff and Councillf ktheir
on the Planning Comprusion. ,
Recognition to
Charter Update
job.
C . I Cove Alliance's
presen it to Harry He]
Crystal Alliance (CC,
a lot of ere She also a
noted that the 'can H'
Gala Runner's an azz
Member Webb enco'' d
Council for the reco ion
Society
or her , work as" a founder and
Fpiindation and H4, leadership in
y'Month - Mayor Cur esented the
work. Ms. Daniels thank Council for
tival at South Coast Plaza to highlight
of ds and Co mission Members - Mayor Curry
ick John ugh, and =Scott Peotter for serving the City
and ommissio r. Ruticka thanked Council for the
:ion ha a srtunity to serve. Mr. Corrough
upport' M eotter stated that it was a privilege to serve
Commi"ion Members - Mayor Curry thanked the
serving th City and provided them with Certificates of
fir, Td�dat Commission, Chairperson Bergeson thanked
:ial recti&tion to Mayor Pro Tom Henn for doing a superb
ducatic}jpal Programs -Mayor Curry read the proclamation and
g and Laura Davick. Council Member Daigle commended the
stating that they are a great asset to the community and deserve
mended the State Parks and Recreation for their leadership and
sort will be hosting the Crystal Cove Alliance's 8th Annual Beach
i the Beach at 6:00 p.m. on Saturday, September 25, 2010. Council
residents to reserve cottages. Mr. Helling and Ms. Davick thanked
and stated that the City's recognition raises public awareness.
Employee Recognition - City Manager lUff recognized Council Member Webb for providing
40 years of service to the City as an employee and Council Member. Council Member Webb
thanked his family and City staff for their support.
X NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUP
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City of Newport Beach
City Council Minutes
August 10, 2010
XII.
REPORT (NON- DISCUSSION ITEM
Council Member Daigle stated that the Santa Ana Heights Fire Station has been integral to the
City, discussed the first life they saved, and expressed appreciation to all City public safety
personnel.
Council Member Gardner directed staff to provide Council with a report regarding naming the
new OASIS Senior Center after Evelyn Hart.
Council Member Webb announced that he attended the Arts Commi "ssion band concert and
expressed his support for continuing the event.
Council Member Selich thanked and complimented e a Services Department for
cleaning up vandalism on Balboa Island and expressed ap ciat�i� for their efforts to keep the
i
City clean. s
x
Mayor Pro Tem Henn announced that the first ste ig, were taken to plan° ' o Marina Village,
Via Lido Plaza, and the City Hall site and also,aiinounced that he and the or attended an
informational meeting with seven prospective bidders for the project. He brie 1 discussed the
project and commended the consultant. F
Mayor Curry congratulated the New ort Sunrise Rotry Club for an excellent 2nd Annual
Lobsterfest and announced that ther be a "Meet tMayor" on Saturday at 9:00 a.m. at
the Santa Ana Heights Fire Station. p;;
CONSENT CALENDAR
I�
W
tm
1. MINUTES FOR THE
JULY 27, 200. Waive
order Bled.
2.
of a arig and
read by le onl +s.
SESSION AND REGULAR MEETING OF
of subject minutes, approve as written, and
1ND RESOLUTIONS. Waive reading in full
under consideration, and direct City Clerk to
E NO. 2010 -14: OFF - PREMISES MASSAGE PERMITS. [I00-
iuce Ordinance No. 2010 -14 relating to off- premises massage
pass to second reading on September 14, 2010.
5. APPROVE A RESOLUTION DEFINING THE 'ENGINEERING NEWS
RECORD - CONSTRUCTION COST INDEX" AS THE MEANS TO
ANNUALLY ADJUST THE MINIMUM CONTRACT AMOUNT
REQUIRING FORMAL BIDDING AS DEFINED IN THE CITY
CHARTER AMENDMENT BEING PLACED ON THE NOVEMBER 2,
2010 BALLOT 1391100 -20101 a) Adopt Resolution No. 2010 -98 approving the
"Construction Cost Index," as developed and maintained by the "Engineering
News Record," to annually increase the minimum construction contract amount
requiring formal advertisement and bidding as a result of inflation, and
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City of Newport Beach
City Council Minutes
August 10, 2010
authorize the Mayor and City Clerk, on behalf of the City Council of Newport
Beach to execute the Resolution.
E. CONTRACTS AND AGREEMENTS
6. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT
REJECT ALL BIDS FOR CONTRACT NO. 4315. [381100 -20101 Reject all
bids.
