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HomeMy WebLinkAbout01 - Minutes - 9-28-10Agenda Item No. 1 October 12, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session September 28, 2010 — 4:00 p.m. I. ROLL CALL Present: Council Member Selich, Council Member Rosansky, yea Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner Cyuncillmber Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Mayor Pro Tem. Henn's gYtes gil egarding Item 9 (Hearing eer Services Relating to Title 20 Hearings), City Aft #ney Hunt stated that he would verify if the proposed Hearing Officer resides in Newpoif$each. Mayor Curry stated that he w' nt on item 510 esolution in Support of Proposition 22) at the regular meeting. V# a 2. CITYWIDE SPEED SURVEY UP ATE� Traffic Engmeef]3me.' pro vided a ort that included information regarding the new Califorma ehicle Traffic erode require nts. He discussed the Engineering and Trac Study (ET &�hce eglorcement of ape d laws, and speed limit changes. z, In respon e to q 1 `M ft Webb's uestion, Traffic Engineer Brine stated that the aw s Police he right to determine if drivers are driving at an afe speed fo 1 adway�pgnditions. Zimmerman,' onsulta#t. provided ".a PowerPoint presentation that included sation on how peed liin are set, the recent history of speed limits, and 85th In respo to Con ' questions, Mr. Zimmerman stated that speed limits are based on accident hi ry a safety, discussed site distance, and further explained how the 85th percentile spe it is determined. Traffic Engineer Brine stated that staff has looked at areas individ y, the maps and proposal account for all factors, and the measurements were taken mid -week during the day. Council expressed concern about possible speed traps, proposed speed limits on certain streets, map size, and measurements relative to safety changes at night. Council believed that the 85th percentile should be utilized on an individual basis. Council Member Gardner suggested that the item be brought back to Council after their concerns are addressed. City Manager Miff added that the survey will allow speeds to go down to also allow more safety for bicyclist. Volume 59 - Page 578 City of Newport Beach City Council Study Session September 28, 2010 3. 4. Mayor Curry indicated that the changes to speed law is a requirement from the State of California and noted that it is not a comfortable situation for the City to be in. In response to Council questions, Public Works Director Badum stated that staff will reevaluate the proposed segments and streets. UPDATE ON HARBOR PATROLIHARBOR RESOURCES COORDINATION EFFORTS AND HARBOR RELATED ISSUES. Lieutenant Mark Long, Orange County Sheriffs Harbor Patrol; provided an overview of their approach to law enforcement and their relationship wifth the City, and stated that the Sheriffs Department can work with various departmg is to help solve problems. Council Member Gardner expressed gratitude to for their assistance with water quality issues and Sheriffs Department In response to Council questions, Lieuten Lon stated that derelict vessels can be disposed of, and explained the approach costs bolved. He clari£ed that the fee study conducted by the County of Orange is o for ° t term stays. Mayor Curry and City Manager Kiff express ppreciation to the Orange County Sheriffs Department. Lieutenant Long thanked City send noted that he looks forward to working with the City. BALBOA VILLAGE PARKING �AN'1�GaE�IENT Economic Development Admimstraor De5antrs pfonrts ed a PowerPoint presentation that included informat'gp n M pal Coder issues, fun�rattribution, boundaries, meters, proposed seaso rate Parking FaczljLes Funds, Neighborhood Enhancement Reserves, -residential p g pro rams, and par ` g hours. In response to Cc "' "' questions, Economic Development Administrator DeSantis explained e e " ent aild proposed rate changes, exemptions for small businesses; e provemen ct (BID) acceptance of the proposal, employee parking alternafgs, a ive dates for the proposed parking rate hike, public outreach, and the meter spindles. Ralph that n not be Fundenberg, Xentral Newport Beach Community Association, believed that more awareness is needed before placing meters in front of residences. Association, expressed support