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HomeMy WebLinkAbout01 - Minutes - 6-10-2008Agenda Item No. June 24, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session June 10, 2008 — 3:30 p.m. I. ROLL CALL Present: Council Member Henn, Mayor Pro Tem Daigle, M Selich, uncil Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Rosansky II. CURRENT..BUSINESS 1. CLARIFICATION OF ITEMS ON THE,4NS. T CALENDAR. Council Member Webb indicated that he w pulling Item 8 (Restaurant Association Business Improvement District) tonight. In response to Council Me r Henn's questio elative to Item 24 (2008 -09 Appropriations Limit Hearing), tive Services for Danner reported that the amount of exclusions totals $3 mi 'on to Mayor Pro Tem Daigle requeste that m 20 d and Commission Scheduled Vacancies - Confirmation of Nomin s) amended so that Harbor Commission nominee Bill Avery is change . Brad Avery. Regarding Itetdl8 ( mmunity Yout Center), City Manager Bludau indicated that a needs asses ent wa sent to Mayor P Tem Daigle. He reported that, while the OASIS Senior Ce r is un er construction, community center will serve as a temporary location for S n . nMayem reported Item 14 (Integrated Regional Water Management Plan for ter ) and Item 15 (Water Management Plan for Newport Bay disc further at a future Study Session. Rosans y joined the meeting at 3:38 p.m. Pro Tem Daigle's question relative to Item 19 (Traffic Signal habilitation), ublic Works Director Badum highlighted the project and reported that L la closures may occur. Discussion also ensued relative to the aest s andieed to maintain the controller boxes at the current locations. 2. DEPARTMENT BUDGET OVERVIEW. Police Chief Klein discussed the citizens' desire to have increased Police visibility. He utilized a PowerPoint presentation to illustrate how the Police cars will be changed from all white vehicles to black and white vehicles. He reported that the black and white vehicles will start patrolling the streets after July 4. He discussed the four bids received to paint the current vehicles, and reported that new vehicles will be factory- ordered black and white and that Irvine and Laguna Beach are the only cities in the County that will Volume 58 — Page 602 City of Newport Beach Study Session June 10, 2008 still use white vehicles. Fire Chief Lewis read the mission statement, highlighted the department budget ($31.5 million), emphasized the importance of grants, provided a budget summary by division, discussed staffing, and reported on the department's revenue sources. He highlighted the challenges facing the department and successes the department has experienced. Regarding Station 7 and the training tower, he discussed how t tower has greatly assisted with safety personnel training and that other agencies rently use the tower only during multi - company drills. Council Member Henn requested information that increased almost $500,000. Regarding Council Member Curry's questions, the response times for the Crystal Cove area a Authority is suggesting that the City build a fire Assistant City Manager Wood reviewed improving permit services, including implementation. She indicated that the community for input. She also reviewe implemented. She reported that the strategic checklist ($15,000 for training d $90,000 for a i that the proposed workstation c can be done Nhahebudget has ncern about why County Fire nning Department strat 'ggic plan for Imes and costs involved for the to take the plan to the development vements that have already been would add $105,000 to the budget ermit Technician). She indicated ro budget amendments. In response to Council questions,ssistan er Wood discussed how developers can find out about the proposed st'gategic pl in i that the new Permit Technician would be for the Building Depart ent, Iamed the proposed duties of the new plan checker, and stated that Permits PI xiy need to be customized. City Manager Bludau indicated that thi was discuss ith the benchmarking consultants who indicated that it is cut ' ed . Building Di for Elbettar discussed the process for plans that need correct' a an reported that a Building Department can issue combination permits. Council Memb importance of increasing the building and planning fees to assist wi a proposed service improvements, and emphasized the need to focus o rvice benchmark the services provided. Planning Dir or Lepo viewed the department's core services and expenditures, explained why a Maint nce and Operations (M &O) account decreased from the previous year, blighted ongoing programs and future improvements, and discussed significant expe itures. Assistant City Manager Wood reported that a $50,000 request is n the checklist continue implementation of the Economic Development strategic plan. lso review d the unfunded strategic plan projects in Economic Development. Coun a er Henn requested that the Balboa Peninsula Plan Update be added to the budget c st. Building Director Elbettar displayed the Building Department's organizational chart and noted that, out of 33 full -time employees, the department currently has seven vacancies. He displayed the building regulations they follow and reviewed the allocation plan, division budgets, and