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HomeMy WebLinkAbout01 - 09-22-2009 - MinutesAgenda Report #1 October 13, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session September 22, 2009 — 4:00 p.m. I. ROLL CALL Present: Council Member Henn, Council Member nsky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Counci ' mbe rdner, Council Member Daigle IL CURRENT BUSINESS 1. CLARIFICATION OF ITEMuaOTFFE CONSENT C NDAR. u r- In response to Council Me r rdner's question regardi Item 8 [Affordable Housing Agreement with Sea Lutheran Plaza], Assistant ity Manager Wood stated that staff will clarify if it is Avible for the City to apply for post -grant funds. In response to Cc ` "' ember Henn's e_ stion regarding Item 15 [Acceptance of 2009 -2010 State of C ' or "" ce of Tr c Safety (OTS), DUI Enforcement and Awareness Program G nt AL olice fain Johnson explained the process for receiving funds fro�the St a n d at they never incurred an incident where ds were no ref ed. City 'U rney Hunt stated that the State has a leg lig n to fund ants; however, they can avoid the legal obligation t ugh procei 'ngs. Council Member Daigle expressed concern about vulner bility of cost p ,grams. City Manager Kiff indicated that staff will close as ant program unded by the State. spo to Couunc T er Henn's question regarding Item 16 [Review of the FY 8.2 Community Development Block Grant Consolidation Annual Perfo nee Evaluation Report (CAPER) to the U.S. Department of Housing and Ur n Deve ' ent], Assistant City Manager Wood stated that she will clarify if surpl funds olled over and provide a report at the regular meeting. STREE SWEEPING PILOT CONTRACT PROGRAM. Vner ervices Dire ctor Harmon utilized a PowerPoint presentation to discuss the treet sweeping pilot program, the current program costs, condition of the ehicles, and recent City contracts. He explained that the program will entail reassigning two full-time staff members and hiring an independent contractor for a twelve -month term to work in pre - selected, non - posted areas in the City. In response to Council questions, General Services Director Harmon noted that the funds in the reserve account will not cover the cost to replace the six diesel sweepers with new Compressed Natural Gas (CNG) sweepers and reported .that there are approximately three contractors that use CNG equipment. He indicated that the Air Quality Management District (AQMD) no longer allows cities to contract with companies that use diesel equipment. He stated that the program term could be adjusted, recommended that one contractor be used for the pilot program, and Volume 59 - Page 264 City of Newport Beach City Council Study Session September 22, 2009 discussed the reasons for utilizing a twelve month term. He reported that staff will benchmark the service to compare service levels and perform a cost comparison with other cities in the County- Council Member Henn applauded staff, believed that options should be compared, and indicated that pension cost increases should be included in the analysis. He believed that a pilot program is not needed, suggested that staff move forward with a one month review period to set guidelines and to prepare a Request For Proposal (RFP), and expressed concer .that using one company for the pilot program will create an advantage over er qualified companies. Council Member Daigle emphasized that both priva and public entities are capable of delivering quality service. In response to R neil Member Daigle's question, City Manager Kill stated that he would like - e to be no more than six months. Mayor Pro Tem Curry expressed suorort of a month pilot program. Council Member Gardner expressed sYded or a twelve m h pilot program to allow time to evaluate the level of servicecil Member Webb ressed concern about the lack of information staff pr other citi es st sweeping efforts and expressed support for a t ve mo�ut pilot program. Co Member Rosansky expressed support for a twely pilot program. Mayor Se expressed support for a short term pilot progra ter hearing Council views, Council Member Henn suggested th t the pilot pro be shortened as much as possible in view of budget concerns. H o stated that, asr a face even more pressure to cut spending, our first priority m assure thil the City's