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HomeMy WebLinkAbout01 - Minutes - 01-27-09Agenda Item #1 February 10, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session January 27, 2009 — 3:30 p.m. I. ROLL CALL II. Present: Council Member Daigle, Council Member Mayor Pro Tem Curry, Council Member Ro CURRENT BUSINESS 1. CLARIFICATION OF ITEMS 2. Regarding Item 5 (Dogs at 38th that the ordinance reflects the h Regarding Item 6 (NeN about the large facility In response to Council Center), City Manager Mud however, t and amount program are lot harde comp le. Puic Works D: amo were chose, and they Council Member Webb, Mayor Selich, hncil Member Henn Council Member Gary0cr received confirmation fications discussed at the January 13 meeting. Council Member Webb expressed concern number of tennis courts is being reduced. Q regarding Item 9 (Community Youth to ha i amount was larger than the estimate; red by budget. He reported that rehabilitation estimate and noted that all the bid amounts were Badum stated that the project was hard to estimate, bid used with the bid results. AND VISITORS BUREAU STATUS REPORT, llebbie vely, wport Beach'Conference and Visitors Bureau (CVB), thanked Council for their part ship support. She provided an overview of the CVB and asked Council for a renewal of contr for five years with the same terms that currently exist. She reported that their i ustry w d like to create a new tourism business improvement district to supplement t eir contract in which six major hotels in the City have agreed to assess hemselves o of their revenue for marketing programs in order to generate more room is and re Transient Occupancy Tax (TOT). She indicated that they are one of seventy C in th world to be nationally accredited. Gary win, Conference and Visitors Bureau, provided a PowerPoint presentation which include the Newport Beach Tourism Economic Impact, National Industry Outlook, Newport Beach Hotel Business Overview, Current Conditions, NBCVB Organizational Overview, Budget, Mission Statement, Newport Beach Brand, 2006 -2008 Achievement Highlights, Functional Overview, Conference Sales History, 2009 Organization Initiatives, CVB Contract, Newport Beach TBID (Tourism Business Improvement District), Why Create a TBID, and a 2009 Six Month Plan of Action. In response to Council questions, Mr. Sherwin stated that they are currently working on a social media program which allows communication instantaneously with groups of people and demands daily care to maintain its relevance. He reported that room rates are declining and the 2% from the TBID contributions are based on those rates. He also stated that residents 3. from Southern California do visit the community but the CVB is currently working on getting the visitors to stay overnight. He indicated that there are no rules about how much money should be spent from the hotel's gross revenue funds because there are many variables connected and the competitive cities have a different market. He stated that he understands the concerns relative to a five -year contract, but it is important for them to do their job effectively and the work that they do requires a long term approach. Mayor Pro Tem Curry commended the CVB for doing a great job and stated that the community is a product of what the convention bureau d. In response to Council Member Daigle's question, venue Manager Everroad stated that the revenue projection for the City runs o years but the contracts with the CVB have historically been for five years. , BANNING RANCH APPRAISAL Assistant City Manager Wood by Buss - Shelger Associates. Ron Buss, Buss - Shelger Associates,` Banning Ranch; however, in which they phases. He stated that ey visited the provided a concise repo included: price trends. He noted t t ecom suggested that a 25% disc nt be deduction for the cost of cleans the fi study, i ad of an appraisal, was done I that their services Are obtained to appraise r recommended that the project be divided into ition, divided the land into four categories, and t information, parcel information, maps, and price is approximately $185 million and He __ed that the amount does not include a In respo Council M Daigle's question, Mr. Buss stated that there is no dev went host estimate ailable at this time, so a residual study can't be done. He Indic that 1e would furthe discount another 10% for the area because of the work I n vol ve He xted that the mrket evaluation included all of the sites except for the Dave rsori source Oppo unity Group, stated that raising the money to acquire Banning ch w e challenging in this fiscal environment. In response Coun questions, Mr. Myerson stated that he will look at all public and private sourlews, for funding and that he is open to funding suggestions. He indicated that the appraisals, r and board approvals will take about one to two years. Beek Jiggested that Council amend the General Plan to make the area open space and tr um production to continue. Kevin Alson stated that the area is well positioned as an open space resource, critical to the area, the last place of its kind, and is valuable. He suggested that Council