staffing. He stated that, of the 400 applicants applying for the vacancies, only ten were qualified for Building Department positions. He reviewed the department's revenue sources and displayed a revenue chart and an annual construction valuation chart. He highlighted significant projects and displayed a breakdown of the Volume 58 - Page 503 City of Newport Beach Study Session June 10, 2008 III. number of projects by valuation. He discussed the service indicators, provided permit data, and displayed the turnaround time for first plan checks and a chart of how long the Building Department has custody of plans for various types of projects. He reported that they have implemented plan check service enhancements. In response to budgetary questions, Building Director Elbettar discussed what happens if a plan requires a third plan re- check. He reported that sala,714 and benefits have increased, but the FTEs have not because the budget reflectE a positions Council approved on December 11, 2007, and the salaries and benefits the new positions, and explained that the M &O account increased because of the orkload for overflow plan checks and because contract positions are also charged t account. Regarding the building fees, he explained that the fees are currently no m ve enough for qualified consultants to want to contract with the City. He add hat, with jeda becoming more involved and when valuation and fees are low, they 0e e consultants. General Services Director Harmon read the core services, budget by division, significaj noted that the City will realize a CR &R agreement is approved (Item 29), will be reduced by five positions. He poinu services through contracts. He explained t departmental costs. He also reviewed the s and the department's targets a allenges In response to Council question Ge reforestation budget provides for e He indicated that he will determin a but believed that it is probably due Public Works D' Badum read reported that e d artment has reorganizati . He ' blighted the d change. H plays a list of the pre that the nrim go war. m' ion statement an ighted the en urea by division, and ffing. He budget decrease next year if the will also mean that department staffing that the department provides 38% of its I pri a ces is one reason for the increased cted for the benchmarking process, ' Harmon confirmed that the trees instead of 24 -inch trees. increase in part-time positions, for more summer help. department's revised mission statement. He same number of employees, even with the mental budget and explained the 4.57% budget completed in fiscal year 2007 -2008 and reported 2009 are in balance with the Council priorities. In a to bu ary questions, Public Works Director Badum discussed the value of on o ouse or on -call consultant project managers. He added that this so gives th partm the option to cut back on consultants depending on budgetary constraints. ther, th charge the consultants' time to the appropriate capital projects. He de ibed the ypea of projects that will be handled in- house. He discussed the surveying sue and indicated that monumentation is being added to capital improvement a paving projects. He indicated that he is not aware of any problems at ihnrecliffs but look into it. Greg Schwenk di sled the benefits the Newport Beach Film Festival has on the City's revenue. He reported that exit year will be the Festival's 10th anniversary and they will probably hold the Festival in May. [Note: Public Comments was initially taken out of order, but the public was given the opportunity to speak following the budget overview] Sherry Drury, President of the Restaurant Association Business that Council consider the Restaurant Association's budgetary would like to hold two Restaurant Weeks next fiscal year. Volume 58 - Page 504 Improvement District, requested proposal and reported that they City of Newport Beach Study Session June 10, 2008 IV. ADJOURNMENT - 5:17 p.m. The agenda for the Study Session was posted on June 4, 2008, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 58 - Page 505 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 10, 2008 — 7:00 p.m, I. STUDY SESSION - 3:30 p.m. H. CLOSED "SESSION - 5:17 p.m. III. RECESS IV. RECONVENED AT_7 :00 P.M. 1 V. ROLL CALL Present: Council Member Henn, Council Council Member Webb, Council VI. CLOSED City Attorney Clauson reported meeting. VII. VIII. INVO CATI'- Mr. ., Ix PRESENTATSapNeIt1NS the chorus Rosansky, Mayor Pro Tin Daigle, Mayor Selich, Curry, Council Member Gardner into Closed Session at the end of the can Boys Chorus - Thomas Sweeney introduced and to them singing the National Anthem. Citizen of the Ye Proclamation for Lula Halfacre - Richard Luhrs, President of the Newport ach Chamber of mmerce lgntroduced Lula Halfacre, and Mayor Selich read the proclamation a resented it to h Prese tion by erican Cancer Society Relay for Life Event Chair Krisztina Scheeff - Krisztina eeff nked and applauded the Mayor, Council and City staff for their contribution of $33,000 and to hat firefighter Brian McDonough walked 24 hours in his full turnout. Mayor Selich thanke Hackman for all of her work with the Council Critters team. Annual Youth Council Report - Recreation Supervisor Valdez