efficiency and operating cost structure be addre d efore w - urn to reductions in the Capital Improvement Progam IP) and p k alue. 3. STATU F BUCK PROJECT. gineer /Assis City Engineer Stein utilized a PowerPoint presentation I the project si photos of City property, proposed improvements to the derings, previ s Morning Canyon slope failures, Buck Gully problem h asemen concerns of property owners, project funding the propo " "" r*edule, and the City's next steps. He discussed the t staff is facing to obtain easements from property owners and t would like direction from Council. CounIn ember Ctardner announced that she attended a Buck Gully community meetind requested that Council allow staff to perform more outreach to inform residf the importance and value of the project. She reported that the grant funds City has aheady acquired for this project cannot be reallocated and would stave returned to the State. In sponse to Council Member Gardners. questions, City Attorney Hunt believed that this is not a liability issue, but a health and safety issue. He clarified that the intent of an easement is to give the City the opportunity to do the work and does not allow the City to take further action. In response to Council Member Rosansky's questions, Principal Engineer /Assistant City Engineer Stein believed that an Assessment District could be formed and noted that the repair cost increases with loss of sediment. He added that the City does not own property at the project site; however, damages could reach Coast Highway. In response to Council Member Henn 's question, City Attorney Hunt stated that the Volume 59 - Page 265 City of Newport Beach City Council Study Session September 22, 2009 City has no legal obligation to perform the work and indicated that it would be very time consuming and problematic for the City to take action by eminent domain. Mayor Pro Tem Curry believed that property owners were misinformed and expressed support for making more efforts to educate residents on the importance of the project. In response to Council questions, Principal Engineer /Assistant City Engineer Stein stated that relative to the Morning Canyon slope, Jallure, there were no erosion control efforts and the City cleared the bottom Q the canyon prior to the slope failure. He stated that unless all property own in the area allow access, nothing can be done for the project and noted th detaining water upstream creates difficulties because of selenium anrlarified quality issues. He believed that the existing easement is only parti use but is not sufficient for the project. Public Works Director Badu�}} th a Coastal Commission would not approve the project using the a� btiement. as Council's consensus that another strong effort to get the r�Zi ssaements sho _ e undertaken. 4. CONSIDERATION OF ka,UE_ ATMG A COUNCIL P CY REGARDING VOTING CITY LAND IN AS MENT DISTRICT BALL ING. City Attorney H t asked Cou to consider the issues outlined in the report, consider altej%tives, and provtdw ?direction. Council Member Gar er be that Co should not vote during Assessment District Balloting. Co Membe b exp ed concern about fees to residents on failed Assessment stricts, ' d d that Council should vote. Council Memh igle believe th there sho be a better way to obtain upfront cos ayo Pro Tem C elieved that it would not be appropriate for the City to v since it might skew a vote and force taxes on residents. Council Member sky bf lieved that Co il should vote on behalf of City properties. Council Mem H * d that he ' uncomfortable with voting on behalf of City property exp ed cdn s City would be imposing taxes on residents. He noted t o should vote vor of a project only when it is in the best interest of the c anxpressed support for the last alternative outlined in the staff report which allo Council to make a voting decision as early as possible. Mayor Selich a expreal support for the last alternative outlined in the staff report. It was the nsensus of Council to direct staff to proceed with the last alternative as outlined the staff report. )ildine believed that Council should vote yes on all Assessment Districts on City property- FU III. BLIC_ COMMENTS -None IV. ADJOURNMENT - 5:55 p.m. The agenda for the Study Session was posted on September 16, 2009 at 5:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 