7. PUBLIC DOCK ACCESS IMPROVEMENTS 15TH, 19TH, AND
FERNANDO STREETS - COMPLETION ACCEPTANCE OF
CONTRACT NO. 4110. [381100 -20101 a) Ac pt the completed work and
authorize the City Clerk to file a Notice of letion; b) authorize the City
Clerk to release the Labor and Mate ' bo 35 days after Notice of
Completion has been recorded in accor ce with `- licable portions of the
Civil Code; and c) release the Faithful l,'erformance Bow cone year after Council
acceptance.
8. WEST NEWPORT LANDSCAPING PROJECT - COM TION AND
ACCEPTANCE OF CONTRACT l�O. 4338. [38/100 -20101 Accept the
completed work and authorize the City Clerk to file a Notice of Completion; b)
authorize the City Clerk to release th"abor and Materials bond 35 days after
the Notice of Compl� "n has been recorded in accordance with applicable
portions of the Civil q�o!i c) release3e Faithful Performance Bond one
year after Council accep nce.sM,,,`E
F. MISCELLANEOUS
9. PLAN NG ; COMMISSI 0 EPORT FOR JULY 29, 2010 AND
AG F S FOR AUGUST 5 010. [100 -20101 Receive and file written report.
10. ACT WITH FORME CITY EMPLOYEE, THOMAS VOTH (C-
4593) j3 „8/100010( Author the City Manager to execute a Temporary
meh Agreement (I#))'with a former employee, Mr. Thomas Voth, to
as s a Police Department and the Orange County District Attorney's Office
with pr , ial ark, trial or on the McLaughlin homicide case (NBPD Case
##94 -1489 r4
ACCEPTANCE OF `'2010 -2011 STATE OF CALIFORNIA, OFFICE OF
TRAFFIC AFETY (OTS), DUI ENFORCEMENT AND AWARENESS
ROG GRANT (AL1155). 1100 -20101 a) Accept grant funding from the
ce of - affic Safety (OTS) in the amount of $222,355 to fund a Driving
Un t Influence (DUI) Enforcement and Awareness Program, as outlined
in gr number AL1155; b) approve Budget Amendment No. 11BA -002 in the
amo t of $222,355 for the Police Department Budget for Fiscal Year
2010/2011 to fund the OTS, DUI Enforcement and Awareness Program grant;
and c) authorize the Administrative Services Director to establish revenue and
expenditure accounts to facilitate the administration of these grant funds.
12. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT N2010 -0186. [100 -20101 Conditionally approve the request of the
Newport Beach Chamber of Commerce for the installation of 169 banners, from
August 24, 2010, to September 22, 2010, for the annual Taste of Newport.
Installation will be along Westcliff Drive, Jamboree Road, MacArthur
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City of Newport Beach
City Council Minutes
August 10, 2010
XIII.
Boulevard, Newport Boulevard and Coast Highway.
13. STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2011.
[100 -2010] Approve the Statement of Investment Policy, as amended by the
City Treasurer and the Finance Committee, and adopt amended policy for
Fiscal Year 2011.
15. HEIGHT RESTRICTION ON KING PALM TREES AT THE OASIS
SENIOR CENTER. [100 -2010] Receive and file the attached letter placing a
height restriction on the King Palm trees at the OASl,"enior Center.
18. AMENDMENT NO. 3 TO A COO]
ADMINISTRATION OF TOTAL
NEWPORT BAY (TMDL) (C- 3621).
sign and execute Amendment No. 3
Agreement to fund Nutrient, Fecal Cc
Load (TMDL) Studies, Projects & Prog,
the Consent Calendar, except for Items
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council"'ej Rosansky,
Council Member Webb, Council Member _ner, C
CI 'AGREEMENT FOR THE
M DAILY LOADS IN
0 -20] Authorize the Mayor to
2003 " ti- agency Cooperative
and Toxic tal Maximum Daily
i the Newoory Watershed.
& 17).
to approve
Pro Tem Henn, Mayor Curry,
[ember Daigle
4. CONSIDERATI,97 ,OF AN ORD 1 CE AMENDING SECTION 7.04.030 OF
TITLE 7 OF THE IWPORT B H MUNICIPAL CODE, PERTAINING TO
ANIMALS AOHIB13'ED ON PUBI C BEACHES. [100 -2010]
Shirley Remker' *e4 b c l to uphoIA4e Ordinance as previously introduced.
that Council' =refer the item back to the Parks, Beaches &
discussion.
Reinker suggted tha1:'Je signage be updated and provided an example.
Zia believe that dogs should be allowed on the beach with restrictions to
Motion if Wa f Curr seconded b Council Member Webb to refer the item
back to the - Beaches &Recreation Commission for further discussion about the
specific times, urs, and locations.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
14. UTILITY CONNECTION GRANT PROGRAM POLICY. [100 -2010]
Economic Development Coordinator Bowden discussed the policy document associated
with the proposed Utility Connection Grant Program and provided a handout.