look ahead 30 to 40 years. He believed that the Coastal Commission will make most of the area unbuildable because the biology report states that the area has the highest concentration of cactus wren in Southern California. Jan Vandersloot expressed appreciation to the City for attempting to acquire the open space and indicated that the pricing study did not include the purchase of Bolsa Chica Mesa. He stated that the area is sensitive because of endangered species and the cactus wren, and suggested that Council consider land swaps. Patricia Bondsmen expressed concern about the Santa Ana River, contamination, and pollution within Orange County, and thanked Council for attempting to acquire the area. In response to Council Member Webb's question, she stated that active areas and passive areas can coexist. James Quake thanked Council and expressed concern for the amount of capital needed to acquire the land. Debbie Kochan stated that the price is exaggerated and some of the areas were not included. Terry Welsh, Banning Ranch Conservancy, thanked is pleased that the General Plan reflected some of tt�e large coastal land purchases in Northern and Cers acres and sold for approximately $84 million. in of work and asked to work with David son to they would pay for his service. In respona#IZ Council he agrees that there is room for a sporteld on the pi Jean Watt stated that the p indicated that two things will h will have to work together to get ' Daigle's question, she stated that she Mayor Pro Tem Curry A potential funding sources In response to Council that could beiraised ret Council d'ncil and stated that the Conservancy wishes. He noted that there were ten California which totaled about 11,000 :ed that he knows it's going to be a lot rdinate efforts. He confirmed that er Webb's question, he stated that &require a further at the appraisals. She gin: Council needs to a to do this and everyone from the State. In resp nse to Council Member like more information about the residual value. be discussing Measure M eligible projects for tion ;City Attorney Hunt stated that an issue is in condemnation. Counc Membe Rosansky re nded everyone that the property is located in the County limit d note that the Coun Bows more development than the City. In respon estions, Buss stated that they worked on the Bolsa Chica project he . nder agr to speak publicly about, the Coastal Commission can cut back o sity, d the assesse value does not mean anything in today's market place. He also state at t 1,000 acres purchased in Northern California is non - comparable to this area becau it is a -urban area. He indicated that if the Coastal Commission restricts residential d el me n the property, it will decrease the property value. Vlao Council Member Gardner's question, Mr. Myerson stated that the Los Ong Beach Ports are more interested in using their money for restoration than e stated that they can do a different type of analysis on the appraisals if the osts were available or do a non - appraisal on a consultant basis, and noted that ways be revisited. Council Member Webb expressed concern about getting the funds for this project and stated that he can't justify taking public money to acquire property. He urged Council to make a decision and get final numbers on the development of the project. He noted that almost every area that is a concern might be preserved. Council Member Rosansky stated that Mr. Myerson will come back to Council in 30 to 60 days with funding information. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:43 p.m. The agenda for the Study Session was posted on January 21, 2009, at 11:20 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 27, 2009 — 7:00 p.m, I. STUDY SESSION - 3:30 p.m II. CLOSED. SESSION - 5:45p.m A. Conference with Legal Counsel -= Ant gated h ti�ation - _Initiation_ of.Liti ion - —g - - (Government Code.§ 54956,9(c-Las to matters: -_ 1. Potential initiation of litigation against the Sta mwf California for errors in allocation of sales and use"taxes..:_`` 2. Potential initiation of litigat #6ri on one matter in which dis6losure of its underlying existing facts and circumstances would jeopardize the City's ability to conclude existing settlern pt negotiations to the City's advantage. ��f,,„ B. Conferee with _Lega � 2Y e1. -. Exist11. itigation Government Code 54956,.9 41� 1. Sober Living By'`vThe Sea; Inc?'�yr _City of Newport Beach, United States DOW Court Case . UtV 08- 002MVS (MLGx) III. RECESS V. ROLL CALL IV VI. Henn;`'C`o`tlisgi,I'Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, until Member Gardner, Council Member Daigle City Xftprney Hunt reported that Council acted unanimously to enter into an agreement with the Law Firiis pf Hollar,0 and Knight to initiate action against the State of California and the Board of Equalization re(Aver sales tax revenues that were misallocated (Closed Session Item A.1). VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION -Father Ven Ilano, Hoag Memorial Hospital Presbyterian. D;. PRESENTATIONS Proclamation to the Corona del Mar High School Girls Cross Country Team - Mayor Selich read the proclamation and presented it to Coach Bill Sumner and the Girls Cross Country Team of Corona del Mar High School. Coach Bill Sumner highlighted the team's achievements, both athletically and academically, and expressed his gratitude for Council's recognition. 