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HomeMy WebLinkAbout01 - Minutes - 01-22-2008Agenda Item 111 February 12, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session January 22, 2008 — 4:00 p.m I. ROLL CALL Present: Council Member Henn, Mayor Pro Tem 'gle, Mayor Selich, Council Member Webb, Council Member Curry, Council mb' ardner Excused: Council Member Rosansky II. CURRENT BUSINESS 1. CLARIFICATION OF ITEkdON T CONSENT CAL AR In response to Mayor Pro Tem Item 14 (Concession at Corona will include a break&Wn of con 2. WATER QUALITY Assistant City Manag different ater quality grant that are City Mans will be di 6 the next %les question, City ManageBludau stated that r), will be continued to a future agenda which ssio s applications. a Po'w Point presentation to explain the >Ulikely ncern, programs that are underway, and ant funding. Bludau's concern, Assistant City Manager Kiff stated d by the total maximum daily load (TMDL) to reach a Lit term. on Mayor Pr-8AW Daigle's question, Assistant City Manager Kiff stated that )Ba x ive Watershed Committee is reviewing the Integrated Regional Wateage t Plan (IRWMP) for grants. Counember rdner reported that the Newport Bay Executive Committee suppa Serrano Creek restoration because it is a major contributor of sediment to th until ember Curry stated that Measure M provides two million dollars for r remediation from highway and transportation projects and are still dev ping critera for how they will allocate the funds. He indicated that the City should reduce upstream runoff by revitalizing the legislative committee and work with Congressman Campbell's office for a comprehensive strategy, which may include creating a joint powers authority with some of the upstream partners so improvements can be financed on a interim basis through the JPA until funding from the federal government can come through. In response to City Manager Bludau's question, Assistant City Manager Kiff stated that the City's regional board is less aggressive in regulating storm waters and dry weather flows. In response to Council questions, Assistant City Manager Kiff stated that a member Volume 58 - Page 376 City of Newport Beach Study Session January 22, 2008 of the Coastal Bay Water Quality Committee in San Clemente brought forward a concept that asked their voters to accept a monthly increase that is dedicated towards water quality, street sweeping, and the catch basin. The fees are not feasible in this City because the general fund is used to cover the cost. He indicated that Council can expect to have a spreadsheet of the different grant programs as a part of the water quality master plan. The subcommittee will meet in two weeks and then it will go to the full committee and expected to be brought back to Council in March. Council Member Gardner indicated that more studies are needed before concluding that storm water is damaging to sea . 3. PROTOCOL WITH CALTRANS PROJE IN THE CITY Public Works Director Badum expla' that the ' y and Caltrans have agreed to meet on a quarterly basis to disc Restrictions of k hours, signage, prohibition of work on certain days, and no ' cati by the con r to dispatch. He stated that the City has agreed to �re ' nta and busine of street closures. He believed that the City d ider taking contol ast Highway from Jamboree to Newport Blvd., now under Caltrans contr question, Public Works Director Badum information on the signs, but he agreed Eght be helpful to allow drivers to take ddon, Public Works Director Badum cooperating with the City by moving espons to Council ber Henn's question, Public Works Director Badum sta th the City an Caltrans traffic signals are coordinated but not sync ed that e City's current system is not compatible enough to rface he Caltr t e new system is. -;p.. Coup em Webb explained that the City needs to acquire Coast Highway from Jambo to Ne rt Boulevard and repair work needs to be done at night time for the con ence o e residents and to improve traffic circulation. City Mager Bludau reminded Council that the City's underground utility project and Caltdans repaving projects might run at the same time. Public Works Director $adum dicated that most of the utility work will be done on side streets and they =deadline. the dates for the work if Assessment District 92 passes due to a grant furig deadline. He stated that coordination with Caltrans is very important to the completion of the project. In response to