introduced Ruben Dajee, Vice President of, the Youth Council. He presented a PowerPoint to show the accomplishments of. the Youth Council. Council Member Rosansky commended them and encouraged parents to have their child participate in the program. Mayor Selich congratulated them for showing interest in local government. Council Member Curry encouraged residents to watch replays of the Youth Government Day. July Smart Irrigation Month Proclamation - Mayor Selich read the proclamation and presented it to Code Enforcement Officer Burckle. Code Enforcement Officer Burckle reminded residents to Volume 58 - Page 506 City of Newport Beach City Council Minutes June 10, 2008 adjust sprinklers, adjust the time of day that. water is being applied for landscaping, and to repair broken irrigation and misguided sprinkler heads. Code Enforcement Officer Burckle stated that the best time to water the lawn is before 8:00 a.m. and after 7:00 p.m. X- NOTICE-TO _THEPUBLIC XI. CITY_, COUNCIL. ANNOUNCEMENTS OR._MATTERS._WHICH COUNCI.L_.MEMBERS WOULD.., LIHE_. PLACED ON A ._FUTURE .AGENDA FOR. DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM - Council Member Henn announced that the Balboa Theater WI be having a Rocky Horror Picture Show fundraiser dinner on Friday, June 13. Tickets are $leer person. Council Member Rosansky announced that he at ded a Conference and Visitors Bureau dinner and also attended the Sumo Wrestling Tour f ent to s ort Kotomtsuki. Mayor Pro Tem Daigle announced that she wn}l be attending the Mi' ` an event, a contributor to the Back Bay Science Center, which will feature a t chin: lab so c en can learn about water quality. �..: Council Member Gardner announced that — and Mayor Selich attended the Corona del Mar Middle School good citizenship awards ceremony, Ni- Council Member Curry announ)e Newport or Elks Lodge will have their annual Flag Day ceremony on Saturday, June +4 at fi 00 p.m on t front lawn of City Hall. ''it Council Member Webb shared an eiperienc wh n #system in another state and explained that sirens are an " t nce if you ar$ outdoors. He su ested that the City look into a 911 system that will call relents 4 notify them "- -e reason for the siren. Mayor Selich"AIRPuncei that Speak Up `Newport will have a meeting on Wednesday, June 11, from 5:00 to 7:00 p.m. Jhei# RWrt Beach Yicht Club and will feature speaker Allen H. Dyer. XII. C E A READI _ F MI TES/ORDINAN ES AND RESOLUTIONS_ 1. RTES OIL THE SPECIAL MEETING AND REGULAR MEETING .OF 27, 2008. [100.80081 Waive reading of subject minutes, approve as written der filed. 2, RE ING OF ORDINANCES AND RESOLUTIONS. [100.80081 Waive reading i of all ordinances and resolutions under consideration, and direct City Clerk to ad by title only. B. RESOLUTIONS FOR ADOPTION 8. BAY BURGER RESOLUTION - 600 BAY AVENUE E #A -7 - USE PERMIT NO. 2007 -027 (PA2007 -219). [100 -8008] Adopt Resolution No. 2008 -43 with findings and conditions of approval for Use Permit No. 2007 -021. 4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, Volume 58 - Page 507 City of Newport Beach City Council Minutes June 10, 2008 BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. (100 -2008] Adopt Resolution No. 2008.44. 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: 2007 -2008 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2008 -2009. (100 -2008] a) Approve the Corona del Mar Business Improvement District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of Intention No. 2008 -45 to levy assessments and set the public hearing for June 24, 2008. , 6. BALBOA VILLAGE BUSINESS IM OVEMENT DISTRICT RENEWAL: p l hearing 7. MARINE AVENUE )SINES§ IMPROVEMENT�ISTRICT RENEWAL: ANNUAL REPORT FO4 1?tSCAL YEAR 2007 200 ND ADOPTION OF RESOLUTION OF INTL�1sITION TO LEVY FOR FISCAL YEAR 2008- 2009. (100 -200 a) Approve 14e. Marine Avenue Business Improvement District Year 2007 -200 nual Report; alb) adopt Resolution of Intention No. 2008 -47 levy assessmen the public ANNUAL REPORT FOR FISCAL 2007 -2008 AND ADOPTION OF RESOLUTION OF INTENTIO O - VY FOR FISCAL YEAR 2008- 2009. (100 -2008] a) Approve t11e oleos V` Business Improvement District 2007 -2008 Annual Report; and;fi) adopt Resoluti of Intention No. 2008 -46 to levy assessments and set the ub is hear' for June 24 8. C. ORDINANCE FOR D. CONTRACT,B.AND ring for June 24, 2008. 11. = °APPROVAL OF N -CALL PROFESSIONAL SERVICES AGREEMENT FOR 'ROJECT AGEMENT, CONSTRUCTION ADMINISTRATION, °AND CIVIL ENGIEERING DESIGN SERVICES WITH GABLE IN (C-4055).1381100-20081 Approve an On -Call 'onal Seeement with Gable Engineering, Inc. for project nag nt, construction administration, and civil engineering design services and a orize Mayor and the City Clerk to execute the Agreement. 