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City of Newport Beach
City Council Minutes
August 10, 2010
Council Member Rosansky expressed support for the program if the funds are provided
to needy families, stated that the eligibility guidelines are not clear, and suggested
that the eligibility guidelines include multi- residential owners.
In response to Council Member Rosansky's question, Economic Development
Coordinator Bowden explained how applicant's assets are calculated to determine their
eligibility for the program and stated that duplex homes can be added by allowing the
owner to subsidize their primary unit and pay for the connection to the rental unit.
Following discussion, Special Projects Consultant Wood ,4 , rified that the income
eligibility will be changed to 50 %. Q
to approve the amended policy document asqd the proposed Utility
Connection Grant Program changing the incomeeiigibility to of the Orange County
Area Median Income and allow owner occupied duplexes to be In uded to the extent
that the grant will only apply to the owner' occupied portion of troperty, thereby
allowing staff to move forward with the:creation,and implementation o e program.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, . ouncil Member'Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Council Member Gardner, Council Member Daigle
16. FORMATION OF A CITIZEN BIC tS FETY'P.QMMITTEE. [100 -20101
In response to Council Member
p gle s q�atestio I4lanager Kiff stated that the
City can impleme `Jmore education i pr ams for bic le safety and that the first task
of the Citizens Bicy& Safety Com> ' e is to develop a work plan with a timeline.
Council Member Gardner suggest' that the Committee meet with the Police
Department" Public Works Directo�, Badum stated that the Committee will
develop their own,wotCpl}i and decide � they want to pursue revisions to the bicycle
map elop q'e oui e cit� ra , Mayor Curry stated that staff works hard to
e sure the xreeta are sa and noted that the Committee will be looking
into safety enh erred
.-Motion by Coun 1 Mem 'k Gardner, seconded by Council Member Webb to a)
%in esolution 'o. 2010 - "9 establishing aseven- member Citizen's Bicycle Safety
tee to makes ecommendations to improve efficiency; and b) direct the City Clerk
members >th e public to apply to be appointed to the Citizen's Bicycle Safety
The motion
IV
d by the following roll call vote:
Ayes: Council Member Selich; Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
17. FOURTH QUARTERLY REPORT ON PERFORMANCE MEASURES. [100-20101
Mayor Curry commended City Manager Riff for providing an informative report that
clearly shows how the City measures performance.
City Manager Kiff thanked the City staff and Special Projects Consultant Wood for
their hard work and discussed some of the performance measures.
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City of Newport Beach
City Council Minutes
August 10, 2010
Motion by Mayor Curry, seconded by Council Member Webb to receive and file.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Harbor Commissionll be bringing issues to
Council for review or direction in the next two months.
XV. PUBLIC HEARINGS
19. VIA LIDO INTERIM STUDY OVERLAY (PA 0 -081) _§388 VIA LIDO - CODE
AMENDMENT NO. (CA2010 -006) - STUDY Z AN. [100 -26
z
Assistant Planner Nova reported that the ,applicant wishes to cont the upper three
floors to two residential dwelling unit and noted that the neighbor` units are not
opposed to the garage as long as the appli adds vegetation scree mil provided
a PowerPoint that included an aerial map eff -site parking lot location, current general
plan map, and current designation informatin.
In response to Council Memb dner's questioa„ Assistant Planner Nova stated that
the interim study process pro a que opportipity for the applicant because it
establishes its own developme stan For the pperty, noted that since the
structure is existing it is exemp d from equue5nents, indicated that offsite
parking is availablen the area, an disc ed the c t parking requirements.
Matt Montgomery, r4resenting B ont Holdings, explained the current parking
issues, notes ,that the�building will b' mpliant with current building regulations after
the renovat " and highlighted the u ates to the building.
Ro ' son, =4rclnteet;''ekflo gdlthe proposed changes stating that the building
not imp the tang pathway; Fvill be changed to mixed -use, landscaping will be
updated, the vi plamiyrU the bay will be opened, and the parking will be renovated.
r„
Jn response to Co "` cil Mem Pr Webb's question, Mr. Donaldson stated that they will
k an agreementT ith the neighbor to allow use of one feet of their property.
Mo b Ma Pro Tem Henn,.. seconded by Council Member Selich to
introd Ordina No. 2010 -15 approving Code Amendment No. CA2010 -006 with
the associa d St y Plan, and pass to second reading on September 14, 2010.
