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HomeMy WebLinkAbout01 - 10-27-2009 - MinutesAgenda Item No. 1 November 10, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session October 27, 2009 — 4:00 p.m. I. ROLL CALL Present: Council Member Henn, Mayor Pro Tem Daigle, May elich, il Member Gardner Excused: Council Member Rosansky, Council Member Web Council Member Rosansky arrived at 4:12 p.m d II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON T11 NT CALENDAR. In response to Council Member Henn's quest egarding Item 6 (McFadden Square Phase II), Public Works Director Badum indicated City Manager Kiff, Administrative Assistant Oborny, and he will o going program r risibility, Public Works will look into the best contracting " g metho 31L he engravin d the public will continue to be informed about the project an ho to co ' ues ons. Mayor Selich indicated that he w' .be re ating that a membership of the Task Force on Cycling Safety (Item 7) be furth a nded to include an additional Council Member, and that be plans point Council ber Daigle to the Task Force. 2. CIVIC CENT - UP ATE. Mayor Se %ooUJ?FQl§ffiftQR,9 li ted the timelines the Civic Center project and pointed out the importanc,_ ,' r y as i t relates to the scope and phasing of the project. aJandth f r ted that William Hahn and Robe rt Shafer of CW Driver are in ttendanexp in construction management, including estimating costs. He utilized int pre tation to highlight the site plan, City office building, parking structureee park areas, the library expansion and connection, the pedestrian bridges, dog park. He discussed possible surfaces for the dog park and other Found suryt He reviewed the spreadsheet and how contingency amounts change Cling oextent of the project. He stated that the annual impact will be discussed at next ting but, for today, Council will need to provide direction relative to poten sa value engineering savings, changing the scope, and phasing the project. In response to Council questions, Public Works Director Badum indicated that closing the Corona del Mar Plaza entrance is not part of this project. He also indicated that they are conducting research relative to how much green signal time will be added due to closing part of the crosswalk near the San Miguel pedestrian bridge.. City Manager Kiff reported that the Central Library has about 50 employees; however, 100 spaces will be reserved for library use in the parking structure. Regarding the library expansion, he noted that the idea came from the Board of Library Trustees and also arose due to the need for more space at the library. Mayor Selich noted that doing the expansion in conjunction with the Volume 59 - Page 292 City of Newport Beach City Council Study Session October 27, 2009 City Hall construction would be more cost effective. Robert Shafer, CW Driver, noted that many of the costs listed in assumptions, and that some of the contingencies can be controlled. the biggest cost surprises occur during excavation and that the construction moves forward. He also reported on areas that CW Dri the City money, such as reducing the amount of concrete and ste ' structure, and relative to dirt removal. He also explained how the c is installed and the maintenance involved with the system. With the concurrence of Council, Council Member Rosansk the central park in conjunction with City Hall, and n ai phased in. Mayor Pro Tem Curry added that the pr ' t also and needs to mitigate lighting impacts. a Discussion arose relative to financing $140 mild' City Manager Kiff indicated that there wile could go out to bid. However, he stated tk by design contingency will be minimal. M P money will come from debt proceeds and th Participation (COP) issue done in parallel wit there are opportunities to phase portions of the bidding environment due to lownterest rates. Council should be provided withG&&4UQn f Following discussion, it relocating the Emergency the spreadsheet are He pointed out that risk diminishes as ver was able to save 'used in the parking tovoltaic roof system ed the need to build portion of the park violate view planes n ifAhe project might 80 million. o gencies factored in the project time the project is actually bid, the Tem Curry indicated that not all the City will work to get the Certificates of ie construction process. He noted that p ' ct and that it is currently a good Co 1 Member Daigle indicated that for any hig ftptingency needs. was the nsensus to determine the feasibility of options to combine the Council architects to create drawings o eliminate it si certification "Silver" LE at, which feat to or subsidies phase and bid so� the avdffiftiate i 'the wetlands prior to Mal