0 M XII. Proclamation to former City Attorney Robin Clauson - Mayor Selich read the proclamation and presented it to Robin Clauson, retired City Attorney, for her 20 years of service to the City of Newport Beach. Council thanked Ms. Clauson for her dedication and wished her well on her retirement. NOTICE TO THE. .PUBLIC CITY_ COUNCIL_ ANNOUNCEMENTS OR MATTERS .WHICH COUNCIL_ MEMBERS WOULD LIKE,PLACED „ON_AFUTURE- ..AGENDA FOR ..DISCUSSI..ON, ACTION.OR REPORT. (NON = DISCUSSION ITEM): Council Member Daigle expressed her concern over th ,durrent economic downturn and felt it important to identify its impacts on the senior comn4A,y, businesses, and citizens of Newport Beach. She encouraged staff to research several area bet% understand community needs. Council Member Webb commented on his rec attendance a��l4xhe Sundance Film Festiva] and discussed the premiere of "Five Hundred D of Summer” whic2tijtyas produced by his nephew, Mark Webb. jh Council Member Rosansky announced Mtntheoteadership Tommorrow aQual awards dinner will be held at Park Prive Cafe located at 1570 Sl'�eic Avenue, Costa Mesa, on February 5. —,F Pro Tem Curry repoA n his recent 'dt ndance at the Sister Cities Dinner which he attended with Mayor Selich, il Member le, and Council Member Webb. He also commented on his attendance at h'1116 both Annual — t Parade Dinner, with Mayor Selich and Council Member Rosansky, to ho or the arade'alunteers. He also announced that the Community Emergency Response I am (CE 1 dinner will be held on January 31 at the Newport Coast Community Center. Mayor Selich announced and presente4f slideshow of his first grandchild, Ava Violet Schmidt, who was born on January 24- 1. M LUTE F THE SPECIAL MEETING OF JANUARY 10, 2009, AND RE ETING OF JANUARY 13, 2009. [100 -20091 Waive reading of subject minutes; approve as written and order filed. _ REAPING OF ORDINANCES AND RESOLUTIONS. [100 -20091 Waive { reang in full of all ordinances and resolutions under consideration, and direct City Ch' to read by title only. B. ORDINANCES FOR ADOPTION 3. SEA LION TIME LIMITS FOR COMPLIANCE - FIRST WARNING LETTER. [100 -20091 Adopt Ordinance No. 2009 -1 relating to Sea Lion Compliance, amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal Code. 5. ORDINANCE AMENDING SECTION 7.04.050 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DOGS AT 38TH STREET PARK. [100 -2009) a) Adopt Ordinance No. 2009 -3. D. CONTRACTS AND AGREEMENTS 7. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON CITY HALL MASTER PLANNED FACILITY. [38178,1100 -20091 Approve the Professional Services Agreement with LSA Associates, inc., and authorize the Mayor and City Clerk to execute the agreement. 8. LIDO ISLE STREET REHABILITATION (C -4096) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR DESIGN SERVICES. [38100 -20091 Approve a Professional Services Agreement with Walden & Assoc' s of Irvine, for design of final construction plans for Lido Isle Street RebAilitation at a not to exceed price of $99,420, and authorize the Mayor and Citytlerk to execute the Agreement. 11. 2008 -2009 SIDEWALK, CURB G ER REPLACEMENT PROGRAM (C -4072) -AWARD OF CONTR, ` . [38110 .9,_0091 a) Approve the project plans and specifications; b) award the -.contract C-407 to Grigolla & Sons Construction Company for the total bid price of ; ,$554,145 50 anFa; -authorize the Mayor and the City Clerk to execute theAntract,4and c) establish a &amount of $55,400 (10% of total bid) to cover the coatiof unfofeseen work. Motion_by Moor Pro Tern Curry to approvethe Consent Calendar, except for the items removed (4, 6, 9, 1.0, and 12). The motion carried b y the follower grcallvote: ayor Council Member Gardner Ayes: r u y M Pvi Tim Curry`rCouncil Member Webb, Mayor Selich, Council Member Daigle, Counllil Membe Council Member Henn XIII. ITEMS REMOVED FROM THE.C�T T CALENDAR 4. VESSEL ANCHORING IN TIE PACIFIC OCEAN. [100 -20091 In response, to Du ka�jtchols quest n, Council Member Gardner explained the regulations. : (Cdo Council Memb_&OWebb to adopt Ordinance No. 2009 -2 amending Sections 17 01 03 17 20 0 0, 17 20 050, 17.25.020, 17.45.020 and 17.45.030 of the Newport Beach The motion carried by tTie following roll call vote: Member Gardner, Mayor Pro Tern Curry, Council Member Webb, Mayor ouncil Member Daigle, Council Member Rosansky, Council Member Henn 6. NE BEACH COUNTRY CLUB (PA20050140 & PA2008 -152) - GENERAL PLAN W ENDMENT INITIATION (GI2009 -001) TO AMEND ANOMALY NOS. 46 AND 74 OF TABLE LU2 OF THE GENERAL PLAN LAND USE ELEMENT IN ORDER TO ACCOMMODATE THE RENOVATION OF NEWPORT BEACH COUNTRY CLUB. [451100 -20091 Mayor Pro Tom Curry stated his abstention on this item since he is a membe of the Newport Beach Country Club. Council Member Webb expressed concern about the magnitude of the proposed size increase of the clubhouse. Planning Director Lepo provided a history and detail of the proposed project and explained that the applicant's vision is to upgrade the current facility to create a venue for upscale tennis tournaments by providing first -class overnight accomodations. 