69 - Page 266 City of Newport Beach City Council Study Session September 22, 2009 Recording Secretary Volume 59 - Page 267 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 22, 2009 — 7:00 I. $T DDY SESSION - 4:00 p.m II. CLOSED SESSION - 5:35 p.m A. Conference with Legal Counsel - 54956.960): Thirteen matter(s): 1. Group Homes Matter§P011el litigation brought axnst th litigation and six ter u Department of Justice De as follows: matters all ari \beihe f the Group Homes ity, five cases state and federal r investigatio United States tment of Housrban Development a. Fi i ws in litigations follows: 1. Coed Citize -4's v. City of Newport Beach, U.S. Distri Case ) SACV 08- 00192 -JVS (RNBx) 2. be ivi ng By #f iie Sea v. City of Newport Beach, U.S. at Court Case No. SACV 08 -00200 JVS (RNBx) 3. Ckj of Newport Beach v. Morningside Recovery, Oraxe County Superior Court Case No.07CC11694 4, me Shores v. Newport Beach, U.S. District Court Case No. SACV 08.00457 AG (PLAx) Newport Coast Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx); and Six matters all arising out of the Group homes investigation brought against the City, as follows. 1. Pacific Shores v. Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09 -08- 0592 -8 2. Newport Coast Recovery v. City of Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0713 -8 3. 'Paul Murdoch v. City of Newport Beach; U.S. Dept. of Housing & Urban Development Investigation No. 09.09- 0831-8 Volume 69 - Page 268 City of Newport Beach City Council Minutes September 22, 2009 4. The Kramer Center v. City of Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0833-8 S. Oxford House v. City of Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0830-8 6. Yellowstone v. City of Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834.8 2. One Civil Code Enforcement Mat t6. . City of Newport Beach v. Leason, Orange County Superior Court Cei0.2008- 00102565; and 3. One Specialty Litieatio otter_ 1I v. City of Newport Beach, Orange County Superior t Case No. 30.20 00115375 III. RECESS IV. RECONVENED AT 7:00 V. ROLLCALL Present: Council Member Selich, Council N VI. CLOSED SESSION REP City Attome (City of £�vp VII. PLEDGE. reported !ach. v. h sky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Daigle authorized the filing of an appeal for Item I.a.3 Recovery). - Council Member Rosansky Our Lady Queen of Angels Church mgnf g Film Liaison Joseph Cleary - Mayor Selich read the ntie la ager Everroad provided a background of City film production. thanked Council and staff for their continued support. Council Member Gardner discussed the re- opening of the Friends of the Library Bookstore at the Central Library and the opening of the Performance and Fine Arts Center at Sage Hill School. Mayor Pro Tem Curry reported that a program will be starting next week to install seven yield signs on the Port Streets. He also reported that the Balboa Station Post Office, Balboa .Island Station Post Office, and- Bay Station Post Office will not be closing down, and Volume 59 - Page 269 City of Newport Beach City Council Minutes September 22, 2009 congratulated the Chamber of Commerce for another successful Taste of Newport event. City Manager Kiff reported that he will be providing a report on the City's fiscal situation given the economic downturn at the October 13 meeting. XIL CONSENT, CALENDAR A. READING OF MINUT�ORDINANCES AND RESOLUTIONS D. 1. MINUTES OF THE REGULAR M�TING AND ADJOURNED REGULAR MEETING OF SEPTEM 8, 2009. [100 -20091 Waive reading of subject minutes, approve ntten and order filed. [Council Member Rosansky abstained on t .' item] 2. READING OF ORDINANC D Zsideration, TIONS. Waive reading in full of all ordinances and rip utions un and direct City Clerk to read by title only, 3. CHANGES TO NBA ,e 11.08.010 (OBSTRUCTION ON PUBLIC BEACHES PROHIB D) AND NBMC 11.08.020 (USE OF CONCEAL NG UMBR AS PROHIBITED). [100 -2009] Adopt Ordinance 2009.18 am g Sections 11.08.010 and 11.08.020 of Chapter 11: of the Nd , ort Beach Municipal Code, to further regulate the ee o" coverin on ocean beaches, bay beaches, and tidelands. 