necessarily building envi was the itio Cente OC) to a basement of City Hall; look at C mb and the community room by directing the the one; possibly re- design the sail feature but not des selected by the committee; investigate LEED mities'.,without sacrificing long -term savings but retain Possibly bid the ED features separate so the City can determine dement; look into eiving grants, public funding, financial support, explore reducing park improvements; possibly to the north par dog park parcel and pedestrian bridge; determine t for the library expansion and connection; minimize the use of i explore value engineering savings; and simplify the bridges in :o lso requested to see how the community room would be used dec' ns. Mr. Shafer noted that phasing the project does not cost savings in the long run and concurred that this is the best for large projects in terms of cost, the economy, and interest rates. Vandersloo stated that he has retained a landscape firm and would like to make a pre tion the Building Committee relative to making the landscape plan more co nsis wi the General Plan by retaining more of the native habitat in the central park. H d that this would create a coat savings since lesa grading will be needed. He agreed wi simplifying the bridges and encouraged the City to uae a photovoltaigsystem. III. PUBLIC COMMENTS Jim Mosher provided a handout relative to unnecessary cell sites in residential areas, particularly on Private Road. He discussed his concerns and requested Council assistance. Council Member Gardner indicated that Mr. Mosher brought this to the Media and Communications Committee's attention and that the committee will be looking at procedure Volume 59 - Page 293 City of Newport Beach City Council Study Session October 27, 2009 changes relative to the placement of cell phone transmission facilities. She requested that staff come back with suggestions to help the Private Road residents with the impacts. Council Member Daigle stated that a T -Mobile government affairs executive indicated that he would work with the residents to try to make adjustments to address their concerns- IV. ADJOURNAKENT - 5:46 p.m The agenda for the Regular Meeting was posted on October 21, 20 , at 3:05 p.m on the City Hall Bulletin Board located outside of the City of Newpor each Administration Building. Volume 69 - Page 294 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 27, 2009 — 7:00 I. H. STUDY SESSION - 4:00 p.m CLOSED SESSION - 5:46 p.m 1. §54956.9(a)). matters: A. IBC Litigation Al against the City of 1. Newport Bean County Superior 2. 81 all n v. City of Irvine (1 Case No. 07CCO1264 of the IBC Litigation Street), Orange ITusl' u. City of Irvine {2851 Alton), Orange Court No. 070001265 v. Cj'jy of Irvine (HCG), Orange County u. City of Irvine (Accessory Retail Orange County Superior Court Case No. Five matters all arising out of the Group Homes the City, as follows: !rued Citizen's u. City of Newport Beach, U.S. District Case No. SACV 08- 00192 -JVS (RNBx) Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case No. SACV 08 -00200 JVS (RNBx) City of Newport Beach u. Morningside Recovery, Orange County Superior Court Case No.07CC11694 Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 5. Newport Coast Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) C. Group' Homes Matters:. Six matters all arising out of the Group Homes investigation brought against-the City, as follows: Volume 69 - Page 295 City of Newport Beach City Council Minutes October 27, 2009 III. W V. 1. Pacific Shores u. Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09.08. 0592.8 2. Newport Coast Recovery u. City of Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0713 -8 8. Paul Murdoch u. City of Newport Beach, U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0831 -8 4. The Kramer Center u. City of ewport Beach, U.S. Dept. of Housing & Urban Development esiigation No. 09 -09- 0833 -8 5. Oxford House u. City of art Beach, U.S. Dept. of Housing & Urban Development Inv iga No. 09- 09- 0830 -8 6. Yellowstone v. Ci of Newport ch, U.S. Dept. of Housing & Urban Developm Investigation No -09- 0834 -8 D. McCollum u. New t Bea , Orange County Su "or Court Case No. 30- 2009- 00309287. 