Mayor Selich's question, Public Works Director Badum stated that Council can negotiate with Caltrans about the City taking over the bridge over the Bay. The transfer can be approved by the California Transportation Committee (CTC) but he is not sure if it needs to go through state legislations. He indicated that this City is one of the last Cities to get paid to take over Coast Highway. Council Member Webb stated that the City can take over the bridge on Finley, the channel bridge, and Arches bridge, but needs to consider the consequences of major failure. He also stated that there is piping work to be done that goes across the Volume 58 - Page 377 City of Newport Beach Study Session January 22, 2008 highway and Council might want to consider night time .construction. He emphasized the amount of work that is needed and noted that the work will be done in phases. III. PUBLIC COMMENTS - None 1V. ADJOURNMENT - 4:50 p.m. The agenda for the Study Session was posted on January 16, 2008, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Bch Administration Building. Volume 58 - Page 378 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 22, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 4:50 p.m III. RECESS IV. RECONVENED AT 7:00 _P_.M. FOR REGULAR ME IN V. ROLL CALL Present: Council Member Henn, Council Member ky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member C until Member Gardner VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Counci e VIII. INVOCATION -Jim de Boom, Newpor esa Ir a Int th Council D{. PRESENTATIONS Orange County H n Relations mmission Presentation of Certificate of Recognition and ual , sport - Pat Kr e, Orange County Human Relations Commission Chairperson, dis ed rece activitiea, provi the City with the annual report, and presented Mayor Selich with ifi co 'tion. Check Presentation the Friends of the Newport Beach Library - Marty Flank, Friends o ort Library President, presented the Mayor and Library Services Mana arren wi bee ks total $20,100. P entation of Chec to 1/1 A ption Fund from Newport Harbor Republican Women - ores Otting, Newpo arbor Republican Women President, introduced members in attendance a resented Mayor ch and 1/1 Marine Committee Chair /Deputy Administrative Services Dire Kurth with a c ck for $5,415. Richard rs Pr entation of Petitions for Upper Bay Dredging - Richard Luehrs, Newport Bea er of Commerce President, presented petitions to Mayor Selich and reported that the Chain ewsletter includes updates relative to dredging. Chris Palmer, Legislative Aide to Congre man Campbell, discussed dredging funding and reaffirmed Congressman Campbell's support. National Blood Donor Month Proclamation - Mayor Selich read the proclamation and presented it to Susan Patton of the American Red Cross. x NOTICE TO THE PUBLIC Volume 58 - Page 379 City of Newport Beach City Council Minutes January 22, 2008 XI. CITY COUNCIL__A O NCEMENTS OR MATTERS WHICH .COUNCIL MEMBERS. WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,_ ACTION OR REPORT_MQIN- D- ISCUSSION ITEM): Council Member Henn noted that the Municipal Code is enforced vigorously and reported on the City's annual enforcement actions. Council Member Rosansky reported that he attended the Christmas Boa arade awards dinner last Friday, attended the League of California Cities meeting about tw eeks ago in which they discussed group homes issues, and announced that Restaurant Week i s week. Mayor Pro Tem Daigle discussed dredging efforts and possible so nd stated that the City is committed to making dredging happen this year. Council Member Gardner reported that all of the City's pu streets are swep regular basis. Council Member Curry encouraged the public to parti ' to ' staurant Week. Council Member Webb discussed the progress at tJ&ftnviVfiixnentaI Nature Center and stated that it is scheduled to open in May. He also repo the Orange County Sanitation District (OCSD) will be having the dedication ceremony for Groundwater Replenishment System on Friday and that the OCSD will be discussing a possible r . crease tomorrow. Mayor Selich discussed a visit from 23 Fe, Argentinean ents to City Hall last Friday. XII. CONSENT CALENDAR A. READING OFMTNUTF.S/ORDI N['F.S n.R UTIONS 1. MINUTES OF THE ADJ D REGULAR MEETING AND REGULAR MEETI JANUAR 2008, AND THE ADJOURNED REGULAR MEET G JANUAR 2, 2008. [100 -2008] Waive reading of subject min a, app ve as written an order filed. 