The motion c ied by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
20. NEWPORT COMMERCE PLAZA. [100 -2010]
Assistant Planner Bunim reported that the project will need to be re- noticed and the
item continued to the September 14, 2010, meeting. He asked Council to approve the
introduction of the ordinance to amend the land use designation from industrial use to
office use.
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August 10, 2010
In response to Council questions, Assistant Planner Bunim explained that the Planning
Commission discussed the parking requirement and noted that the applicant is
removing 121 compact spaces to allow for 40 standard parking spaces. City Attorney
Hunt explained that the public hearing can be conducted during the second reading of
the ordinance to keep the project on track and stated that if significant changes are
made at the public hearing, another second reading will need to be conducted.
iriocion ov council iVlember Laigle seconded b Council Member Ko-- -- to
introduce Ordinance No. 2010 -16 approving Planned Com pity Development Plan
Amendment No. PD2010 -002, and pass to second reading ' September 14, 2010.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member ansky, M Pro Tem Henn, Mayor
Curry, Council Member Webb, Council , f, be Gardner, Qqpncil Member Daigle
21. MORNINGSIDE RECOVERY
City Manager Kiff asked Council to continue the item to September 14 t6i w the City
the opportunity to address unresolved mattejq with Morningside Recovery and to allow
the public time to review the report. +
Willis Longyear expressed con out the apphpt moving in before approvals are
granted and believed that the fa ' ' y dot comply wij h State Law.
k'T
Ted Robinson stated that he did npt receive b notice and expressed concern that
a rehabilitation farcility will be plac in a- � sidenti a.
Guy Tinder stated thAt having a re tation facility in the area will cause disruption
to the curreliL residents and expresse oncern for his family's safety.
Fatima Geget staffed that the i0p mmunity association's CC &R's does not
all see td b locates b utq t lb and urged Council to consider the City in its
irety. s
Julie Ackerman eved tli�,'tt the rehabilitation environment is threatening, stated that
ere is no way avoid fine occupants because the facility will be located at the
ance /exit, expr~ sed concern for proper security, asked for resources to
acc information bout the upcoming hearings, and also expressed concern that the
occup s are not pt within the facility.
Dr. Jay W ha expressed opposition to the rehabilitation facility, expressed concern
for current r nt's safety and security, believed that the facility does not serve the
community,' 'cated that the success rates are low, and expressed appreciation to
Council for considering the matter.
Nancy Kriz expressed opposition to the rehabilitation facility, indicated that the rules
of the CC &R's will be broken if the agreement is approved, and stated that she look
forward to meeting with staff to discuss other concerns.
Dick Cruce asked staff to clarify the City's liability under CEQA.
In response to questions, City Attorney Hunt explained that the City is reviewing
multiple laws that deal with the facility, explained that CEQfA only deals with
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City Council Minutes
August 10, 2010
environmental impacts, stated that the CC &R's are not enforced by the City, indicated
that he understood the concerns regarding security, noted that the facility will have to
comply with Federal and State laws, discussed the proposed development
agreement, and noted that staff will be present at the Lido Isle Association board
meeting to address additional questions.
Motion by Council Member Webb seconded by Council Member Gardner to
continue Development Agreement No. DA2010 -001 to September 14, 2010.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansk ayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member ner, Council Member Daigle
XVI. PUBLIC COMMENTS
Michelle Wulfestieg thanked Council Member Daiglee?Ar sharing her sto xpressed gratitude
to the fire personnel at the Santa Ana Heights ..1 re St on for saving h .life, and invited
residents to attend the fundraising event for t " *'outhgg California Hospice dation at the
Newport Beach Winery and Vineyard on Sep0, 2010, from 6:30 p.m. 0:30 p.m. to
help raise funds for terminally ill patients.
Matthew Thomas discussed Responsi usiness Servic BS) training.
XVII. MOTION FOR RECONSIDERATIO
T Drive Appeal (PA2009-
to allow the applicant an
ncil for 60 days to allow him time to research
issues. City Attorney Hunt informed Council
ine date-
to
reSCo e Cliff Dri pea A2009 -149) at the October 12, 2010 meeting.
Tharried by the owing call vote:
AyMember Seli Council Mem ber Rosansky, Mayor Pro Tem Henn, Mayor Curry,
mber We , Council Member Gardner, Council Member Daigle
XVIII. ADJOURNMEN dj rned at 9:05 p.m. in memory of Ruth Dalton.
The agenda for the )regular Meeting was posted on August 4, 2010, at 4:00 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Recording Secretary
Volume 59 - Page 561
City of Newport Beach
City Council Minutes
August 10, 2010
Mayor
Volume 59 - Page 562