9. 10. Therefore, the applicant requested that the General Plan be amended to replace 17 of the 24 existing tennis courts with five residential and 27 detached dwelling units. In response to Council Member Gardner's question, Planning Director Lepo stated that Council's approval would only initiate the General Plan Amendment and allow staff to begin the planning and research for the project. He noted that further findings would be presented to the Planning Commission and Council before any construction. Council Member Webb stated his concern that otherblic tennis courts may be heavily impacted by allowing the removal of 17 of the 24 to s courts. Council Member Gardner commented that, as a tennis player, her observations that many of the public tennis courts are not being used and she felt that the proposeAmendment should not negatively impact the public._ Motion._by._.Coancil Member_Rosansky'to adopt solution No. 2009 -2 to initiate a General Plan Amendment. The motion carried by the following roll Ayes: Council Member Henn, Cc Gardner, Council Member Noes: Council MembEw Webb Abstain: Mayor Pro To g.Try COMMUNITY YOUTH CONTRACT. /381100 -2 Member Rosansky, Mayof(Selich, Council Member TION (C -3959) - AWARD OF Dick Nich i;�&quested an `explandtion of th usage for the proposed bid amount and suggest 0`7that staff add an Erical services requirement to the project plans. Council Meml e Webb r ad the itemiz __ list of proposed improvements, as listed in the staff report. Motion�M oor Pro Tem,C4ry to a) approve the project plans and specifications; b) and the <'aora X959) to 'PC Contractors Corporation for the total bid price of and authorize te''Mayor and City Clerk to execute the contract; and c) establish an amo ' of $199 300 (15% of total bid) to cover the cost of unforeseen work. ,lt The motion rried b3rI a following roll call vote: 3� Ayes: Councib Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich,' ouncil Member Daigle, Council Member Rosansky, Council Member Henn MUNI Y YOUTH CENTER (CYC) PARKING LOT REHABILITATION (C -4132) R C 1LL BIDS. (381100 -20091 Dick Ni hols stated that he had no objections with staffs recommendations. Motion by- Council Member Webb to a) reject all received bids; b) direct staff to re- advertise the project for bids; and c) direct staff to return the Cashier's Check (Bid Bond) in the amount of $12,500 submitted by Frank Shariat General Engineering. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 12. POLICY DIRECTION REGARDING THE OCTA/MEASURE M HABITAT CONSERVATION SITE INVENTORY. [100-20091 Council Member Rosansky spoke in favor of adding all of the proposed sites as requested. He also stated that he would like staff to contact the heirs of the Beach and Bay Mobile Home Park property to inform them that the City may be interested in acquiring the property, independantly from OCTA, should it ever become available for purchase. Council Member Webb added that the property also acts as a staging area for the trail system up the Santa Ana River. l� Dick Nichols requested that staff place the proposed +rtes on a map to provide to the public. Council Member Rosansky noted that a map was ixffluded with the staff report. add the following sites in Newport Beach- 'to.,i J M_ otion by Council Member Rosansk . to "autho the City Manager to ask OCTA to is Hab Conservation Site Inventory: 1) Banning Ranch (purchase and/or habitat improvement); Beach and Bay Mobile Home Park, if available for sale and if legally closed (purchase a or habitat improvement); 3) Upper Buck Gully (habitat improvement site); and 4) propert 'n Lower Buck Gully that are held by private property own6tr ,,(purchase or habitat improve st). The motion carried by the following rollcall vote: Ayes: Council Member dne XIV. ORAL REPORTS FROM CITY C� i Council Member D� reported that addressed at the wff Committee Wayne Airporti JWA) and the Upper B at, are precautid in place to prevent s Manager Bludad",X por%d on a citizen i Los Angejgs._Worl9 } i 9r AAWA) to Selich, Council Me Mayor Selich reported that the General Plan Advisory Committee is scheduled to meet in the Council Chamber on January 28 at 3:30 p.m. to continue rewriting the Zoning Codes. Mayor Pro Tem Curry, Council Member Webb, Mayor iigle, Council'= 141ember Rosansky, Council Member Henn f pic of h r being ingested by airplane engines was ;ing due to the concern over the proximity between John The Airport Director informed the committee that there an incident from occuring. She also stated that City mstion that the Aviation Committee begin dialogue with sibly shift some of the passengers from JWA to Ontario on her recent attendance at the Coastal/Bay Water Quality Cdt� cil Member He reported on items relating to the Ad Hoc Committee on Group Homes. He also "%e orted that t use permit for Balboa Horizon had been approved, while use permits for New po' oast Rec(&ery and the Kraemer Center have been recommended for denial. He stated that a res ,*ion ofenial for Newport Coast Recovery was reviewed at the last use permit meeting and had bee ' 0 nued for consideration on February 5. He also stated that after February 22, facilities will ve object to abatement if use permits have not been applied for or received. Council Member Henn reported that three legislative proposals are being prepared for consideration that would enhance the regulatory and legal environment relating to group homes at the State level, and are appropriate for municipalities. XV. PUBLIC. HEARINGS 13. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT, CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA ( SLBTS). [681100 -20091 Assistant City Manager Mff provided Council with a Power Point presentation that summarized the proposed Zoning Agreement and Ordinance No. 2009 -5. In response to Mayor Selich's questions, Special Lega counsel Markman believed that the number of beds, both occupied and unoccupied, are "not defined in Exhibit B because he did not feel it was substantive. This issue was presen d to Sober Living by the Sea ( SLBTS) as suggested by the Planning Commission but was rejed by them. Craig Batley discussed the issue of Robert Rush believed that SLBTS occupant count restrictions and t1 performance. Dick Nichols questioned whether li, Max Liskin questioned Healt agreement would be affect "..' r and cai"ity enforcement. ant financials ivation to not abide by the for violation on limit the City to specific can be converted to sleeping areas. h Groups (CRC) financial stability and how the SLBTS CRC's financial distress. Laura Curran stated that'fnany of tR and under facilities are operating illegally and questioned the enforcemen againg� 56 ties. She also questioned the factors governing,, hglped for a CE( r ptlrt. She requ sted that Council modify the agreement so it suppg 6 all r "esidents and i ' messes, and creates a community that can be appreciated by all„ Denys 01%Kmap l ,eved that th terms of the Zoning and Public Interest Agreement were eatec(`Cbavoi fig 11 is sire the business does not comply with the City's General a r th'k,, Specific'-6 al Plan, and does not allow for enforcement and review. adds, that the City needs to conduct due diligence with the long term agreement'''Ms.O` rinan also stated that she felt there was an inappropriate CEQA determinati4 and re'gsted that Council revisit the agreement. David DiamcWid discussed the injunction imposed by Judge Selna and believed that this agreement reouces public benefit. questioned whether the City has determined California's Alcohol and Drug position. Mayor Selich requested clarification as to why the City is categorically exempt from CEQA and did not need to go before the Coastal Commission. Special Legal Counsel Markman reported that the CEQA issue was discussed with the Planning Department and the City Attorney, and was found to be categorically exempt since it dealt with existing facilities. Further, it could be seen with certainty to not have a negative environmental impact since it permanantly lowers the number of persons that are considered as clients, and reduces commercial activity in residential zones, as well as facility overconcentration due to disbursement, facility size, and actual number of clients. City Attorney Hunt added that findings were not required in the context of identifying the exemption and no formal findings were necessary since the staff report was adequate in identifying an exemption. In response to previous public comments, Assistant City Manager Kiff stated that SLBTS facilities are subject to the same code enforcement regulations as any other facility and will be pursued if necessary. Council Member Webb asked how much notice needs to be provided to the facility in order to schedule an inspection. Assistant City Manager Mff indicated that Code Enforcement can knock on the door to question certain violations; however, may not enter the facility without a warrant if the owner does not willingly let them in. He also commented that Code Enforcement may not enter the facility without approval due to privacy issues. He emphasized that the City intends to consult with ADP as to whether the facilities are appropriately implementing their licens"re requirements. He reviewed the allowed exceptions. Special Legal Counsel Markman noted the,,;isg", cant reduction in SLBTS Peninsula clients from the 1,200 - 1,500 level of cts peed by some citizens' groups since September 2007, to permanently limit Sh S to 156 c gts on the Peninsula, including 12 on Lido Isle, along with the reduced nu6ber of beds and fadi4jies from other reductions. Regarding the question of wh t woc insolvent, Special Legal Counsef,sk" krr aspect except to the extent it wo '�j agreement. He noted that, if insolvency the facility a default n with a cure ultimately result in co He con CRC will be able to trans t eem Special Legal Counsel in effect, with in7uncalon goes away entirei enforcetegralFuses. He also r SLBTS facrtres tdd be able ix iwftgr tha.the four ared€ happen if CRC were to become financially �'t, stated that the agreem"t did not deal with that se violations of the operating standards in the !re to