12. SU RIOR AVENUE REHABILITATION - COMPLETION AND AC PTANC OF CONTRACT (C- 3869). (381100 -2008] a) Accept the com eted contract work; b) authorize the City Clerk to file a Notice of Completion; c) a horize the City Clerk to release the Labor and Materials bond 35 days a the Notice of Completion has. been recorded with applicable portions of the C' Code; and d) release the Faithful Performance Bond one (1) year after Council 14. INTEGRATED REGIONAL WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DUDEK (C-4004).1381100-20081 a) Approve an Amendment to the Professional Services Agreement with Dudek of Irvine for professional services at a not to exceed price of $67,810 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -077) transferring $67,810 from Account No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014- CO310929 (Harbor Area Volume 58 - Page 508 City of Newport Beach City Council Minutes June 10, 2008 Management Plan) 15. WATER MANAGEMENT PLAN FOR NEWPORT BAY WATERSHED - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH KRISTA SLONIOWSKI OF CONNECTIVE ISSUES (C- 8924). [381100 -20081 a) Approve Amendment No. 2 to the Professional Services Agreement with Connective Issues (Krista Sloniowski) of Los Angeles for professional services at a not to exceed price of $12,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -079), transferring $12,000 from Account No. 7014- C5002000 Newport Coast Runoff Redtion Program to Account No. 7014 - 00310929 (Harbor Area Management Plan). 16. 38TH STREET TIDAL STRUCTUR E VALVE - AWARD OF CONTRACT (C- 3954). [381100 -20081 a) Approv e p ct plans and specifications; b) award the contract to GCI Constructio , , Inc. for total bid price of $92,800 and authorize the Mayor and the Cog Clerk to exec ",the contract; and c) establish an amount of $9,200 to cover the -cost of- unforeseen wo 17- APPROVAL OF AME MENDS TO ON -CALL PR`'USSIONAL SERVICES AGREEMENTS AND F' ON -CALL PROFE IONAL SERVICES AGREEMENT FOR LA CAPE DESIGN SERVIC S (C- 3854)- [38/100- 20081 a) Approve Amendmenf %o. 1 with TCLA, Inc. for on -call landscape design services and a ze the Mayor'1 the City Clerk to execute the Amendment; b) approve Amend 1 with Davi{ Volz Landscape Design for on -call landscape design services d a ze the or and the City Clerk to execute the Amendment; and ) approve On -Ca rofessional Services Agreement with David A. Pederson r land "e services and authorize the Mayor and the CiM.- erk to execute he eement. 18. . r COMMUNITY YO CENTER - APPROVAL OF PROFESSIONAL ERVICES AGREE ENT WITH DOUGHERTY & DOUGHERTY CH ECTS, LLP. -4057) [38/100 -20081 Approve a Professional Services p.. Agi men _ ou he & Dougherty Architects, LLP, of Costa Mesa for design _end 6*truction f its at a contract price of $83,300 and for bid support and `t struc6, administration at an hourly fee not to exceed $24, 100 for a total not to ex ed col ct price of $107,400, and authorize the Mayor and the City Clerk to exe to the Aement. 19. FIS YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT - AW D OF CONTRACT (C- 3932). [381100 -20081 a) Approve the project plans V and pecifications; b) award the contract to Pouk & Steinle, Inc. for the total bid pri ,including Additive Bid Item -1 of $326,940, and authorize the Mayor and the Clerk to execute the contract; and c) establish an amount of $33,000 to cover e cost of unforeseen work. E. MISCELLANEOUS 20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF. NOMINEES. [241100 -20081 Confirm the nominations made by the Ad Hoc. Appointments Committee (as listed in staff report); and change Bill Avery to Brad Avery. 21. TRANSFER OF FUNDS FOR THE NEWPORT COAST COMMUNITY Volume 58 - Page 509 City of Newport Beach City Council Minutes June 10, 2008 )[III. CENTER (NCCC) SOUND, LIGHTING AND VIDEO ENHANCEMENTS. 1100-20081 Approve a budget amendment (08BA -080) which transfers $100,350 from 2007 -08 FY park project surplus funds to a capital outlay account for the purchase of lighting, video and audio equipment at the Newport Coast Community Center. 532. RESOLUTION ESTABLISHING A CITY COUNCIL AD HOC COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE DUTIES, THE SALARY AND THE PROCESS FOR FILLING THE NEWPORT BEACH CITY CLERK POSITION. 1241100-20081 Adopt YAolution No. 2008 -50 creating the City Clerk Ad Hoc Recruitment Committee d approve the Mayor's appointment of Council Members Henn (Chair), Curry Gardner to the committee. 533. CITY COUNCIL APPROVAL CITY ATTORNEY AND RES AD HOC COMMITTEE TO M DUTIES, THE SALARY ATTORNEY POSITIONL "iI124 agreement with the Citti' ttorn City Attorney Ad Hoc Recr+" the City Council's thinking 0- Council Members Webb (Chair), Motion by Mayor Pro Tem D (8,9,10,13 & 22); and noting the The motion carried by the following �pll call 0 OF E MENT AGREEMENT WITH THE TION E LISHING A CITY COUNCIL kKE RECOM ATIONS REGARDING THE 3 THE PROCES OR FILLING THE CITY �881i00 -20081 a) App the proposed retirement and b) adopt Resoluti o. 2008 -51 creating the nt Committee, making anyhanges to better reflect his issue and approve the Mayor's appointment of Rosansky and Daigle to the committee. the Consent Calendar except for the items removed Item 2d Brad Avery. Ayes: Council Mgin"ber"!Henn, Councl mber Rosansky, Mayor Pro Tem Daigle, Mayor Selich, unc Council ACmber Webb, Coil ffimber Curry, Council Member Gardner 8. URt7T ASS BUSINESS IMPROVEMENT DISTRICT RENEWAL: AN REF;QRT FO ISCAL YEAR 2007 -2008 AND ADOPTION OF RESOL ON INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR OF JULY 1, 2 B TO JENE 30, 2009. 