4. M ORDINA ICI! PAMENDMI ITS TO CODIFY FILM LIAISON P ITION, RE E PERMITS FOR COMMERCIAL FILMING AT PR ATE RESI NTIAL PROPERTY, AND AMENDING APPEAL P VISIONS. [1 20091 Adopt Ordinance No. 2009 -19 updating C 6.46, regula g commercial film production. SION _ -HOUR PARSING LIMIT ON A PORTION OF SN HARBOR ROAD. 1100 -20091 Adopt Ordinance No. 2009 -20 ppro revisions to the Preferential Parking Zone "2" - Newport Heights 6. ST RECOVERY ORDINANCE - CHAPTER 3.86. [100 -20091 Adopt Fhe t Recovery Ordinance No. 2009 -21, amending Exhibit A to Chapter 3.36 Newport Beach Municipal Code. 8. v AFFORDABLE HOUSING AGREEMENT WITH SEAVIEW LUTHERAN PLAZA (C4382). [381100 -20091 a) Approve the affordable housing agreement, and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (10BA -011) transferring $135,000 from the Affordable In -Lieu Housing reserve account #010 -3619 to the Economic Development Other Miscellaneous Expenses account #2720- 8300, to provide funding for Seaview Lutheran to replace its water delivery system. Volume 59 - Page 270 City of Newport Beach City Council Minutes September 22, 2009 9. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS TO FINALIZE THE DREDGED MATERIAL PROGRAM FOR NEWPORT HARBOR (C- 4115). [381100 -20091 a) Approve Amendment No. 1 to Professional Services Agreement (PSA) with NewFields to finalize the dredged material program that is currently being conducted in Lower Newport Harbor; and b) approve a budget amendment (10BA -014) taking $75,000 in unappropriated Tidelands Fund balance and assigning these funds to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging Project). 11. 2008 -2009 CITYWIDE SLURRY Saki, - COMPLETION AND ACCEPTANCE (C4086). [38/100 -20 a) Accept the completed work; b) authorize the City Clerk to file a No ' of Completion; c) authorize the City Clerk to release the Labor and bond 35 days after the Notice of Completion has been recorded accords with applicable portions of the Civil Code; and d) release kh Faithful P " rmance Bond one year after Council acceptance. 12. CORONA DEL MAR;- LANDSC IMPROVEMENTS -AWARD OF CONPT- #1C(C4089). [38/100 -2009 pprove the project drawings and specifica#d€ins; b) award the contract (C -4089) . to Hondo Company Inc. for the tot2%� price of $113,330.00, and authorize the Mayor and the C* Clerk to exe$ute the contract; c) establish an amount of $11,333.00 r the cost oreseen work; and d) approve a budget amendment OB in the amaimt of $22,000 from the Citywide Median Maintenance unt 3•C20fit�8 to Account No. 7013- C2002027. 13. BDRAIN I PROME "_= OJECTS - COMPLETION AND EPTANCE 9). [38/10 0091 A) Accept the completed work; b) out prize the City erk to file a Notice of Completion; c) authorize the City Cle to release th Labor and Materials bond 35 days after the Notice of Cop�;� letion has been ecorded in accordance with applicable portions of the ,i�'�„ and d) re' ase the Faithful Performance Bond one year after 14. DITI TO ASSESSMENT DISTRICT BALLOTING IDELI S FOR PROPOSED NEW AND INCREASED SPECIAL SESSMENTS. [89/100 -2009) Adopt the Assessment District Balloting idelines as supplemented. ACCEPTANCE OF 2009 -2010 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY (OTS), DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT (AL1087). [100 -20091 a) Accept grant funding from the Office of Traffic Safety (OTS) in the amount of $192,000 to fund a Driving Under the Influence (DUI) Enforcement and Awareness Program (Grant No. AL1087); b) approve a budget amendment (10BA -015) in the amount of $192,000 for the Police Department Budget for Fiscal Year 2009/2010 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 Volume 59 - Page 271 City of Newport Beach City Council Minutes September 22, 2009 XIII. grant funds. Motion by. Mayor Pro_,Tg1p !Qgrry, sewn ed by ,..Council. Member Webb to approve the Consent Calendar, except for the items removed (7 and 10); and noting Council Member Rosansky's abstention to Item 1. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 7. ORDINANCE CLARIFYING T CI COUNCIL TERM LIMIT PROVISIONS OF THE CHARTEI F THE Y OF NEWPORT BEACH. (100 -20091 Lori Morris requested clarific on relat,IVe to term of office: Council Member Webb e Was - support for the ordina . Council Member Gardner requested that Council sit the issue of appointments at a future study session, ww'',, Motion y Mayor N - Curry' se ded bv Council Member Rosansk to introduce Ordinance o. adding %pter 1.32 of the Municipal Code, and pass to second reading Octobe 009. P. The mo a carried by th follo g roll ca te: Coun Member H ` , Council Member Rosansky, Mayor Pro Tem Curry, Mayo Selich, Coun Member Webb, Council Member Gardner, Council em r Daigle WP B1I CENTER PROJECT - APPROVAL OF T NO 3 T ROFESSIONAL SERVICES AGREEMENT WITH BO C NSKI JACKSON FOR IT SELECTION SERVICES (C4136). In respo a to Cour 61 questions, City Manager Kiff noted that the City Hall Project Design T m will be holding a public meeting on September 30 at 6:30 p.m. in the Council ambers, discussed future milestones for the project, and when cost data will be ailable. Cc ' Member Henn requested that a complete cost breakdown of the project be diet ibuted to Council well in advance of the November EIR approval action. Motion by Council Member Gardner, seconded by Council Member Webb to approve Amendment No. 3 to the Professional Services Agreement (PSA) with Bohlin Cywinski Jackson, of San Francisco, California, for IT selection services for the Newport Beach Civic Center at a not to exceed price of $5,780, and authorize the Mayor and City Clerk to execute the Amended Agreement. The motion carried by the following roll call vote: Volume 59 - Page 272 City of Newport Beach City Council Minutes September 22, 2009 )UV. K!7 Ayes: Council Member Henn, Mayor Selich, Council Member Daigle Council Member Rosansky, Mayor Pro Tem Curry, Member Webb, Council Member Gardner, Council ORAL REPQRTS.F..ROM CITY_CQUN _ CIL ON COIYIMITTEE ACTI_VITIES As a member of the Aviation Committee, Council Member Daigle reported on the Duke 1 Navigation System and indicated that the Airport Working Group (AWG) will be holding a meeting on October 7 at the Central Library. She also announced that the Santa Ana Heights Advisory Committee will be holding a Mesa- BircPark Dedication on September 28. s _s' Council Member Gardner reported that the reason n Wayne Airport (JWA) broke the noise restriction last week was due to a medical a neyllife flight. She stated that the Coastal/Bay Water Quality Committee will b comm ng that the City sign on to an interim agreement for the Poseidon Projects d reported , t the Environmental Quality Affairs Committee (EQAC) discussed placid restrictions on leWlowers. Council Member Henn reported„ (EDC) discussion regarding the Tr an last year's Film Festival, and note 29. He also reported that the July 4th for managing the crowds anwill be h Mayor Pro Tem Curry n that was donated by The PUBLIC HEARINGS 16. the THE TO Economic Committee's Of Synchronization Progi' provided statistics next years festival will be ld April 22 to April pittee is working on establishing long term goals next meeting on September 28. Orange ty Parks Commission and the property 8 -2009 COMMUNITY DEVELOPMENT BLOCK ANNUAL PERFORMANCE AND EVALUATION U.S. DEPARTMENT OF HOUSING AND URBAN De Santis reported on findings listed in the the public hearing. Hearing no testimony, he closed mncil Member Rosansky seconded by Mayor Pro Tem Curry to Draft Consolidated Annual Performance and Evaluation Report carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 17. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND REASONABLE ACCOMMODATIONS FOR YELLOWSTONE RECOVERY - 1621 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); 1561 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); 1671 Volume 59 - Page 273 City of Newport Beach City Council Minutes September 22, 2009 PEGASUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); AND 20172 REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) - (UP 2008-034) (RA 2009 -04) (PA2008 -105). 1100 -20091 Mayor Selich noted that the applicant requested that this item be continued to November 24. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion.by Council Member Rosansky, approve the item to be continued to the No The motion carried by the following roll Ayes: Council Member Henn, CouncI'. Mayor Selich, Council Member Member Daigle a" 18. AN APPEAL OF THE NII PERMIT FOR A FUL V-- DRINKING ESTABLISHMEN b T; PERMIT FOR PARKING WAI 3 AT 4525 WEST C HIGHWAY. Webb, by Mayor Pro Tem Curry to 2009 meeting date. Mayor Pro Tem Curry, tuber Gardner, Council COMMISSION'S NIAL OF A USE HIGH TURD EATING AND BEER AND WINE SERVICE AND USE HRONIC TACOS) FOR A PROPERTY Assistant Planner B "m d to the ff report to discuss the history of Chronic Tacos. He rep rted t xpansi has been redesigned to 840 square feet, the Alcohol Bevera Contro se as been removed from the request, there een operatio 1 ges in re "'' s to televisions and parking, and the hour top "'ation have ch d. el Biel " , Chronic Taco utilized an artist rendering to discuss parking, and repo d th .all three parkin studies were done during the summer, sales go down 0 -40" ,n„d w' r seasons, that an extension on hours of operation is eed nd there i for extra storage at the establishment. In response to cil ^' tions, Mr. Biello declined to comment on the Upland location due to pen g liti on, discussed cleaning up the Costa Mesa location to improve the compan reputa , and noted that more square footage and storage space is needed i rder to p vide better customer service . In reap se to Council questions, Chronic Taws Parking Consultant Linsenm yer noted that ten drive -thru spaces were excluded from the study, that a % ut' zation factor was used because the lot is off - street, and that a shared p _ analysis was not done. Council Member Rosansky applauded the success of Chronic Tacos; however, commented that the appearance of Chronic Tacos is not up to standard, that employees should be taking better care of the trash situation, and that he would like to see more effort in cleaning up the deteriorated look of the business before a parking waiver is considered. He also noted the need for landscaping in the shopping center. Council Member Henn requested explanation from the applicant regarding problems at his Costa Mesa location. In addition, Council Member Henn supported Council Volume 59 - Page 274 City of Newport Beach City Council Minutes September 22, 2009 Member Rosansky's comments and agreed that the applicant needed to prove he is a good operator with his actions, rather than his words. Mayor Selich expressed concern for the parking waiver and felt waiving additional parking would be inappropriate. Council Member Webb also expressed concern about the parking waiver and asked staff to look into striping the parking lot appropriately. Mayor Pro Tem Curry expressed concern over the establishment. A Council Member Gardner wondered if the ABC license request was removed ar Mayor Selich opened the public Jim Nehez, Newport Marina Vi# of trash created by the shopping Avenue. Drew Wetherholt applauded the concern relative to a parking is of the current perm tive to Council deny the app : . ;, George Schroeder study, noted that arrisdiscussed the andrash issues. noted that impacts due to the feelings have changed since of televisions was decreased. ern with the amount trucks park on River of the ABC license request, but expressed believed that Chronic Tacos is in violation nd the use of speakers, and requested that adIative o the parking issues and parking waived twice for other tenants, and current pe it are not being abided. activity at other Chronic Taco locations, parking observations and also expressed concern Joe di Nofcohol his meeting with Police Chief Luman, Planning Director Lepo, and Co cil er Henn, noted resident concerns associated with the over - concentr ion establishments, and discussed alcohol establishment further testimony, Mayor Selich closed the public hearing. r ember Daigle asked what the City can do to mitigate some of the existing s of the current business. Assistant City Manager Wood noted that staff will code compliance. Motion by Council Member Rosansky, seconded by-Council-Member Henn to adopt Resolution No. 2009 -66 denying the appeal and upholding and affirming the decision of the Planning Commission to disapprove Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020. The motion carried by the following roll call vote: Volume 59 - Page 275 City of Newport Beach City Council Minutes September 22, 2009 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XVI. P_ UBLIC COMMENTS - None XVII. PINING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR 17, 2009. 1100 -20091 Planning Director Lepo reported on the following Penning Commission items: Port Restaurant and Bar (PA2009 -080) - 440 Heliotr Avenue; and Goldring Residence (PA2009 -070) - 309 Lindo Avenue. XVIII. CONTINUED BUSINESS 99 20. REVISIONS TO CITY S WATER ,06NSERVATIft ORDINANCE. 