2. Conference with Labor Neeoti ors (Government Code 654957.6): Agency Designat Cassidy, Human Re Employee Organiza Police Management Ass 3. Co ` ren with Real erty: 8 E. Balboa A rA _ City for Avery of Avery & Associates and Terri - Lif uard Management Association, rEmulovees Association Consideration of acquisition of property Present: GVncil Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Gardner, Council Member Daigle Excused: Council Member Webb Vl. CLOSED SESSION REPORT City Attorney Hunt reported that Council authorized outside counsel to defend litigation regarding McCollum u: Newport Beach. VII. PLEDGE OF ALLEGIANCE -Mayor Pro Tem Curry Volume 59 - Page 296 City of Newport Beach City Council Minutes October 27, 2009 VIII. INNYQCATION -Mr. Frank Carpenter 1X PRESE._.,, ATION Presentation from Goodwill Industries of Orange County for E -Waste Partnership - Goodwill Community Development Manager Doug Woolie presented Mayor Selich with a certificate of appreciation. X. NOTICE TO THE PUBLIC XI. CITYCOUNCIL ANNOUNCEMENTS OR MATTEAR ICH COUNCIL MEMBERS WOULD LIKE PLACED .ON,A FUTURE AGENDA DISCUS I ON, ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle noted the success of P is Safe ay and complimented the Public Safety Departments for a job well ne, discusse a ecological goals of the Southern California Water Committee, d that communit ember Monica Florian was honored at that meeting, and discu the eed for a Sacr nto -San Joaquin Delta solution. Council Member Rosansky noted that arrett- Jackson Auction Co pany will be coming to the Orange County Fairgrounds from a 25 -27, many hotels will be needed for this event, and this is an opport 'ty to work wit . e City of Costa Mesa. Mayor Pro Tem Curry con at- the Res ant Association for another successful Restaurant Week. XII. CONSE C NDAR A IN , F 1IZINUT INAN ES AND RESOLUTIONS UTES OF E REGULAR MEETING AND ADJOURNED R. AR MEETI G OF OCTOBER 13, 2009. Waive reading of subject as Men and order filed. 2. R ING OF ORDINANCES AND RESOLUTIONS. Waive reading in full o ordinances and resolutions under consideration, and direct City lerk to d by title only. AMENDMENT TO MUNICIPAL CODE CHAPTER 9.04.030, UBSECTION 307.4.2.1 (FIRE RING POLICY UPDATE). [100 -20091 Adopt Ordinance No. 2009 -23 amending Municipal Code Section 9.04.030, Subsection 307.4.21, to clarify the public use of fire rings at any beach, park, or other public place. C. CONTRACTS AND AGREEMENTS 4. AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS - AWARD OF CONTRACT (C- 3967). [381100- 2009[ a) Approve the project drawings; b) award contract (C -3967) to Tal Cal Engineering, Inc. for the total bid price of $197,565.60 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an Volume 59 - Page 297 City of Newport Beach City Council Minutes October 27 , 2009 amount of $20,000 to cover the cost of unforeseen work. City Manager Kiff noted that bids for the project came in 24% lower than engineer estimates. S. RHINE WHARF REPAIRS & PUBLIC DOCK - AWARD OF CONTRACT (C- 3821). [381100 -20091 a) Approve the project drawings and specifications; b) award contract (C -3821) to Associated Pacific Constructors, Inc. for the total bid price of $430,539.84 including the base bid price of $374,539.84, and an additive bid item 1 of 6,000, and authorize the Mayor and the City Clerk to execute the cunt t; and c) establish an amount of $64,580.00 (15 %) to cover the cost of oreseen work. City Manager Kiff noted that b' for project came in 25% lower than engineer estimates. 6. MCFADDEN SQUARE E II - AWAR F CONTRACT (C- 4365). [381100 -20091 a) Appr_ the ject drawings a ec� cations; b) declare the apparent low b' ubmi by C.A. Odell Con r as nonresponsive; c) declare the 2nd" 'submitted by EBS Con te, Inc. as the low responsive bid; d) awar -4365) to EBS Concrete, Inc. for the total bid price of $32,150.00 and au orize the Mayor and the City Clerk to execute the contra , d e) establish amount of $5,850.00 to cover the oust of unforeseen City Manager iff note bids he project came in 20% lower than engineer estima s. In except for the items removed (7 and 8). by the following roll call vote: jTg Council Member Rosansky, Mayor Pro Tem Curry, Selich, Cou Member Gardner, Council Member Daigle Member Webb Rt it THE CONSENT CALENDAR 'ITS TO THE TASK FORCE ON CYCLING SAFETY. [100-20091 ch recommended appointing Council Member Daigle to the Task Force, in the candidates listed in the staff report. Morn by Mayor Fro Tem Curry, seconded by Council Member Gardner to a) adopt amended Resolution No. 2009 -74, amending Resolution No. 2009 -67 regarding the membership of the Task Force on Cycling Safety; and b) confirm the Mayor's appointments to the Task Force on Cycling Safety - Council Member Daigle; Daniel Murphy (Balboa Peninsula or West Newport Beach Area); Francis (Frank) Peters (Corona del Mar Area); Jim Sweet (Newport Coast Area); and Sean Matsler, Tony Peteos, and John Tzinberg (At4arge Residents). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Volume 59 -Page 298 City of Newport Beach City Council Minutes October 27, 2009 F4—W XVIII. Mayor Selich, Council Member Gardner, Council Member Daigle Absent: Council Member Webb 8. REVISION TO COUNCIL POLICY A -6 (OPEN MEETING POLICIES) AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. 