1100 -20081 Council Meier Webb expressed concern about the increase of funds requested by the Restaurant sociation to cover costs for a second Restaurant Week. on b Council Member Webb to a) approve the Restaurant Association Imp em t District Fiscal Year 2007 -2008 Annual Report; and b) adopt Resolution of Intent o. 2008 -48 to levy assessments and set the public hearing for June 24, 2008. In response to Council's questions, Assistant City Manager Wood clarified that the budget issues will be heard at a later date, there is no commitment from Council to provide any funding, the resolution gives the City the ability to assess the restaurateurs, and there will be a separate public hearing for the budget to be discussed. Jim Walker, Bungalow Restaurant, stated that the Restaurant Association sales tax revenues have been doubled.. He stated that the problem that the association faces is that they are trying to market all the restaurants in Newport Beach collectively. He noted that the first Restaurant Week generated approximately $50,000 of revenue back to the City and, Volume 58 - Page 610 City of Newport Beach City Council Minutes June 10, 2008 if the amount needed is assessed, some restaurants will not participate. Sherry Drury, Restaurant Association President, stated that Restaurant Week benefits other businesses by bringing people into the area. Terry Civello, Blue Coral Restaurant, stated that she appreciates the support from the City and would like to see Restaurant Week continue. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Ros y, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Mem Curry, Council Member Gardner 9. AMENDMENTS TO CITY COUNCIL PO ECONOMIC DEVELOPMENT (K- 10) AND RESOLUTION ESTABLIS NG T ECONOMIC DEVELOPMENT COMMITTEE. [100 -20081 In response to Council Member Gard tier's question, Y' Mayor ity Manager Wood clarified that the amendments are to t City C�incil Policy and no Economic Development ,. Committee Policy. Motion. by_ Council _Member, Gardnir,to a) adopt the proposed amendment to the Council Policy on Economic De lopment (provided as Attachment 1); and b) adopt Resolution No. 2008 -49 revising them hip o ft e Economic Development Committee (Attachment 2). The motion carried by the ca vote, Ayes: Council Member Hen, Council Me osansky, Mayor Pro Tem Daigle, Mayor Selig li"ouncil Membe Weblif' Council P a her Curry, Council Member Gardner 10. COS ' ECOVERY ORDIN . CE (CHAPTER 3.36) - FEE RESOLUTION & MASTER FE HEDULE [100 -20081 4 11 u� Pon s�i ky� to ember ansky's question, Council Member Curry stated that he d toyve the or tIAe and resolution presented at the same time and that the item co be brht back to Council at the June 24 meeting. Motion by ouncil ember Rosanskv to continue the item to June 24, 2008. The motion c ried by the following roll call vote: n es: Counc' Member Hen, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selic Council Member Webb, .Council Member Curry, Council Member Gardner 13. UPP AY AND HARBOR AREA MANAGEMENT PLAN (HAM) - AMENDMENT NO. 2 O PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES FOR PROJECT MANAGEMENT (C-3832).[38/100-20081 Mayor Pro Tem Daigle described a consultant list that she suggested be generated of consultant that work on harbor issues. Motion by Mayor Pro Tem Daigle to a) approve Amendment No. 2 to the Professional Services Agreement with Larry Paul and Associates of Newport Beach to provide project management services for the Harbor Area Management Plan and coordinate integration efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to Volume 58 - Page 511 City of Newport Beach City Council Minutes June 10, 2008 exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -078) transferring $25,000 from Account No. 7014- C5002000 Newport Coast Runoff Reduction Program to Account No. 7014- C0310929 (Harbor Area Management Plan); The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb,.Council Member Curry, Council Member Gardner 22. LEGISLATIVE UPDATE - GROUP RESIDENTIAI40MILLS. [100 -20081 Laura Curran expressed concern about the re on of the group homes and stated that the Health and Safety Code eliminates the !;� b_ility to regulate zoning. She urged Council to advocate for the adoption of thei�tegral ty definition through judicial and legislative means. She believed that theCity should en with leaders at the County and State level and incorporate the residents into the advocacy Daniel Weldon, Concerned Citizs of Newport Beach, noted t they have attempted to settle their disputes with tF& it} '°and suggested that cil work to reduce overconcentration, reduce the numb er"E beds, and not have group homes close to schools. City Attorney Clawson d that the City will not comment on the negotiations until there is a final agreement, th s involved in- mediation process, and as a condition all parties can't disclose any ifor _at this tip;, Denys Oberman stated that" here is e I level to pursue the remedies of the Concerned Citizens of Newuok Beams: to receive and file the report. The morn carxied by the followik roll call vote: ounc Y em e cil Member Rosansky, Mayor Pro Tem Daigle, Mayor h, aril Member bb,'Council Member Curry, Council Member Gardner XIV.