for the Walker Study, stated erned about the proposed changes, and suggested that residents W.R. Dildine expressed concern that there is not an overlay map of the BID, believed that representation from people not in the BID is needed, and discussed the lack of parking spaces in the area. Craig Batley expressed concern about the minimal amount of public outreach. Mark Carlozzi expressed concern about the affects of the meters, lack of public awareness, possible decline in property values, and lack of Coastal Commission approval. Jim Stratton, commended staff for their work; however, believed that the proposed Volume 59 - Page 579 City of Newport Beach City Council Study Session September 28, 2010 III. IV. recommendation will not solve the problem. He stated that residents pay for parking through taxes and fees, and indicated that placing parking meters in front of residents' homes is unfair. Following discussion, City Manager Kiff suggested that the City conduct more public outreach. Mayor Pro Tern Henn volunteered to work with staff to create an outreach program that addresses the issues and will provide more information. He emphasized that the first step in revitalizing the area is to provide functional parking solutions. Volume 59 - Page 580 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting September 28, 2010 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION - 6:00 p.m. ,;Rra A. Conference with Legal Counsel - Existing Litigation (G, nment Code § 54956.9 (a)): Five matters: AA 1. Pacific Shores v. Newport Beac S. trict Court Case,9 SACV 08 -00457 AG (PLAx) a 2. Newport Coast Recovery and wstone Recovery v. CiN of Newport Beach, U.S. District Court Case No. S `' V 09 -0701 DOC (ANx) 3. Cross Claim Against 11Ir�gside Reco as the only remaining portion of the Concerned C taxer,''a t�`V -4 of Newp Beach, U.S. District Court Case No. SACV 08- 00192 -JVS (Rt,4Bx) �`` r,? Y 4. City of Ne ri Beach v." Back ay jLLC, Orange County Superior Court Ca o. $0- 2010- 0038549.Q 5. Shel v. Nort ` p ¢nd Johnsen Yachts, LLC, et. al., Orange County Superior Court e No. 0- 2010 - 004052831; HI B. Con% (6q -,v r eg' overnment Code § 54957.6): r enc Desi at Re ntativ s: Negotiator Bill Avery; Human Resources Director Terri Cassidy` iiw y iployee Orgamz_ a Ne ort Beach City Employees Association (CEA); Newport Beat Professional ad Technical Employees Association (Prof - Tech); Fire Management Associa ,n MA III. RECESS IV. RECONVENED AT 7:lYltl P.M. FOR RTi.MILAR MFFmirrr_ V. ROLL CALL Present: Council Member Selich, Council Member.Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Hunt reported that Council authorized defense on the Shelly v. Northrop case by a 7 -0 vote and authorized defense on the NextG Litigation by a 6 -0 vote with Council Member Daigle recusing herself. Volume 59 - Page 581 City of Newport Beach City Council Minutes September 2S, 2010 VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Mayor Curry Ix. PRESENTATIONS Presentation of $11,000 Check from the California State Library - Library Services Director Cowell presented the check to Council. Presentation of $156,000 Check from the Newport Beach Public Library Foundation - Tracy Keys, Executive Director of the Newport Beach Public LibraryFoundation, presented the check to Council. Presentation of $240,800 Check from the Friends of the "Library - Friends of the Library Nancy Acone, Susan Hirsch and Virginia Hader presented, �fie check to Council and thanked the community for donating books, Proclamation to Paul Cahill, General Manag . of tb Newport BeacI, Hotel and Spa - Mayor Curry read the proclamation and presen <it to P all Cahill. Paul Ca h2 - Ahanked Council for their recognition. t: < X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCF.MF.N!,1gy ,, OR MAWR. WNIP..T7 l.nr1Nfii. MF.MRF.RC XII. REPORT (NON- DISCUSSION ITEM) Council Member Daigle noted that planning 0 underway f6ilby lebration of the completion of the Upper Newport Bay EcologiOgestoration PrpiectoP Council Member G er ann ced that thew will be a presentation by the Newport Beach Historical Society on ber 7 and expressedepncern with minute taking practices for Planning Commission meetings. A . to Manager Sr 'th noted that those minutes will be improved. Mayor