affect their operation, the City would send rind and, if no resolution is made, the issue may Heft that, pursuant to the agreement, SLBTS and as V *hole, but not less than a whole. repg, e t Judie Selna's injunction against the City's =dal facili anguage against networkded licensed six - was a big benefit to the City to finalize the Agreement an added that when the agreement becomes effective, the by terms of the settlement and frees the City to lived confirmation from Assistant City Manager Kiff that ocate adjacent to any private elementary school and tot in the agreement. Council Ithod. r'nn stated that there is an implication that West Newport has been sacrificeis agreement; however, the SLBTS Agreement will result in significantly fewer au locatiz., a, and the facilities are fewer and more dispersed than 18 months ago. He also Emphasized that there will be other substantial reductions taking place in West Newport in � dition to the SLBTS facility reductions which would also address the issue of grconcent tion in certain areas of the City. Assis t City Manager Kiff introduced John Pelican, CRC Health, and Richard Turzian, Attorn t or CRC Health. Mr. Turzian believed that CRC had given up a lot by entering into this agreement in order to conduct good business in the City. He clarified that "beds" is the same as people that occupy the facility. He agreed that the City is entitled to enforce and regulate the facilities pursuant to the proposed agreement. He emphasized that the licensed facilities report the number of facility occupants to the State and would not file false reports at the chance of losing their license. He added the unlicensed facilities are open to inspection with a couple of hours notice. Council Member Henn explained why approving the Zoning Agreement between the City and SLBTS is the right thing to do. He believed that he, as well as Council as a whole, was extremely well versed on the issue of group homes, including the proposed zoning agreement, and is qualified to make a decision. He discussed the large amount of time spent on this issue. He noted that he had thouroughly immersed himself in the complex legal and regulatory issues related be the agreement and assisted in the creation of the ordinance now in effect. Further, he has served as the Chair of the Ad Hoc Committee that had negotiated the zoning agreement currently pending approval. He assured the public that his decision balances all of the aspects related to the issue and emphasized that there is a certainty of outcome with this agreement and there is risk of a worse outcome through the use permit process. In addition, the City would be entitled to enforce the integral uses of the ordinance upon its effectiveness. He pointed out that, by not approving the settlement agreement, SLBTS would be able to expand without restriction w six - and -under facilities. He noted that the agreement avoids the potential for a lawsi'dt and provides for immediate citizen relief. He confirmed that the zoning agreementcts like a use permit and contains the standards included in the ordinance. He also s`4, ssed his appreciation for the public's dedication, concern, passion and participat' in the V cess. He stated that he understands rm that the Zoning Agreement does not conta `all the prov�ns that the public wants, yet was negotiated with many of the concep`s and provisions. rovisions that the public did want. He emphasized that negotiated agreements hli this should be �luated based on its merits taken as a whole, and that this ggreement" taken as a whole, is ood outcome for the City and its residents. Motion by Council Member Henn t�"introduce Ordinance No. 2009 -4 relating to a Zoning Implementation and Public Benefit Agr rent ( "Zoning Agreement ") between the City of Newport Beach ("City")'!, Living b$be Sea ( "SLBTS "), and pass to second reading on February 10, 2009. The motion carried by the following ro IL 1� ote Ayes: Couu4'MIember Hemf C ca Meber "Rosansky, Mayor Pro Tom Curry, Mayor Soich Council Member 6 m Council Member Gardner, Council Member Daigle 14. A G RAL .`,PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN A VENRMENT, AND PARCEL MAP TO ALLOW THE DEVELOPMENT OF A ]1W, SINEA1FItLY DWEL;ING ON A PORTION OF THE BIG CANYON GOLF 661 J USE EGO'R.Y FROM PARKS AND NR RECREATION (PR) TOGSINGLE UNIT RESIDE 1AL ' ""R�DETACHED (RS -D); THE PLANNED COMMUNITY DEVELOP ENT PI AN AMENDMENT WOULD AMEND THE BIG CANYON PLANNED OMMUNITY TO CHANGE THE LAND USE DESIGNATION FROM "GOLF C0I*SE" TO "LOW DENSITY RESIDENTIAL" (PA2007 -210). 