1100 -20091 In response to Council Member Gardner's question, City Manager Kiff explained that the Planning Commission Report will be plat d on the consent calendar and can be pulled in the event an oral report is needed;X, osansk to approve the revisions to Con olicy A -6. The motion carried by the following ro ll vote: Ayes: Council Member Henn, ncil Member Ros y, Mayor Pro Tem Curry, Mayor Selich, Council mber .ardner, Counci mber Daigle Absent: Council Member W I A As a member of the Citi , n's Aviation Njumittee, Council Member Daigle reported on RNAV Procedures, that th will be at thenext Citizen's Aviation Committee meeting on December 7, and that the Ci w roviding aat Sof all the different flight patterns for concerned residents. Council Member Gardner repor d on asta ater Quality Committee findings and the impoapart weepi n ucing bacteria m the water supply. Council eported new Harbor Cruising Guide produced by the Harbor Resource nd the H or Commission, and discussed presentations by the Orange Service Cen r and the One Stop Center. 11. PLANN IG COA*ISSION AGENDA FOR OCTOBER 22,2009.[100-20091 Plannui Manager Alford reported on the following Planning Commission items: North wport Center Planned Community Amendment (PA2009 -111) - Newport nter rive; ONG Parking Waiver (2009 -059) - 333 Old Newport Boulevard; and o al Residence (PA2007 -133) - 2333 Pacific Drive. 12. WATER CONSERVATION ORDINANCE. [100 -20091 Utilities Director Murdoch reported on changes to the amended ordinance in regards to water leaks, zoning irrigation, the appeal process, construction sites, and smart - controllers. Council Member Gardner requested and received clarification from Utilities Director Murdoch on the wording in Section 14.16.040 H and on approval systems in Section Volume 59 - Page 299 City of Newport Beach City Council Minutes October 27 , 2009 M1 13. S14. 9. M. Motion by Council Member Gardner,, seconded -by Council Member Daiglg to a) introduce Ordinance No. 2009 -24 amending Chapter 14.16 of the Newport Beach Municipal Code; and b) set a public hearing relative to the Ordinance for Tuesday, November 10, 2009, at which time additional public testimony will be taken and the Ordinance will be heard for a second time. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Membe &aansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Gard n ,Council Member Daigle Absent: Council Member Webb COUNCIL PRIORITIES STATUS R ORT. 20091 City Manager Kiff provided a 1f report to disc the following six Council priorities: adverse impacts of J Wa 'e Airport (JWA , rformance improvement and benchmarking, FY09 -1 edge he Facilities Repla ent Plan, the Group Homes Ordinance, and the a , in Lower Buck Gully. Assistant City Manager Wood orted on the Zoning Code update which is tentatively schedul or February 2 and the Inclusionary Housing Ordinance. Council Member the performance CODE her Citizen's Survey to assist with process. PROJECTS IN RESIDENTIAL Manager W* clarified a change in the code amendment language. the magnitude of the project being built next door MoPouncA Pr Tem Curry- seconded b Council Member Rosansk to conthe November 10, 2009 meeting. The y the following roll call vote: Ayembe r Henn, Council Member Rosansky, Mayor Pro Tem Curry, h, Council Member Gardner, Council Member Daigle 'Wbsber Webb APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT AND REASONABLE ACCOMMODATION - 1216 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVERY, LP) (PA200 8-104). [68/100 - 20091 Mayor Selich stated that the appellant withdrew the appeal, so . no action is necessary. City Attorney Hunt verified that the appeal was canceled and noted that Code Enforcement reported that the facility has been relocated to Costa Mesa. In Volume 59 - Page 300 City of Newport Beach City Council Minutes October 27, 2009 response to Council Member Henn's questions, he clarified that any rehabilitation center wanting to move to 1216 West Balboa would have to apply for a use permit or reasonable accommodation and that our Group Homes Ordinance prohibits location of new group homes in R -1 and R -2 Districts. lo. APPEAL OF HEARING OFFICER'S DENIAL OF REASONABLE ACCOMMODATION - d92 AND d92'% ORANGE AVENUE, 3309 CLAY STREET (PACIFIC SHORES PROPERTIES, LLC). [681100 -2009) City Attorney Hunt framed the issues for Coun, original application and advised Council on th report. He also discussed the fire code and no co to grant the reasonable accommodation�werl`oin Associate Planner Brown utilized locations, Pacific Shores Properti