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Home My WebLink About02/10/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 10, 2009 — 7:00 p.m. I. STUDYSEBSION - 4:30 p.m II. CLOSED SESSION - 5:20 p.m A. Conference with Counsel - Anticipated Litigation = Exnosure.to Litigation (Gov_ernment Code Q 54956.9(c): Two matters: 1. Potential litigation regarding Fuji Grilrs operating agreement at Corona del Mar Beach due to its notice that it is terminating its operating agreement. 2. City of Irvine objections under CEQA to approval of Airport Business Area Conceptual Design Plan. B. Conference with., Legal Counsel — Potential Initiation. of-Litigation (Government Code § 54956.9 )): Multiple Matters Potential initiation of abatement actions against group homes that have not conformed to City ordinance and have not abated by February 22, 2009 deadline. C. Public Employee Performance Evaluation (Government Code § 64957r �tl)L Titles: City Attorney and City Clerk D. Conference with La__bQr Negotiators (Government Code § 54957.6): Agency designated representatives: Human Resources Director, Terri Cassidy, and Assistant City Manager, Dave Riff Employee organization: All city bargaining units III. RECESS IV. RECONVENED AT 7_00P..M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION -Reverend Robert Jordan Ross, Newport Universalist Society DI. PRESENTATIONS • None x NOTICE TO THE PUBLIC Volume 59 - Page 78 City of Newport Beach City Council Minutes February 10, 2009 XI. CITY COUNCIL ANNOUN.( EMENTS OR MATTERS WHICH COUNCIL_ MEMBERS WOULD LMK PLACED_ ON . A.. FUTURE AGENDA FOR DISCUSSION. _A_CTION_ OR REPORT (NON- DISCUSSION ITEM); Council Member Daigle reported that the stimulus package may be favorable for the Army Corps of Engineers by resulting in a $2 billion budget increase that could be applied toward the ongoing Back Bay project and potential Harbor dredging projects. She also reported that there will be possible revisions to the California Environmental Quality Act (CEQA) and a possible elimination of Level of Service (LOS) indicators for automobile travel. She provided the background for growth control and the LOS, and reported that after contacting the Orange County Transit Authority (OCTA), she received a three page letter from them that included concerns about the weakening of the LOS. She provided staff with the letter. Council Member Gardner asked if Council has the authority to change the solicitation hours and announced that there will be a City - sponsored Water Wise meeting at the Central Library on March 5 to discuss how to conserve water in gardens. Council Member Rosansky requested that a draft ordinance be brought to Council regarding the screening of rooftop equipment on existing buildings. Mayor Pro Tem Curry announced that he attended the Citizen Emergency Response Team (CERT) dinner on January 31 and attended the Relay for Life Kick -Off on February 7. He noted that Relay for Life will be held on May 16 at Newport Harbor High School. Mayor Selich announced that there will be a Town Hall meeting on February 14 at 10:30 a.m. at the Balboa Fire Station to discuss the Balboa Island Underground Utilities District. He urged residents to attend. XII. CONSENT CALENDAR A. READING OF MINUTEORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF JANUARY 27, 2009, AND REGULAR MEETING OF JANUARY 27, 2009. 1100 -20091 Waive reading of subject minutes, approve as amended and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20091 Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. C. RESOLUTIONS. FOR ADOPTION 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO A2Z RECYCLING SERVICES, INC. 1421100 -20091 a) Adopt Resolution of Intention No. 2009 -4 setting the public hearing for March 10, 2009 to consider the award of a Non - exclusive Solid Waste Franchise to AZZ Recycling Services, Inc.; and b) introduce Ordinance No. 2009 -6 granting a Non - exclusive Solid Waste Franchise to A2Z Recycling Services, Inc., and pass to second reading on march 10, 2009. 6. STREET SWEEPING PARKING RESTRICTIONS ON OCEAN BOULEVARD IN CORONA DEL MAR. [100 -20091 a) Rescind Resolution No. 2008 -5; and b) adopt Resolution No. 2009 -5 establishing NO PARKING restrictions for street sweeping along the south side of Ocean Boulevard from Carnation Avenue to Dahlia Avenue. Volume 59 - Page 79 City of Newport Beach City Council Minutes February 10, 2009 D. CONRACTS AND AAEEMENTS 7. AMETHYST AVENUE -SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT (C -4063) - AWARD OF CONTRACT. (381100 -2009] a) Approve the project plans and specifications; b) award the contract (C -4063) to John S. Meek Company, Inc. for the total bid price of $76,972.90 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $12,000 (150% of total bid) to cover the cost of unforeseen work. E. MISCELLANEOUS 8. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION COMMISSION. 1100 -20091 Confirm the nominations of Thomas Anderson (District 3) and Ron Cole (District 5) by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the resignation of Cristine Trapp. 9. ENVIRONMENTAL CONSULTING SERVICES FOR AN ENVIRONMENTAL IMPACT REPORT (EIR) AT 1901 WEST CLIFF DRIVE - MARINERS MEDICAL ARTS BUILDING. [100 -20091 Receive and file. Council Member Webb voted no on this item 10. APPOINTMENT OF CHARLES MCKENNA TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). 1100 -20091 Approve EQAC's recommendation to appoint Charles McKenna to the Committee in the Environmental Expertise membership category. Il. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES FOR FISCAL YEAR 08/09. 1100 -2009] Approve a budget amendment (09BA -038) to increase expenditure appropriations by $11,077 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. Council Member Gardner requested that Page 72 of the Regular Meeting minutes (Item 1) be amended to reflect her abstention to Item 14. Motion by Moor Pro Tem Curry to approve the Consent Calendar, except for the Items removed (3 and 4); and noting the amendment to Item 1 by Council Member Gardner and the no vote on Item 9 by Council Member Webb. 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT, CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA (SLBTS). 1100 -20091 Dick Nichols believed that the agreement legalizes Sober Living by the Sea's (SLBTS) 156 beds. He expressed concern about integral facilities, that no CEQA study was conducted, and that the State is threatening to release prisoners who may end up housed in some of Volume 59 - Page 80 City of Newport Beach City Council Minutes February 10, 2009 these facilities. Max Liskin provided Council with a handout that discussed the difference between "beds" and "occupied beds," and expressed the importance of the daily census information. In response to Council Member Henn's questions, City Attorney Hunt stated that any substantial change to the agreement will require that the item be brought back at another meeting; however, Paragraph 14 provides the City with the means to confirm the use of the property, and also identifies the City's rights to audit the accuracy of the documents and conduct onsite inspections. Assistant City Manager Kiff confirmed that Exhibit G requires SLBTS to state the number of beds they have and does not allow SLBTS to have more people than beds. Council Member Henn encouraged staff to work with SLBTS to see if a census approach can be utilized in addition to what is allotted in the agreement, but emphasized that he is not recommending that the City amend the agreement at this time. Motion by Council Member Gardner to adopt Ordinance No. 2009 -4 relating to a Zoning Implementation and Public Benefit Agreement ("Zoning Agreement ") between the City of Newport Beach ("City ") and Sober Living by the Sea ("SLBTS "). 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 4. A GENERAL PLAN AMENDMENT, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, AND PARCEL MAP TO ALLOW THE DEVELOPMENT OF A NEW, SINGLE - FAMILY DWELLING ON A PORTION OF THE BIG CANYON GOLF COURSE - THE GENERAL PLAN AMENDMENT WOULD CHANGE THE LAND USE CATEGORY FROM PARKS AND RECREATION (PR) TO SINGLE -UNIT RESIDENTIAL DETACHED (RS -D); THE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT WOULD AMEND THE BIG CANYON PLANNED COMMUNITY TO CHANGE THE LAND USE DESIGNATION FROM "GOLF COURSE" TO'EOW DENSITY RESIDENTIAL" (PA2007 -210). [100 -2009] Elaine Linhoff stated that Stop Polluting Our Neighborhoods (SPON) will not oppose the project but asked that the native vegetation at the rear of the property be preserved. In response to Council Member Daigle's question, Planning Director Lepo stated that the project will be going before the Planning Commission for review. Motion by Mayor Pro Tem Curry to adopt Ordinance No. 2009 -5 approving Planned Community Development Plan Amendment No. PD2007 -005. 