Cureor`d ^� the tewide mee of the League of California Cities, the California Special { „17istricts Annua y�onfe ce, the Coastal Cities Bike Coalition Meeting, the one year anniv sary of Newporth M ne and the 9th anniversary of Riuier¢ Mogazine, the U.S. Law2iowling Open, thecial o g of the OASIS Senior Center on October 9, and 3ongrati d Newport Harb High Sc ool on winning the Battle of the Bay. I� B. 1. MINUS FOR THE STUDY SESSION AND REGULAR MEETING OF SEPTE&BER 14, 2010. [100 -2010] Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES: AND RESOLUTIONS. [100 -20101 Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE Volume 59 - Page 582 City of Newport Beach City Council Minutes September 28, 2010 NEWPORT BEACH WINERY PROPOSED AT 869 WEST 16TH STREET. [100 -20101 Conduct second reading and adopt Ordinance No. 2010 -17 relating to Zoning Code Amendment No. CA2010 -005 to apply the Interim Study Overlay District by revising District Map Nos. 22 and 25, which will allow for Food Processing uses, including proposed winery, at a light industrial property located at 869 West 16th Street. C. RESOLUTIONS FOR ADOPTION 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNITED PACIFIC WASTE, A CALIFORNI,t1`''`CORPORATION. [421100 - 20I01 a) Adopt Resolution of Intention No. 201( 1109 to conduct a public hearing on October 26, 2010 to consider the awar} of',,q Non - exclusive Solid Waste Franchise to United Pacific Waste, a Alifornia e.,corporation; b) introduce Ordinance No. 2010 -19 granting a Non - olusive Solid V44aste Franchise to United Pacific Waste, a California corporati for a first rea (ing" and pass to second reading on October 26, 2010; and c) opt tlr Ordinance grarLg the Franchise at the conclusion of the October 26 110 pu c hearing. 6. ADOPT A RESOLUTIO STABLISHING "NO `' PARKING" RESTRICTIONS ON DESIGNAT STREETS ON SPECIFIC DAYS AND TIMES TO IMPRO STREET EPING EFFECTIVENESS AND RESCINDING RESO fl, 10N NO. 20 AND A CHANGE TO STREET SWEEPING RESTRICT MS�O VISTA ORO AND MAR VISTA. [100- 2010] a) Rescind Resolution " i99 -5; and adopt Resolution No. 2010 -111 establishing "NO PARKNG" restrict'-" qn deaf ated streets on specific days and times to ' prove street sweeping effectivet#ess for street sweeping throughout the City ' g revisions a€It the north side of 26th Street from Newport Boulev 11111 d to t east street e "`and to revise "NO PARKING" restrictions on the full I "' h of V' to Del Oro and far Vista Drive. 7. ADOPT ION TO AMEND THE STREET TREE DESIGNATION LI E [100 -20101 Adopt Resolution No. 2010 - 112 a Rnd Ci ty Stree ee Designation for Heliotrope Avenue to remove the Jspa' e BI a Pine and list the Kentia Palm and Dwarf Southern Magnolia as the desi' ted tr pecies for that neighborhood. t D. L'1VTRACTSAND4GRF,F, NTfi 8. GREEME TO PROVIDE SANITARY SEWER SERVICES TO CANYON iryRWAY . OMMUNITY (C 4611). [38/100 -2010] a) Receive a letter request from he vanyon Fairway Community Association (CFCA) for transfer of «,. own e r . am nance of the sanitary sewer system; b) authorize the Mayor and City Cle )C to execute the agreement to provide sanitary sewer services to the community of Canyon Fairway; c) authorize the City Manager to sign a Certificate of Acceptance to accept the necessary sewer and storm water easements; d) approve draft Proposition 218 notice and direct staff to send to property owners; and e) set "public hearing for November 23, 2010, to tabulate protests. 9. HEARING OFFICER SERVICES RELATING TO TITLE 20 HEARINGS (C- 4612). [381100 -2010] Approve the City Manager's recommendation to contract with Hon. John C. Woolley (retired) to conduct Administrative Hearings on Title 20 matters. In response to Mayor Pro Tem Henn's questions, City Attorney Hunt Volume 59 - Page 583 City of Newport Beach City Council Minutes September 28, 2010 noted that Hon. John C. Woolley does reside in Newport Beach. 10. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS - AWARD OF CONTRACT (C -3802, C- 4613). [381100 -20101 a) Approve the project drawings and specifications; b) accept Westcoast Public Work's request to withdraw their bid; c) award Contract No. 3802 to the second low bidder, John T. Malloy, Inc., for the total bid price of $286,050, and authorize the Mayor and the City Clerk to execute the contract; d) establish an amount of $43,000 (15 %) to cover the cost of unforeseen work; and e) additional contract costs of approximately $14,450 in consulting geotechnical services is estimate&for this project and will be performed under the On -call Professional Services 'Agreement with Harrington Geotechnical Engineering, Inc. 11. LIFEGUARD HEADQUARTER ROOF , REPLrSGEMENT -AWARD OF pprove tl CONTRACT (C- 4599). [381100 -2010] e ; project speci fications; b) award Contract No. 4599 to All West Roofing for the total bid price of $36,350, and authorize the Mayor and the C' Cler execute the contract; c) establish an amount of $10,000 to cover the of eseen work, and d)',propriate future California Emergency Manag t 'ency (Cal EMA) gra NIX enues up to $47,350 into 2355 -489C to rein Fire/Lifeguards for the roof replacement costs. 13. 2009 -2010 CITYWID)s 4JjgRY SEAL - . MPLETION AND ACCEPTANCE (C- 4270). [38/100 -20101 a)`1(e,,,,ppt the compted work and authorize the City Clerk to file a Notice of Complelib)") author the City Clerk to release the Labor and Materials Bond 35 days; the tice of Completion has been recorded in ordance with�,apphc,2lile pordails of the Civil Code; and c) release the Fait ormance Boii l qm —year after Council acceptance. 14. O CON ROLLED INS;IRANCE PROGRAM (OCIP) FOR THE CIVIC CE PR JECT - SELECTION OF BROKER /ADMINISTRATOR (C- 4614). [ 00 a) Approve udget Amendment No. 11BA -011 appropriating ( ) ) approve a Professional Services r�±9 sks from Civic CCP ; and b a A""";", Agreeilelit wi on Risk Se s, Inc. in an amount not to exceed $295,000 for 30- m0 ntbwith six (6) month extension, if needed (bond proceeds will not be needed for#1ie con ction contract and those savings will be applied toward the OCIP). 15..`,,,`AR. A, MENDME , NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NtWPORT BEACH AND DAVID KIFF (C- 4358). 1381100 -20101 Aprove Amendment No. 1 to City Manager's Employment Agreement to extend the time December 31, 2010, to establish residency in the City of Newport Beach.,� ` h E. MISCELLANEOUS 16. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY SERVICES. 1100 -20101 Approve Budget Amendment No. IIBA -004 to increase expenditure appropriations by $11,000 in Division 4010 (Support Services) and to increase revenue estimates. for the same amount in Account No. 4010.4835, Library Services Technology Act. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT Volume 59 - Page 584 City of Newport Beach City Council Minutes September 28, 2010 BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE FUNDS FOR SALARIES AND MAINTENANCE & OPERATIONS BUDGETS FOR FY 2010/11. 1100 -20101 Approve Budget Amendment No. 11BA -003 to increase revenue estimates by $156,000 in Account No. 4090 -5893 (Library Foundation/NBPLF) - expenditure estimates will be increased by the same amount in Division 4090 (Library Foundation) and Division 4060 (Literacy Services). 18. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2010 -11. [100 -20101 Approve Budget Amendment No. ,,.4fBA -010 to increase revenue estimates by $240,800 in Account No. 40,9E 2 (Friends of the Library Donations), and increase expenditure estimates by t'h _same amount in Divisions 4091. ;,j 19. 2010 -2011 CULTURAL ARTS GRANTS [100 -20101 Approve recommended recipients for FY 2010 -2011 C t6a' l Grants as selecte&w the City Arts Commission in accordance witl�j� y P °cy I -10 - Financial Sup ,rt for Culture and the Arts. 20. STATEMENT OF INVESTMENT PA CY FOR FISCAL YEAR 2011. [100 - 2010] Approve the Statement of Ioves t Policy (Council Policy F -1), as amended by the City TreasuYe hxul the Finan ommittee. 21. NOMINATIONS TO THE CITIZEi ICY SAFETY COMMITTEE. [100 -20101 a) Confirm the nominates of Bergey, Tom Croxton, Barbara Danzi, Jo ffernan Denis T aBonge, Se Matsler, Tony Petros, Stephen Sholko nd J- n Tzinberg aa'presented by the Council Ad Hoc Appointments Co n ee to the positions on the Citizens Bicycle Safety Committee; and b) condo c ppoin ents at the Oct }ber 12, 2010 City Council Meeting. 