request for required to grant a reaso Is accommod determinations, and the am�e d re t for reap submitted on October 23. a Deputy City Attorney accommodations, the five recommendations, itic verifiable evidence s Chris Brancort, repre nt discuss facility locatio §, policy, nal surveys in r r to funding bo ekeepi unit, Calif !ling s tistics, Comm re po _„ He ther noted t (CDGB) Mayor City `in regards to changes to the options as outlined in the staff editions that would allow Council ntation to discuss facility accommodations, findings the Hearing Officer's accommodation that was discussed substantial evidence, reasonable application requests made by the appellant, ,exit door size and occupancy, and lack of ing Shores" perties, utilized a presentation to "sober ent requirements, their good neighbor dru se and h, government funding, past City goals bstance abuse treatment, the need for a single a landlord tenant law conflicts, enforcement issues, ty complaints, and observations relative to the staff ha his is an administrative proceeding and requested the to treated as a single housekeeping unit. In response I ied funding for housing elements and the 12 -12 -6 pr Wood discussed the Community Development Block Grant the consolidated plan. opened the public hearing. erman discussed citizen complaints and the over - concentration of group the Peninsula. She supported denying the request. Koller expressed her reasons for supporting the denial of the request. James Wilcox discussed his experience living at Pacific Shores and expressed his support for the facility. Lori Morris agreed that there is an over - concentration of group homes in the area and expressed support for denying the request. Larry Mather discussed evidence from neighbors and expressed support Volume 59 - Page 301 City of Newport Beach City Council Minutes October 27, 2009 for upholding the denial. David Obbage, Casa San Miguel and Casa Santa Rosa HOA Representative, discussed his opposition for the over - concentration of group homes in the area and expressed the opinion that Pacific Shores represents a pursuit of profit at the expense of the neighborhood. Laura Curran noted that financial viability has not been demonstrated. Kit Bobko, outside counsel, discussed statistics on -censed and unlicensed facilities in the County versus the City, the definitio of an appellant body, resident testimony about facilities, direct substantial vidence, the housing element, and reasonable accommodations. Hearing no further testimony, Ma Selic osed the public hearing. In response to Council Member enn's request clarification, City Attorney Hunt clarified that, based up the endment to application, Council can consider and conditionally ant a sonable accomm n for 12 residents in each Orange Avenue ad a six residents at the ay Street address, conditioned upon sufficient e ce of financial viability prove ed by Pacific Shores Properties, LLC within ten days a Council's decision. The financial information will be forwarded he City's Admi ' rative Services Department for analysis and the matter will b by the Hea Officer to determine whether financial viability exists. He so d that the her of occupants entitled to live on the premises is based o the a and ., t this will need to be identified, recommended against .aiving a de r uirements, and noted that Council's action a appeal is al an of subi negotiation. D ty Ci Attorney lcott requested and received clarification from Council five to pholding the 'al of the first four reasonable accommodation requests. Mot cil Mern Henn econded by Mayor Pro Tem Curry to :y side d co nt a reasonable accommodation for 12.residents in e ' Or Avenue a sa and six residents at the Clay Street address, con ned n sufficient evidence of financial viability provided by Pacific Shores Prope s, L within ten days of the Council's decision to the City's Admini ative .ces Department for analysis and determination by the Hearing Officer ` whether financial viability exists, determine the appropriate number of oecupan entitled to live on the premises based on the fire code, and not waive any fire cod equirements. ion carried by the following roll call vote: Aye Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Gardner, Council Member Daigle Absent: Council Member Webb City Attorney Hunt indicated that a resolution will be brought back at the next meeting to set forth the conditions. jCM MOTION FOR RECONSIDERATION -None Volume 59 - Page 302 i City of Newport Beach City Council Minutes October 27 , 2009 XX. ADJOURNMENT. 