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 Daigle Noes: Council Member Gardner XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported that staff provided a presentation to the Economic Development Committee (EDC) regarding the status of the City's budget. Regarding the group homes use permit hearings, Council Member Henn reported that the Newport Coast Recovery's application was denied on February 4. He also reported that the Ocean Volume 59 - Page 81 City of Newport Beach City Council Minutes February 10, 2009 Recovery hearing is scheduled for February 12 and the Yellowstone Recovery hearing is scheduled for February 20. He noted that the abatement deadline is February 23 for facilities that did not apply or did not receive a use permit. He assured everyone that staff will vigorously pursue the facilities that need to be abated. Council Member Gardner expressed appreciation to staff for negotiating and resolving the City's differences with the California Coastal Commission regarding the Local Land Use Plan, and thanked Elaine Linhoff for her input and information that she provided. XV. PUBLIC HEARINGS 12. AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN (PA2007 -170 AND PA2008 -063) - APPROVING THE AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN THAT WOULD ALLOW FOR FUTURE RESIDENTIAL AND MIXED -USE DEVELOPMENT ON THE ROLL AND CONEXANT PROPERTIES WITHIN THE AIRPORT AREA THROUGH FUTURE REGULATORY PLANS. 1100 -20091 Mayor Selich stated that staff recommended that the item be removed at the applicant's request. He noted that the conceptual plan will be processed with the regulatory plan. Motion by Council Member Webb to remove the item at the request of the applicant. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky 18. AVIS RENTAL CAR FACILITY (PA 2008 -124) - 4200 CAMPUS DRIVE (CODE AMENDMENT NO. CA2008 -002 AND USE PERMIT NO. UP2008 -044) - THE CODE AMENDMENT WOULD APPLY THE INTERIM STUDY (IS) OVERLAY TO THE SUBJECT PROPERTY REVISING DISTRICTING MAP NO. 85 AND APPROVE A STUDY PLAN THAT ESTABLISHES DEVELOPMENT REGULATIONS FOR THE SUBJECT PROPERTY WHICH PROVIDES FOR IMPLEMENTATION OF GENERAL PLAN POLICIES; AND THE USE PERMIT WOULD ALLOW THE EXPANSION AND OPERATION OF A VEHICLE RENTAL FACILITY. (100 -20091 Council Member Daigle stated that this item is before Council because of the interim overlay and pointed out that the issues were already addressed by the Planning Commission. Motion by Council Member Gardner to introduce Ordinance No. 2009 -7 (Attachment 4) approving Code Amendment No. CA2008 -002, and pass to second reading on February 24, 2009; and adopt Resolution No. 2009 -6 (Attachment 5) approving Use Permit No. UP2008- 044, effective upon the effective date of the Ordinance implementing Code Amendment No. CA2008 -002, subject to the findings and conditions found in the Resolution. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky XVI. PUBLIC COMMENTS Regarding the Local Land Use Plan, Elaine Linhoff expressed concern for the possible loss of marine Volume 59 - Page 82 City of Newport Beach City Council Minutes February 10, 2009 facilities on the Bay for the boating industry, noted that the Bay is one of the City's main assets, believed that the City is losing its marine industry, expressed disappointment with having mixed uses in the Mariner's Mile area, stated that the public should know what is planned for Mariners Mile, and expressed concern about the increase in traffic on Coast Highway. XVII. CONTINUED BUSINESS 14. COUNCIL APPROVAL OF THE WORDING, ACTION STEPS AND SCHEDULE FOR IMPLEMENTATION OF THE CITY S 2009 PRIORITIES. [100 -2009] City Manager Bludau stated Council conducted their annual priority setting meeting on January 10 and developed 13 priorities. He provided a PowerPoint presentation which highlighted the priorities listed in the staff report. In response to Council questions, City Manager Bludau stated that air quality is part of the John Wayne Airport (JWA) priority because it has a bigger impact than water quality. He noted that the settlement agreement for JWA is a four party agreement in which other cities cannot negotiate. However, he noted. that other cities can put pressure on the Board of Supervisors. He offered to develop a step to reach out to other cities in the County. He clarified that the spheres agreement was adopted by resolution and emphasized that there is nothing to bind the agreement indefinitely. Mayor Selich suggested that the airport issues be discussed at the next Aviation Committee meeting. Regarding the benchmarking priority, Council Member Henn stated that it is important that this priority not convey the impression of finality and clarified that he would like staff to generate recommendations following the measurement process. He stated that this priority will be discussed at the next Finance Committee meeting so there is a clear understanding of what is expected. He noted that this will be brought back to Council. Regarding the budget, Council Member Rosansky suggested adding more budget review meetings so the public can have an idea of where the City stands. He stated that he would like to have as much data as possible and believed that bi- monthly reports would be sufficient. He suggested conducting budget review meetings and updates on March 