<ORAL REP RT OM COUNCI_LON COMMITTEE ACTIVITIES cil Member Ros sky repo d that the 4th of July Safety Committee met on Monday to discuss ho preparations. He noted that Balboa Boulevard will be closed from Pacific Coast Highway to 32nd et from Fri y at 10:30 a.m. to Saturday at 1 :00 a.m. Mayor Pro D Is stated that the Media and Communications Committee is working to revise the Communi Policy. Council Member Curry stated that the Finance Committee met with employees from Library Services and the Public Works Department to discuss the benchmarking process. XV. PUBLIC HEARINGS 23. FISCAL YEAR 2008 -09 PROPOSED BUDGET HEARING. [100 -20081 Administrative Services Director Danner reported that a budget checklist will be prepared for City Council review. Volume 58 - Page 512 City of Newport Beach City Council Minutes June 10, 2008 Council Member Gardner requested to add $100,000 to match funds from the Corona del Mar Business Improvement District to begin phase two of the vision beautification project. Council Member Webb suggested that the Restaurant Association Business Improvement District's funding be reduced to $50,000 and asked that they match the funding. Council Member Henn suggested that the Restaurant Association be increased by $75,000. Council Member Rosansky asked that the artificial turf for Bonita Creek Park be added to the checklist. Mayor Pro Tem Daigle suggested that Council lookbr ways to fund the dredging project and stated that a potential project is to add landsca o g the dirt shoulder of Bristol Avenue. op Mayor Selich opened the public hearing, Heikring no tes1kony, he closed the public hearing. Motion-by Council Member Rosa y to.prepare a "che t" of proposed changes to the proposed budget that will be revir -A by thi City Council at , meeting of June 24, 2008, and direct the preparation of t.' budgeAP' resolution for adoption"M' the Council Meeting of June 24, 2008, including any "chec items that are recommende for approval. The motion carried by the following r�eall vote: Ayes: Council Member ouncil Memr Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Meer ouncil Member Curry, Council Member Gardner 24. 2008 -09 APPROPRIATIO LIMIT _ G. f300 -20081 Mayor S., owned the pub ring, Hearing -no testimony, he closed the public hearing. Moti " by Council Memb_e os ..r ansky to adopt Resolution No. 2008 -50 approving the City s A` ropntttion (Gann) Lim for the 2008 -09 fiscal year in the amount of $139,044,407. tion` � ed b' roll call vote: "'. #gym Ayes: Co il M*ber Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Seli Co un' ember Webb, Council Member Curry, Council Member Gardner PAVILION' : WINE TING APPEAL - 21181 NEWPORT COAST DRIVE -USE PERMIT N . 2007 -029 (PA2007 -243) TO ADD A WINE AND BEER TASTING OUNTER THIN AN EXISTING PAVILION'S GROCERY STORE. [100 -20081 Ma —, Seli opened the public hearing, Hearing no testimony, he closed the public hearing. Moti_'o _ Council Member Rosansky to continue public hearing to July 22, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 26. APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING A 24 -UNIT CONDOMINIUM SUBDIVISION - SEASHORE VILLAGE RESIDENTIAL DEVELOPMENT (PA2007 -100) - 5515 RIVER AVENUE - MITIGATED NEGATIVE Volume 58 - Page 513 City of Newport Beach City Council Minutes June 10, 2008 EM F1 iI DECLARATION; TENTATIVE TRACT MAP NO. 2007 -001; MODIFICATION PERMIT NO. 2007 -044; USE PERMIT NO. 2007 -011; AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2007 -001. [100 -20081 Associate Planner Murillo reported that the appellant requested that Council reconsider and reverse the action to adopt the Mitigated Negative Declaration (MND) and the action to approve the project. Mayor Selich opened the public hearing. Lennie DeCaro dismissed her request for the continuaAbe. Mayor Selich closed the public hearing. Motion by__Council Member_.Rosansk adopt solution No. 2008 -51" adopting the Mitigated Negative Declaration (Sch. N 008021075) approving Tentative Tract Map No. 2007 -001, Modification Permit N007 -044, Use P it No. 2007 -011 and Coastal Residential Development Permit o. 2001 -001, subject �iindings and conditions of approval. Council Member Rosansky expre support for the project and stated that it is a significant reduction in units and an i ase in the number of off - street parking. The motion carried by t ...._... owing roll calf te: Ayes: Council Member Hun, Memberosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Membii°r Curry, Council Member Gardner PUB..LIC C.O_._MM. -None PLANNINGChMMISfiION AGE AND ORAL STATUS REPORT 27. PLANNING COMMISSION A NDA FOR JUNE 5, 2008. [100-2008] MASISDirior Lep� the following items: Fury Rok & Roll Sushi (PA2005- (i�",1ia2002 167) Dousing Element ((PA2008 -078); Panini (PA2007 -063); and S _ _ r Center (PA2008 -109). 