1451100 -20091 it P ` nner Bunim provided a staff report and introduced the applicant, Larry to rther explain the details of the proposed General Plan Amendment. Larry T..3cker, representing Big Canyon Country Club, explained that they are requesting to create one residential lot on 1.9 acres and reviewed several concerns previously raised at the Planning Commission hearing. He confirmed that there is natural growth on the slope and that part of the slope does lead onto the golf course. Council Member Gardner expressed concern about water quality in Big Canyon. Mr. Tucker clarified that Council's approval of the General Plan Amendment and Zone Change would not include such development conditions; however, may be addressed when the lot moves forward for approval. City Attorney Hunt reported on a letter received from Hickey and Petchul, LLP, requesting deferral of project approval until the parcel is incorporated into an Home Owners Association (HOA). In response to Council Member Daigle's question, Mr. Tucker confirmed that the property will either be annexed into an HOA for a site review, or the City will conduct a site plan review under the Municipal Code. City Attorney Hunt emphasized that the land use implementation is a private matter to be handled between the applicant and associations. Frank Hughes, Big Canyon resident, expressed concern about converting part of the golf course into residential use, property cleanliness, and parking issues that may arise. Sondra Samuels, Big Canyon resident and Country Qlub member, requested that the Master Association and Big Canyon Country Club set regLa Eions prior to Council approval. Lorian Petry, Big Canyon resident, expressgei� oncei f., that approval of this item would be premature and requested that no parking. be" allowed o Pig Canyon Drive. Council Member Webb stated that the Master Association vmay request "ria0parking" signs to control parking issues. _. _ .... Richard Van Henceburgen, Big Canyon resident, expressed cone relative to landscaping, tree trimming, and maintenance'ogl}tx ©, and requested that the gFxoperty be placed in an HOA. In response to Council,- Member Henn "s :question, Mr. Tucker stated that 67 of the 101 residents need to appt';the annexation `.before it can be annexed into an HOA. Russ Kruse, Big Canyon resident ountrykub member, believed that the proposed General Plan Amendment would not itdp"!tpffic and property construction should not be a concern. illll��� Mike TO rehead, Big Canyon rRident, expressed his support of the proposed project. Don 'F�ow Blg Canyon resideiij and Country Club member, believed that developing the lot would 118yeative material impact on the community. ona q _ynn g Canyon res ident and Country Club member, believed that traffic and safety wol not:an issue. Byron Batcllor Bignyon resident, believed that a home on the vacant lot would be advantageou to surrounding residents. Walker, Big Canyon resident, stated that safety and traffic woud not be an issue. Mai+i„dane Simkins, Big Canyon resident, requested that regulations be established for the new Time Fwner to abide by. Donna Miff, Big Canyon resident and Country Club member, believed that one house will not create a parking issue. Barney Paige, Big Canyon resident, believed that the property is ideal for a single - family residence. Dan Baniford, representing SPON, expressed concern over the new homeowner's ability to build into the hillside and requested that a regulation be established to prevent that from happening. Tony Bombeamp, Biological Consultant for Glenn Lucose & Associates, confirmed the 15. existence of natural scrub on the hillside; however, believed that the project will not impact the scrub onsite. Mayor Selich expressed his support for converting the abandoned parcel into residential and believed that traffic should not be impacted by one residential unit. He agreed that the Planning Commission adequately dealt with the public's concerns. Council Member Gardner confirmed her support for the proposal and expressed the opinion that the parcel should be part of an HOA. Council Member Daigle commented that the conversion of the parcel is very creative and believed that the City is equipped to deal with design issues should the project fail to be annexed' into an HOA. Mayor Pro Tem Curry expressed his support to have the parcel part of an for control purposes. Motion by Council Member.. Daigle to{iia)'''`ado- "itigated Negative Declaration No. ND2008 -003; b)adopt Resolution No 2409 -3 with 's ndings approving General Plan Amendment No. GP2007 -008 and P:0rcel Map No. ''$1P2007 -029 (Attachment 1); c) and introduce Ordinance No. 2009 -5 "approving Planned'mmunity Development Plan Amendment No. PD2007 -005 (Attaahment,4, and pass to sec n reading on February 10, 2009. The motion carried by the following rdl l,,,call vote: e Ayes: Council Member ;ner, Mayo Pro Tem Curry, Council Member Webb, Mayor Selich, Council Me Co � uncil Member Rosansky, Council Member Henn ANNUAL STATUS REPORT ON mx! EIPT AND USE OF DEVELOPMENT IMPACT FEES [100 -2009) 3. di Ihi Planning .T c =cian Steffen irrq,d a staff report on the receipt and use of Development motes Vo#tncil Member.V ft-bb to receive and file the Annual Report on Development Impact Fe s, for= ,,rear 2007/2608, Ayes: Absent: XVI. PUBhK COM] Allan Beek - q1 He suggested XVII. PLANNING N by the follovhg roll call vote: Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member ember Gardner, Council Member Daigle Rosansky $240,000 to drill wells in order to prevent landslides and possible disasters. scant City Engineer Stein generate a report and have it agendized. XVIII. CONTINUED BUSINESS - None 16. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON THE 2008 COUNCIL PRIORITIES. [100 -20091 Motion v Council Member Rosansky to waive the the receipt of an oral report since an update will be sent to all residents in the City Manager's Community Newsletter. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn 17. PROPOSED STAFFING ADJUSTMENTS IN THE OFFICE OF THE CITY ATTORNEY. 1100 -20091 City Attorney Hunt reported that the new Assistant City Attorney will begin on February 1 and requested the internal promotion of two part -times positions to full -time positions to support the increase in staff size. I ' Motion by .Council Member Webb to Paralegal position at the full -time level classification in the Key and Management time Office Assistant position at the full Eim The motion carried by the Ayes: Council Member Gardi Selich, Council Member XDL CU. RRENT BUSINESS 18. COUNCIL DECIS] DEFER CERTAIN THE FY 2005 -2009 a) aijiffove the request to staff the part -time M er at bushing a new full -time Paralegal Tit; b) aridApprove the request to staff the part - e level. pte: •o Tern Curry, Couu� Member Webb, Mayor it Member Rosansky, Council Member Henn iNAGER'S RECOMMENDATION TO PROJECTS (CIP) FUNDED WITHIN City Managei Bludau presented a import on tfiFWity's financial status and proposal to defer various :,capi611, improvementxgaojects, based on necessity, to save over $2 million. He confirmed that each project wz. reviewed on a case by case basis to identify those that have been' arted and those that may_not be able to begin. Council Member mgr expressed concern about deferring the improvements to Avocado maven ,,, Med4& and Cb"'rbha Wet Mar State Beach as they were citizen generated. She questioned er staff generated projects. In response;;;to Cou`ngft Member Daigle's questions, City Manager Bludau explained that Council Polity requires jthe City to carry over 12% of its General Fund and a number of reserves are `#ii place for various purposes. He also indicated that Council will take an active role in provi1ing leadership in focusing on projects to be prioritized. He emphasized that wport Be h is a quality of life city and noted that Council will need to focus on where the grekttest va ge is for the dollar. CounciMlember Webb expressed concern that if the subdrain improvements are not addressed, it may lead to long term ramifications. He requested that Indian Springs not be postponed since the storm drain had previously collapsed. He requested that Council consider reducing the neighborhood traffic management program and removing one of the four sirens included in the original tsunami warning system to assist with the funding for other projects like the subdrain improvement project. City Manager Bludau indicated that he had spoken with Chief Lewis who stated that the one siren to be removed is nice to have but is not vital. In response to Council Member Webb's questions, City Manager Bludau and Public Works Director Badum indicated that the audio /visual system in the Newport Coast Community Center was not included in the original contract and that money may already have been spent on the system. Mayor Selich added that the Irvine Terrace Homeowners Association had contributed funds to the design of the Newport Coast Community Center and requested that the project not be deffered. Mayor Pro Tem Curry stated that the Newport Coast Community Center generates more revenue than originally budgeted and, therefore, warrants the additional equipment. He commeded City Manager Bludau for his efforts and stated that it would be proactive of Council to support the City Manager's deferral recommendations. Motion. by Coun _ R cil Member osanskv to support the'. he .City Manager's recommendation to defer the following projects, in part or in whole, at a c_p9t savings of $2,088,900: Fire Station 1 (Peninsula) Gender Modificationst;011 Fire Station 3 (Irvine Ave.) Water Pipe Repl�gemenbW,, Lifeguard Headquarters Garage Remodel, v Police Facility Office Rehabilitation "" Avocado Ave. Medians Renovation Balboa Blvd. Median and Parkway Improvements, except hhe extent of completion of conceptual plans =_ Bristol Street North Landscape Impkoyements Corona del Mar State Beach Landsca� 7Improvements Dover Drive Medians Renovation Westcliff Drive Median vation ''in Directional, Wayfmding f rent Signs, Semeniuk Slough Dredgiri .Projec' -_ Back Bay View Park Enharkement Fire Department Technology!Facilit}ei Mana ant Fire Department Technology Mobile Computers TsunamY'Warning Siren RemQAJ of the Dunes Siren The of 3 on carried by the following roll call vote: Council Memlji Odner.Iayor, Pro Tem Curry, Council Member Webb, Mayor T' ich, Council Membl¢tigle, Council Member Rosansky, Council Member Henn XY, MO.TION FOR_I IRCONSIERATIO.N. - None XXI. JOURNMENT -41:10 p rn;' The nda for thy' Regular Meeting was posted on January 21, 2009 at 3:30 p.m on the City Bulleti BBoard located outside of the City of Newport Beach Administration Building. a su plemental agenda for the Regular Meeting was posted on January 23, 2009 at 3:0 on the City Hall Bulletin Board located outside of the City of Newport Beach Admin ration Building. Recording Secretary Mayor