2. RE NG ANC + AND RESOLUTIONS. Waive reading in full of all or s an res under consideration, and direct City Clerk to read 3. BAYSI RESIDENTIAL PLANNED COMMUNITY (PA2007 -166) - 919 BAYSI DRIVE - PLANNED COMMUNITY DEVELOPMENT PLAN AME NT NO. 2007 -004 AND AMENDMENT TO NEWPORT TRACT MAP Adopt 2004 -001 rdinance No. (TENTATIVE TRACT MAP NO. 15323). [100 -2008] 2008 -1 approving Planned Community Development Plan Amen ent No. 2007 -004. 4. IWE 17 REORGANIZATION; COUNCIL POLICY H -1 AND HARBOR DESIGN CRITERIA UPDATE. [100 -2008] a) Adopt Ordinance No. 2008 -2 amending Title 17 of the NBMC to completely reorganize the Title with minor revisions throughout; c) adopt Ordinance No. 2008 -3 that relocates Section 17.28.045 (Vehicle Restrictions on Public Piers and Plazas) to Section 11.08.090; and c) adopt Ordinance No. 2008 -4 that relocates Section 17.28.060 (Skateboards) to Section 12.57.22. Volume 58 - Page 380 City of Newport Beach City Council Minutes January 22, 2008 C. ORDINANCES FOR vuRop -mr ON 5. RESOLUTION TO PROVIDE SECTION 20516 (EMPLOYEE SHARING COST OF ADDITIONAL BENEFITS) APPLICABLE TO SECTION 21354.4 (2.5% @ 55 FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS (C- 563). [381100 -2008] a) Adopt Resolution No. 2008 -3 relating to the City's intention to approve an amendment to the contract b een the Board of Administration, California Public Employees' Retirement stem (PERS) and the Newport Beach City Council to authorize cost sh g for the "2.5 % @55" retirement formula for local miscellaneous me rs, including Key and Management; and b) introduce Ordinance No. 200 ating to a PERS contract amendment, and pass to second reading on eb 12, 2008. (Council Member Rosansky voted no on this i and Ma Pro Tern Daigle abstained on this item.) 6. RESOLUTION OF INTENTION TO D A NON -EXCL SOLID WASTE COLLECTION FRANC E GREEN ENVIR ENTAL WASTE AND RECYCLING, [ i00 -2008] a) Adopt Resolution of Intention No. 2008 -4 to conduct earing on February 26, 2008 to consider the award of a Non - exclusive Soh ste Franchise to Green Environmental Waste and Recycling, LLC; and b) int Ordinance No. 2008 -7 granting a Non- exclusive Solid Waste Franchise to Gree vironmental Waste and Recycling, LLC, and pass to secon ding on February 008. D. RES01=407vR FnR Annl r nr 7. RESOLUTION FOR ST ET PI ARKING RESTRICTIONS IN THE WEST SANTA ANA EI TS COMMUNITY (contd. from 118(08). a) Rescind Resolution No. 200 nd b) adopt Resolution No. 2008 -5 replacing the current of Orange N ARKING restrictions with City of Newport Beach NO P N restrictions o street sweeping on Thursdays from 9:30 a.m. to 12:3 m. in a West Santa Heights community. 8. R UTI OUNTY FUNDS FOR RECYCLING. [100- 2008] ve eso u 2008 -6 so the City may obtain up to $30,000 from Coun Orange to be used to supplement approved funding for creation of s h old hazardous waste collection center to be located in the City 9. NE WP T BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD (C- 3655) - OMPLETION AND ACCEPTANCE OF CONTRACT. [38/100 -2008] a) Acc the work; b) authorize the City Clerk to release the Labor and Materials Bond days after the Notice of Completion has been recorded in accordance with able portions of the Civil Code; and c) release the Faithful Performance Bond o ear after Council acceptance. 10. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM (C -3651) - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SCS ENGINEERING FOR OBSERVATION AND SUPPORT SERVICES. [38 1100 -2008] Approve Amendment No. 2 to the Professional Services Agreement with SCS Engineers of Long Beach, California, for additional observation and support services for the Newport Terrace Landfill Volume 58 - Page 381 City of Newport Beach City Council Minutes January 22, 2008 Gas Collection and Control System (C -3651) at a not to exceed price of $32,838 and authorize the Mayor and City Clerk to execute the agreement. 12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH HARDY & HARPER, INC. AND OLIVER MAHON ASPHALT, INC. FOR ON- CALL ASPHALT UTILITY REPAIRS (C- 4015). [381100 -2008] Approve Professional Services Agreements with Hardy & Harper, lat. and Oliver Mahon Asphalt, Inc. for on -call asphalt utility repairs, and authojX the Mayor and City Clerk to execute the agreements. 13. CITY - COUNTY SUBLEASE FOR WATER QU TY LAB WING OF THE BACK BAY SCIENCE CENTER (C- 4016). (3 0 Authorize the Mayor to execute a Sublease with the County of Or for the r Quality Lab wing of the Back Bay Science Center and have ublease effec upon approval by the Orange County Board of Supervisors. 