10, May 12, July 14, September 8, and November 10. In response to Council Member Henn's question, City Manager Bludau stated that sales taxes are based on a percentage of the previous year, are paid by the State, and the City receives weekly reports. Council Member Daigle stated that the Economic Development Committee (EDC) can provide strategies relative to permit activity. Council Member Henn requested that the second objective in the group homes priority be amended to read, "Enforce the February 22, 2009 abatement deadline on homes that did not apply for or receive Use Permits." In response to Mayor Selich's questions regarding the Lower Buck Gully fire hazard priority, Fire Chief Lewis stated that the City is waiting for guidelines and parameters from the State, maps will be presented to Council, and a public hearing will be held. He clarified that Senate Bill 1595 is CEQA and Coastal Commission exempt. City Manager Bludau stated that if a property is not cleared by October 27, a letter of recommendation and a suggested action will be presented to Council for additional direction. He also stated that the City has had to clear properties in the past and the fees were placed on the homeowners' tax bills. In response to Council Member Gardner's questions regarding the Traffic Management Plan, City Manager Bludau stated that the idea is to have a remote sight to control Volume 59 - Page 83 City of Newport Beach City Council Minutes February 10, 2009 streetlights during events, maintenance, and other special needs. Public Works Director Badum stated that there is a traffic study for the new City Hall location and that it includes the Newport Center area as a whole. In response to Council questions, City Manager Bludau stated that the cost estimates for Marina Park are being refined and that he will recheck the target dates for rewarding the bid and completion of construction and report back to Council. Council Member Gardner believed that the park plans for the Banning Ranch site should include an active park area. Council Member Daigle stated that, relative to the dredging of the Lower Bay, the City is waiting for results regarding the risk analysis for disposal alternatives. Motion -by Council Member Henn to adopt the City Manager's recommendation relative to the 13 Council priorities for 2009, as amended. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Sehch, Council Member Webb, Council Member Gardner, Council Member Daigle XVIII. CURRENT BUSINESS lb. ORAL STATUS REPORT ON HARBOR COMMISSION ACTIONS AND PROJECTS FROM SEPTEMBER 2008 TO JANUARY 2009. 1100 -20091 Harbor Resources Manager Miller announced that at the September Harbor Commission meeting, the Commission received a report regarding the Mitigated Negative Declaration (MND) in the Lido Channel area. He reported that they will be able to dredge 8,000 cubic yards of good sand that will be reused to replenish sand along the shore zone. He reported that Council approved the warning letters for sea lions in November and announced that the Hoag Cup Regatta is scheduled for June 12 -14. He also reported that Planning Director Lepo met with the Harbor Commission to look at rules for mooring transferability. This will be brought to Council in spring. In response to Council Member Rosansky's questions, Harbor Resources Manager Miller stated that more sand will not be placed in Balboa Island at this time because it is a high impact area due to the large number of piers. He discussed the sand replenishment at Channel Reef and China Cove, and reviewed the sand movement study on South Bayfront and the H Mooring areas. In response to Council Member Daigle's question, Harbor Resources Manager Miller stated that a large group of volunteers formed the Mooring Master Plan Subcommittee. He also stated that the Harbor Commission has an Overhang Subcommittee that is working on amending the ordinance that allows vessels to extend 10 feet beyond their slips. He noted that the current overhang rule includes the pulpit. He also reported that the Marketing Subcommittee is currently working on developing a brochure that will include maps, rules, pumpout station locations, and other important Harbor information. XDf. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:48 p.m. in memory of Corona del Mar resident Laverne Volume 59 - Page 84 City of Newport Beach City Council Minutes February 10, 2009 Carstensen, former Parks and Recreation Director Ron Whitley, and former City Manager Robert Coop The agenda for the Regular Meeting was posted on February 4, 2009, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Regular Meeting was posted on February 6, 2009, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 59 - Page 85