22. POIN E = NOMIC DEVELOPMENT COMMITTEE. O 20111 A nt Mark ": er to the Economic Development Committee. �! ��Ii Moti Ma or Pro He seconded b Council Member Rosansk to approve the Con alendar, except foxthe item moved (5 & 12), and noting corrections to Items 4 & 21. The motioitrried by the follwing roll call vote: ''u� fEq Ayes: Council ber Selic# Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Mem`% Webl Council Member Gardner, Council Member Daigle ti, XIIL ITEMS REMOVED FI THE CONSENT CALENDAR 5. RESOLUTION IN SUPPORT OF PROPOSITION 22 (NOVEMBER 2 GENERAL ELECTION). [100 -20101 Mayor Curry noted that Mayor Pro Tem Henn and Council Member Gardner have been active in the signature collection to qualify Proposition 22 for the November ballot and discussed the importance of the proposition in protecting funds. Motion by Council Member Gardner, seconded by Council Member Webb to adopt Resolution No. 2010 -110 related to support for Proposition 22 (the "Local Taxpayer, Public Safety, and Transportation Protection Act of 201011). Volume 59 - Page 585 City of Newport Beach City Council Minutes September 28, 2010 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 12. BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT - AWARD OF CONTRACT (C4479).[38/100-20101 W.R. Dildine expressed concern relative to the low bid on the project. Michael Stergin, M &E Construction, commented that the Public Works Director Badum clarified the bid process i reaffirmed that the low bidder ns was responsive. In response to Council questio, hinted this bid was typical to the process. e Motion b Council Member Webb seconded bv Ma or Pro Te ""Henn to a) approve the project drawings and specifications; b) award ��o, tract No. 4479 t ME Construction for the total bid price of $157,000, and horize;the Mayor and City o execute the contract; and c) establish an amount of $1820Ato cover the cost of unfowork. The motion carried by the following roll call Ayes: Council Member Selich, Curry, Council Member XIV. , Mayor Pro Tem Henn, Mayor Iner, Council Member Daigle Council Member Daigle g-, that the ti s Aviation Committee received a report that aircraft emissions are comphAnce with Fed standards and that a water quality study might be conducted in the e. Mayor Pro Tem Henn nd� EconomiDevelopment Committee decided to form a subcommitte bus ,g�sc�s license , i rted on a presentation from the Film Festival which dis sed the su s ofBi s year's festid, , and discussed the Finance Committee's review of the estment sa c olic p y, - vigg, initiatives; a budget update, and the Civic Center timeline. XV. PUB EARINGS 23. Al RT BUSI S AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN 2007 -170 PA2008 -063). [100 -20101 Special Prole Co sultant Wood utilized a PowerPoint presentation to summarize staff analysis of th grated Conceptual Development Plan (ICDP), neighborhood parks, general plan p ties, and environmental review and impacts. In response to Council questions, she noted that the ICDP serves as a guide and discussed the General Plan and Environmental Impact Reports (EIR). Mayor Curry opened the public hearing. Geoffrey LePlastrier and Carol McDermott utilized a PowerPoint presentation to discuss the ICDP purpose and overview, connectivity, neighborhood amenities, parking, unit allocation summary, regulatory plans, and advantages of the project. Kyle Weichert, Stoneridge Capitol Partners, expressed concerns relative to parking, circulation impacts, and shuttling employees. Volume 59 - Page 586 City of Newport Beach City Council Minutes September 28, 2010 David Waite, legal representative for Stoneridge Capitol Partners, discussed the importance of thoroughly evaluating project impacts. Brian Adams expressed concern for public access within the property. Tom Muller, Conexant Legal Representative, discussed the general plan. Carol McDermott asked for support of the project and emg asized that the plan is conceptual. Hearing no further testimony, Mayor Curry closed A In response to Council questions, City Attorney < n proceeding with the project, noted that the IC s a made from, and clarified that Council has th `authori approved. Council Member Selich expressed suppo t' r th"r,opose Council Member Webb su easements, and access from Council Member Gardner expres felt that the ICDP is in tune with Council Member Daigle believed Street. I public hearing. K sed support for the City cep on which plans can be to cha Sp the plan after it is plan. to the ICDP in regards to bicycles, for Coui ,Member Webb's suggestions and the area. nivuivu u �u. ncu iviemner Lal seconded by t;ounctl Member ( xrdner to adopt Resolu �No. 2010 -113 appro the proposed Airport Business Area Integrated Conceptual De t, pme #,t Plan as amend by Council Member Webb. The in reed' � Ise to"' c vote: es: Council her ech, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Coun Memi3 „Webb, Council Member Gardner, Council Member Daigle 24. INA PALACE E PERMIT (PA2010 -082) - 2800 WEST COAST HIGHWAY - U a ERMIT NO. 10-015.