28. SUNSET RI�GE PARK PROPOSED CONCEPT PT AN: [100 -2008] Uft nd Senior Services Director Morgan reported that the Concept Plan has rem d e to the General Plan and staff took into consideration the issues raised by the reside a stated that residents have requested that the active park, restroom, and tot lot be f her from the residents and the backstop be reduced. He stated that they might use mobile /portable backstops and outfield fences to try to reduce impacts and proposed a buffer zone. He noted that they are working on security issues and wish to move forward. Rick Vanderwood, EPT Design, utilized a PowerPoint presentation to show the previous design, new site design, and features. In response to Council questions, Mr. Vanderwood stated that the berm/buffer zone will be heavily planted, made of serpentine, and be four to six feet high. Recreation and Senior Services Director Morgan stated that they will also look into including a bike trail and a Volume 58 - Page 514 City of Newport Beach City Council Minutes June 10, 2008 fitness circuit system. Katherine White expressed concern relative to road access from Banning Ranch, traffic, the number of lights, congestion, break -ins, toxic materials, and transients. She believed that the budget for this project should include road and toxic clean -up. Matt Irwin believed that the lookout point is not in the right area and that the bay views will be obstructed. He stated that, if land from the park is taken away, it makes the park less valuable_ Byron Dearicle, representative for Soccer Families r Newport Fields, complimented the recreation staff for their outreach efforts, believed at the General Plan was respected, and appreciated the active use in the space. Waldemar Moosman believed that the Pa Beaches d Recreation Committee refused to consider alternatives to the General_.?'Plan and s d that the citizens voted for balancing the needs of the City and. healthy natural e N nt. He stated that the sports fields will destroy the natural elemeXf$ and cause exise, and that there was no due process. Gary Wright, Board Member AYS, supported the sports park and stated that it will serve the youths of the community. Stan Rosenthal behev .mm beach go s} ;. g ill use the parking lot and there will be inadequate parking for p g park °tai . He requed that the buffer zone be leveled so that Newport Crest residents Al h ew. Fred Cornwall, commended 4A o eir dill pursuit of getting opinions and mitigating 1 the resido concerns. He hik d that parking will not be an issue and noted that there are nq,orts pks in the area " Jeff Bien, Re' onaI Commissiolker of AYSO 97, stated that he is satisfied and appreciated the progcP_lained thllreason for needing for the portable fencing and how �= ds w allocag ' aseball and soccer. .. _ Jenny L ardilieved that the buffer zone is a bad idea because it will give park patrons access to t resi&' s and that there has been no compromise from the City regarding the design. She iscussed'; Newport Crest survey. Kristine Ada s believed that there are too many elements in a small space. Caras xpressed concern about the roadway going through Banning Ranch and req ted sclosures of any deals with them regarding the area. He also expressed concern about g a park at one of the most dangerous intersections of Newport Beach. Mike Smith expressed gratitude for having a sports park in the area. Lantz Bell, Board Member Newport Harbor Baseball, stated that the park is needed because the 13 to 14 year olds are playing in Costa Mesa. He noted that he is also concerned about safety and parking issues. Mark Gonzalez asked Council to consider a compromise of removing one of the activities. Oliver Fleener stated that there are no more vacant lots due to the population growth and a Volume 58 - Page 515 City of Newport Beach City Council Minutes June 10, 2008 sports park is needed in the community. Craig Farmer expressed support for the park and believed that children in the community would like to be involved with other sports besides beach activities. Council Member Rosansky stated that he advocated for the park and the General Plan designated the park to be active. He commended staff for trying to accommodate the needs of the Newport Crest residents and reminded residents that the park needs to accommodate the needs of all the residents of Newport Beach. Motion,by._C.o.uncil Member-Rosansky to a) Concept Plan; and b) direct staff to contact the i suggest that they appoint a member(s) to official In response to Council Member Gardner's Morgan stated that they are working ono the parking lot. Council Member Webb stated thati of Newport Crest. He talked abox traffic conditions, and noise. He c park 50% passive and 50% active softball. b, Council Member Selich and interests of the com the proposed Sunset Ridge Park Crest Homeowners Association to to issues with the City. on and Senior Services Director have even talked about staffing fwas originally grad r phase two construction parks in the area and they handle parking, ented the architect for his efforts in making the {pressed support for having moveable fences for staff on" ",fie new design and for balancing the needs The motion ied by the folwing „0611 call v ”' Ayes: CtI[ncil ember Henn,uncil Member Rosansky, Mayor Pro Tem Daigle, Mayor Aelich, C cil Member %ebb, Council Member Curry, Council Member Gardner 29. APPROI N YEAR,AGREEMENT WITH CR &R INC. TO PROVIDE EN } SVA3E TRANSFER SERVICES AND MATERIAL R SI ECYCLI RF) (C- 2807). [381100 -20081 General vices ITector Harmon reviewed amendments to Exhibit A including the addition of to statCR &Rand the City mutually agree that CR &R will not use the City transfer stat n for the transfer or residential or commercial solid waste collected by CR &R at any other cation than the City. The excess capacity of the City