9:09 p.m. The agenda for the Regular Meeting was posted on October 21, 2009 at 3:05 p.m and the Supplemental Agenda for the Regular Meeting was posted on October 23, 2009 at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 303 Agenda Item No. 1 November 10, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session October 27, 2009 — 4:00 p.m. I. ROLL CALL [I. Present: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Co lamer Gardner Excused: Council Member Rosansky, Council Member Webb Council Member Rosansky arrived at 4:12 p.m. 1. CLARIFICATION OF ITEMS ON THE In response to Council Member I Phase II), City Manager KlfLji have overall grogram respoi reporting to the City. Manager Mayor Selich indicated the on Cycling Safety (Item 7) and that he plans to appoil 2. CIVIC CENTER Item 6 (McFadden Square e Assistans. Oborny Will, Works Director 4 eating that the membership of the Task Force added to include an additional Council Member, ber Daigle to the Task Force. Mayor Selich filu a timeline for the Civic Center project and pointed out the importance o n particularly as it relates to the scope and phasing of the project. City reported that William Hahn and Robert Shafer of CW Driver are in atte a experts in construction management, including estimating costs. He ido oint presentation to highlight the site plan, City office building, parking he three park areas, the library expansion and connection, the pedestrian and the dog park. He discussed possible surfaces for the dog park and other surfaces. He reviewed the spreadsheet and how contingency amounts change depending on the extent of the project. He stated that the annual impact will be discussed at the next meeting but, for today, Council will need to provide direction relative to potential savings, value engineering savings, changing the scope, and phasing the project. In response to Council questions, Public Works Director Badum indicated that closing the Corona del Mar Plaza entrance is not part of this project. He also indicated that they are conducting research relative to how much green signal time will be added due to closing part of the crosswalk near the San Miguel pedestrian bridge. City Manager Kiff reported that the Central Library has about 50 employees; however, 100 spaces will be reserved for library use in the parking structure. Regarding the library expansion, he noted that the idea came from the Board of Library Trustees and also arose due to the need for more space at the library. Mayor Selich noted that doing the expansion in conjunction with the Volume 59 - Page 292 City of Newport Beach City Council Minutes October 27, 2009 8. REVISION TO COUNCIL POLICY A-6 (OPEN MEETING POLICIES) AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. 1100 -80091 In response to Council Member Gardner's question, City Manager Kiff explained that the Planning Commission Report will be placed on the consent calendar and can be pulled in the event an oral report is needed. M2ti911 4X Council Member Gardner, seconded.- by CounaH Member Ro—sansky to approve the revisions to Council Policy A•6. The motion carried b the y following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Md�.P m Curry, Mayor Selich, Council Member Gardner, Council Member L14ipl Absent: Council Member Webb XIV• ORAL REPORTS FROp_CLTY_Wlj_NCIL_ON_00_. .- As a member of the Citizen's Aviation Committeti.`:Oouncil 'Member Daigle reported on RNAV Procedures, that the FAA will be at the next Citiz".'s Aviation Committee meeting on December 7, and that the City will be providing a chart ot44he different flight patterns for concerned residents. Council Member Gardner reported on Coss ater Quality Committee findings and the importance of street sweeping in reducing in the water supply. Council Member Henn repo iia.F" ms conaideA at the most recent Economic Development Committee Meeting, includnew Harbor Cruising Guide produced by the Harbor Resources Department and Commission, and-discussed presentations by the Orange County Business Se and the One Stop Center. Xv. PUBLIC .�4a 5 MO XVII. 1?j,AlfiVIN AGENDA AND ORAL STATUS REPORT 11. PLAN1jj KIMISSION AGENDA FOR OCTOBER 22,2009.1100-20091 Pl agar Alford reported on the following Planning Commission items: e Center Planned Community Amendment (PA2009 -111) •Newport rive; ONG Parking Waiver (2009.059) - 339 Old Newport Boulevard; and nigal Residence (PA2007 -133)_2 3 33 Pacific Drive. XVIII. BUSINESS WATER CONSERVATION ORDINANCE. 1100 -20091 Utilities Director Murdoch reported on changes to the amended ordinance in regards to water leaks, zoning irrigation, the appeal process, construction sites, and smart- controllers. Council Member Gardner requested and received clarification from Utilities Director Murdoch on the wording in Section 14.16.040 H and on approval systems in Section Volume 59 - Page 299