[100-20101 to continue t em tolovember 9, 2010. The motion car by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tent Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle City Manager Kiff reported that the applicant requested a 45 day continuance. XVI. PUBLIC COMMENTS -None XVIL CURRENT BUSINESS 25. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE CITIZENS Volume 59 - Page 587 City of Newport Beach City Council Minutes September 28, 2010 TECHNOLOGY TASK FORCE. [100 -20101 Assistant City Manager Smith detailed the proposed recommendations. In response to Council questions, City Manager Kiff discussed the options relative to outsourcing in the future. Mayor Pro Tom Henn expressed support for the proposed five -year plan. Laura Curran requested and received clarification about the 0 of Information Officer and the consultant's roles. 26. CLEARWIRE TELECOMMUNICATIONS FACILI `PERMIT (PA2009 -165) - 1 PARK NEWPORT - TELECOMMUNICATIO ER NO. TP2009 -013. [100- 20101 Council Member Daigle recused herself. Senior Planner Campbell provided a sta6pport d recommended appro „of the permit. Motion by Uouncil Member Rosansky`*ponded by Council Member Webb to adopt Resolution No. 2010 -114 approving Ter ` mmunications Permit No. TP2009 -013, subject to findings and conditiori` Af approval. The motion carried by the following roll te: Ayes: Council Member Selich, Couz it Mem Y, 'Nayor Pro Tem Henn, Mayor Curry, Counci�` %ember Webb, g ounc ember dner A.V 27. MORNINGSI,b)E RE(C+VERY DE OPMENT AGREEMENT (DA2010 -001) TO PROVIDE,ENTITc) EMENT FOR THE OPERATION OF RESIDENTIAL CARE FACILITIES THE CITY WHILE SO CONTAINING LIMITATIONS ON THE TOTAL NUMB ([P C)NTS IN ECOVERY FOR DRUG AND ALCOHOL AB E ON OC', IES AT ITS CURRENT FACILITIES AND IN TH NII T TLA ZONE, "AND CONTROLS ON THE OPERATION OF HESE FACILI S. [1;00 -20101 y Attorney Hunt rifled tfii' details of the ordinance. concerns regarding the transport of patients at the Lido Marina Lori Morris e eed concern for the Morningside presence in Lido Marina Village. Laura Curran expressed concern for exceptions made in the agreement. Mary Helen Beatificato, Legal Representative for Morningside Recovery, clarified that there is no intake facility in Newport Beach, there is no methadone clinic of any kind operated by Morningside, that Morningside fully intends to comply with the Development Agreement, and that they intend to keep good relations with the residents of Newport Beach. Candice Bruce, Morningside Recovery CEO, commented on traffic congestion around the Via Lido facility and noted that the loading area will be moved to the front of the building. Volume 59 - Page 588 City of Newport Beach City Council Minutes September 28, 2010 In response to Mayor Pro Tem Henn's question, City Attorney Hunt clarified that the use of the location in Lido Marina Village complies with the zoning code. Mayor Pro Tem Henn noted the substantive changes that have been made to the original agreement that provide a much better basis for enforcement and how public input has helped Council craft a much improved version of the development agreement. Motion by Mayor Pro Tem Henn. seconded by Council Member Webb to adopt Ordinance No. 2010 -18 approving Development Agreement No. 2010.001. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosan Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Mein - ' ardn Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XIX- ADJOURNMENT -Adjourned at 9:12 p.m. in mmeinory o Elizabeth The agenda for the Regular Meeting was p'&o'sted:on September 21, 2010 i"1:53 a.m. on the City Hall Bulletin Board located oude of the City of Newport Beach Administration Building. ' Volume 59 - Page 589