transfer station shall not used by q&R without prior City Council approval." In r to Council's questions, General Services Director Harmon stated that the equipm was sold for $226,000 to CR &R at no discounted rate. He stated that the annual tonnage is audited by requiring monthly reports and scales are used to know how much tonnage is moved out of Newport Beach. He reported that the diversion levels will have to be re- negotiated if the State later requires a higher diversion rate level. General Services Harmon stated that the agreement will not change the current practice of City crews collecting refuse in the residential neighborhoods. He also stated that July 1st will be the start of the processing fee, however, transportation will start on July 7 and noted that the diversion rate will change to 40% on July 1st. CR &R can apply to the City for an increase for. the disposal portion of their fees for any direct increase in the Orange County landfill system, however, the CPI increase can not exceed more than 4% annually. The Volume 58 - Page 516 City of Newport Beach City Council Minutes June 10, 2008 agreement will generate a cost saving of $600,000 per year and reduces the employment force in General .Services by two full time positions. The $244,000 in the equipment replacement fund will be used to offset any purchase of Fleet. Motion__by, Council, Mem - be r . Webb to approve the terms of the agreement, including amendments to the Scope of Services ( #2 & #3) and the addition of #12; and award a ten - year agreement with CR &R, Inc. through July 1, 2018 to provide residential solid waste transfer services and material processing /recycling (MRF). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Ro nsky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Me. er Curry, Council Member Gardner 30. RECOMMENDATION FROM E O N TAL QUALITY AFFAIRS COMMITTEE REGARDING LIMIT. NS ON E OF POLYSTYRENE FOOD PACKAGING MATERIALS. [100 -208] ; OW City Manager Bludau asked Coundito pro_Ae direction to sta ative to the prohibition of the use of Styrofoam products b he C' He believed that pro ng the use throughout the whole City might be problems .1 0411 Council Member Gard Krre(s and add a hardship c1t acquiring substitutes. Ken Drellishak, Chairman] included takeout foods and and harma -A e. He stab bans Stvirofo _ -He rent Genna a hardsh . the draft The motion Harbor will work with the Restaurant Association h financial burdens and/or problems with all (Athe ordinances that they have reviewed ern is that Styrofoam gets into the water Cher Cities that have ordinances in effect that that the he has discussed this with the Restaurant h School, stated that the students have been working to make Newport Beach green nber Gardner to a) direct staff to propose an ordinance, including the use of Styrofoam in City restaurants; and b) direct staff to take Restaurant BID and Economic Development Committee for input. by the following roll call vote: Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor ouncil Member Webb, Council Member Curry, Council Member Gardner 31. 3232 CLAY STREET - REQUESTING WAIVING REQUIREMENT OF DRIVEWAY ABANDONMENT - ENCROACHMENT PERMIT N2008-0160.[100-20081 Public Works Director Badum stated that the owners are asking to waive Council Policy L- 2.0 so they can tear down the one car garage, and replace it with a three car garage and a second one -unit living space, which requires four parking spaces. In response to Council questions, Public Works Director Badum stated that a curb and gutter will be required. Assistant City Manager Wood stated that the floor area is not an Volume 58 - Page 517 City of Newport Beach City Council Minutes June 10, 2008 issue in relation to parking. Council Member Webb expressed support for staffs recommendation to deny the encroachment permit because of the substantial redevelopment of the property and believed that there is enough room for four stalls at the rear of the property. Ross Maxwell, Project Architect, stated that they were not aware of the policy at the start of the project and asked Council to delay the abandonmen of the curb until the second phase of the project. He believed that the Planning Depart t has a gross square foot area that needs to be maintained. Motion_. by_.Cogncil_MgiLnber Webb to deny the existing curb cut at 3232 Clay Street ba Council policy L -2.C. ,� The motion carried by the following roll g" Ayes: Council .Member Henn, GfFFuncil Selich, Council Member WefiC VI. CLOSED, SESSION REPORT - Council , reconvened at 11:06 p.m. wit 1 members XX. MOTION. FOR RECONSIDER I one 3M. ADJOURNMENT_- 11:06 p.m. I-,, The agenda for tl" Hall Bulletin, 13 oar Building. Th supp at 11:00 a.m. r,the Administratiom$uil City Clerk ber Rosansky, Member Curry, Permit N2008 -0160 to retain rmance with the provisions of Tem Daigle, Mayor mber Gardner -d to Closed Session at 10:22 p.m and nt. There was no reportable action. igular Meetilug;; as posted A June 4, 2008, at 2:45 p.m on the City located ou a of the City of Newport Beach Administration nental agent for the Regular Meeting was posted on June 6, 2008, y Hall BulletBoard located outside of the City of Newport Beach Recording Secretary Mayor Volume 58 - Page 518