1100 -20091 Utilities Director Murdoch reported thpi the water con%naecet'orry. ordinance has not been updated since the 199 'there ^'a water shortage need for requiring water reduction in case W' e'*dstructure failure is In response to Council questions, he clarified d water usage, exemptions fdr construction sites, exceptions to permanent restriction, water usage on boats, relief from compliance, Smart Timers, and JW there is no proam to assist homeowners with pool covers. Council Member en mmended' "_idingopportunities for further appeals (Page 13, Para aph F . Philip B . noourt requ ted catio arding Newport Coast customers who are s .. IRWD and er they will still be allowed to hard surface wash the commented o %irrigation, automated watering, and the ten minute \t� N rry eated that the City meet with representatives from Ne er to work out any inconsistencies. Due nges, staff will prepare a revised version of the ordinance for Counn at a future meeting. 21. `iPOI'TMENT TO THE BUILDING AND FIRE BOARD OF APPEALS. [100- City Clerk Brown read the ballot votes as follows: William Dildine (Henn) Stephen Sandland ( Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich) City Clerk Brown announced the appointment of Stephen Sandland to the Building and Fire Board of Appeals Committee. Volume 69 - Page 276 City of Newport Beach City Council Minutes September 22, 2009 22. 23. Council had a discussion relative to the term of office and residency policy to serve on the Building and Fire Board of Appeals. TASK FORCE ON CYCLING SAFETY. [100 -20091 Motion by Mayor Pr_o Tem_Curryysec_.onded by Council Member R_osanskv to a) adopt Resolution No. 2009 -67 relating to the Task Force on Cycling Safety;. and b) appoint Council Members Gardner and Webb to serve as the Council's representative on the Task Force, with Council Member Gardner as the designated Chairperson. i The motion carried by the following roll call Ayes: Council Member Rosansky, Member Webb, Council Mem Absent: Council Member Henn PROFESSIONAL SE ENVIRONMENTAL FOR EIR FOR MARINA PARK Public Works Director Badum that Assistant City Manager A Council Member H requested clarificatior expressed support foi requested her to move Tem Curry, Mayor Selich, Council ouncil Member Daigle AGREEME WITH SIRIUS iION OF A R RCULATED DRAFT (C-43 [100 -200 the staff report. City Manager Kiff noted be managing the project. for moving the project forward and pst of Phase 1 versus Phase 2. He also ig Wood to manage the project, and ra`p'idly as possible. gtr by l 3 ncil Me ebb seconded by Council Member Henn to re tha agreement Sirius Environmental to prepare the Re- circulated EIR Jkr a cost not to xceed $84,300.00, and authorize the Mayor and City to ex to the agreeme A. cA arried ing roll call vote: A t un ember Henn, Council Member Rosansky, Mayor Pro Tem Curry, or S&V Council Member Webb, Council Member Gardner, Council COUNC REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CI COUNCIL'S 2009 PRIORITIES. [100 -20091 ager Kiff provided a report regarding the Traffic Management Plan, the ec c design phase of the City Hall Project, parks and recreation facilities, the turf udy, Banning Ranch, and the Water Quality Management Plan. 25. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA) MID -YEAR BENEFIT ASSESSMENT LEVY INCREASE: RESOLUTION OF INTENTION TO RAISE THE ANNUAL BENEFIT ASSESSMENT LEVY AND FDUNG THE DATES OF THE PUBLIC MEETING AND THE PUBLIC HEARING. [100 -80091 Economic Development Administrator De Santis discussed the formula to achieve Volume 59 - Page 277 City of Newport Beach City Council Minutes September 22, 2009 the levy increase Motion by Counca.Member Rosansky, seconded by M-Uor Pro_Tem Curry to a) adopt Resolution of Intention No. 2009 -68 to increase the annual benefit assessment levy effective January 1, 2010; and b) set the public meeting for October 13, 2009 and the public hearing for November 10, 2009. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Gardner. CAncil Member Daigle Absent: Council Member Webb Je XX. MOTION. FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 9:53 p.m memor Gary DiSano. The agenda for the Regular Meetings p sted on Sept be 16, 2009 at 5:05 p.m. on the City Hall Bulletin Board, aeatec ' utside of the of Newport Beach Administration Building. Mayor Volume 59 - Page 278