14. AWARD OF CONCESSION AT C O DEL MAR STAT EACH (C- 4017). [381100 -2008] Continued. F. MISCELLANEOUS 15. ACCEPT FIREMAN'S FUND GR R SCBA BOTTLES. (100 -2008] a) Accept the Fireman's d heritage Rewar nit in the amount of $15,000.00 to purchase 18 Self Cont eathing Appara CBA) bottles; b) approve a sole source contract with pment In . ith an amount not to exceed $15,000.00 for the SCBA bottle a budget amendment (08BA- 038) increasing revenue a imates b 15, in 2320 -4914 and appropriating those funds into Fire Depa ent unt 2320 - 82007. 16. BUDGET NDMENT ACCEPT TWO CHECKS FROM THE FRIE THE N RT BEACH LIBRARY AND APPROPRIATE FUN TO NTENANC & OPERATIONS BUDGET ACCOUNTS FOR FI AL YE R 2007 -08. [10 008] Approve a budget amendment (08BA -040) to ase r estimates 20,100 in Account No. 4091 -5892 (Friends of the Libr o se expenditure estimates by $20,100 in Division 91, Fri B T MENT TO ACCEPT A CHECK FROM CALIFORNIA STA LIB AND APPROPRIATE FUNDS FOR LITERACY SERVI S FOR ISCAL YEAR 2007 -08. [100 -2008] Approve a budget amendm t (08BA -041) to increase expenditure appropriations by $13,866 in Division 060, Literacy, and increase revenue estimates by the same amount in Account o. 4010 -4832, California Library Literacy Services. DOVIM DRIVE SIDEWALK - APPROVAL OF AMENDMENT NO. 6 TO SSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC., F08JI RLY KNOWN AS VAN DELL AND ASSOCIATES (C- 3652). (381100- 2 pp rove Amendment No. 6 to Professional Services Agreement with VA Consulting, Inc., formerly known as Van Dell and Associates for a not to exceed amount of $19,430 and authorize the Mayor and City Clerk to execute the Amendment 522. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIR (C -8778) - APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL Volume 58 - Page 382 City of Newport Beach City Council Minutes January 22, 2008 XIII. SERVICES AGREEMENT WITH DUDEK AND ASSOCIATES, INC. [381100- 20081 a) Approve Amendment No. 2 to the Professional Services Agreement with Dudek & Associates, Inc., (Dudek) of Encinitas, California, for the Buck Gully Wetlands and Maintenance Road Repair at a not to exceed amount of $18, 750 and authorize the Mayor and City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -043) transferring $15,750 from salary savings in the Engineering Division (5100 -7099) to Buck Gully Wetland7ld Maintenance Road Repair project (7014- C5100659). Motion bY Council Member Daigle to approve the Consent Cndar, except for the item removed (11), and noting the no vote by Council Member Rosan m 5, the abstention by Mayor Pro Tem Daigle on Item 5, and the continuation of Item 1 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, ayor Pro Tem Selich, r Rosansky, Council Member Webb, Council Member Daigle ounember Gardner Mayor Selich recommended discussing Item 20 (Item 18) is recessed in order to tabulate the As Motion by. Council Member Webb to discuss Item ON (Assessment District No. 92) is recessed in order to tabulate The motion carried by the following roll Ayes: Council Member Henn, Council Me Council Member Webb, Council Mem 11. CONTRACT CITY'S SOIA Council General fo also transt there will be a competitive bid Council al Uses) when the Public Hearing ballots. Residential Uses) when Item 18 Tem Selich, Mayor Rosansky, ber Gardner TRANSFER, INC., FOR PROCESSING THE 2807). [381100 -20081 t Council received an email from Judy Ware. ctor ar ' ussed the phases of solid waste collection and recommending that the contract be extended until staff can draft a P) for the processing of solid waste materials, including an option N s from the City Yard to the processing facility in order to see if efi the City. He confirmed that the process will be conducted by phasized that this does not affect the solid waste collection phase. Dolores Otting r uested a copy of the email, suggested that the company transferring the " aterial be as ciated with a recycling facility, and received confirmation from the City ey that Ife RFP will request the company's history, insurance information, driving Motion Council Member Gardner to approve the amendment to the current contract with CRT, extending the agreement from February 28, 2008 through June 30, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Volume 58 - Page 383 City of Newport Beach City Council Minutes January 22, 2008 )UV. PUBLIC HEARING 18. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. Mayor Selich read the procedures for the Assessment District. Sepror Civil Engineer Lee provided a staff report. Assessment Engineer Dave Stuetzel described Assessment trict No. 92 boundaries and cost. He noted that the 54 parcel undergrounding doe no lude cable service. He discussed the Engineer's Report and the methodology Hearing no testimony, Mayor Selich closed the p l c hearing and a ced that staff will tabulate the ballots and then Council will a action on this issu r the group homes agenda item has concluded XVIII. CONTINUED BUSINESS 20. GROUP RESIDENTIAL USES: ADO N OF ORDINANCE NO. 2008 -5 AMENDING THE NEWPORT BEACH MU AL CODE RELATING TO GROUP RESIDENTIAL USES AND REPEALING T1111, MPORR'ESARY MORATORIUM ON THE ESTABLISHMENT +RATIO N OF' IDENTI LL USES THAT ARE TRANSITORY IN NAT EADING); PTION OF RESOLUTION NO: 2008-8 SUNSETTING' THE R IDENTIAL OCCUPANCY COMMITTEE:(IROC); ADOPTI N OF R NO. 2008 -9 AMENDING THE DUTIES AND TERM OF THE C C CIL AD OC COMMITTEE ON GROUP RESIDENTIAL USES; CONSID N'OF AN IMPLEMENTATION PLAN ON GROUP RESID I USES; ADOPTION OF A NEW COUNCIL POLICY ON HEARING ERS. Joel Sluts reques d that the 1,0 foot separation be included in the ordinance, particular r the nstandard areas 'nce there is no precedence and the City will be sued anyway. a individuals and agencies he spoke to about this issue. ,Wds Lon req that the ordinance include a 1,000 foot separation and a timely Cynthia Koller ormed the audience that they can fill out an online complaint form relative to gro rehabilitation homes. She believed that Los Angeles is considering lacing the 1,0 foot separation into its ordinance. She took issue with the Intense idential O pancy Committee (IROC) minutes, including certified homes in the or nce, no using State language, and the amount of activity /deliveries that group home ner e. She questioned the working relationship between the ad hoc committee and the ing officer and believed that the moratorium should not end until all the homes ha a gone through the Conditional Use Permit (CUP) process. Dolores Otting took issue that her questions from the last meeting were not included in the staff report and reiterated them. She encouraged the City to work with the coalition of cities and questioned why the ordinance doesn't adopt State laws and definitions. She presented and read a portion of the Alcohol and Drug Programs (ADP) California Code of Regulations (CCR) and believed that Section B of the ordinance is vague. Volume 58 - Page 384 City of Newport Beach City Council Minutes January 22, 2008 Bob Rush discussed how Ordinance No. 2004 -16 affected the community and addressed conflicts of interest. He took issue that no one has responded back to him relative to documents he submitted at the April 10, 2007 Council Meeting. He expressed displeasure with the ordinance and noted that citizens can vote in new officials, recall current officials, or sue the City. Mary Hyatt discussed how the Peninsula atmosphere has changed o1jr the past five years and believed that the rehabilitation homes may be contributing to increase in crime. Dick Nichols stated that group homes need to be rehabilitation classes. He discussed CRC's purchase Lori Morris questioned the language in the ord State laws, requested that the CUP hearings be could attend, believed that the group homes op the costs, and requested that the 11000 foot se certified homes being included in the ordinanqd Shelly Dobkins expressed concern with o on that the City pass an ordinance that pro e 1,000 foot separation. Denys Oberman believed that a ordinance is not does not..go far enough and tha is a relation discussed an interview betw(e 7a1%!%jjes Alcoholics "Anonymous (AA) meeti Cohad contact with Mr. McNiff for m yehat =nsed d suggested tracing the be ving By The Sea (SLBTS). P ed w e City isn't adopting ad at a time t working citizens not the taxpa should pay for be included. She issue with -ation in the community and requested citizens. He suggested including the enough, has no standards, and ;ween drug use and crime. She Pand Grant McNiff after an ner explained that she has not )ken with him about this issue. Anita Nermisch asked what pro d priorities Council followed to make these decisions and ho City thinks ooks to the world. She requested that Council maintain the ci " ns' uality of life. Jim Mar n, Speci Legal Counsel, "scussed how legal counsel had to try to balance housing 1 for ed indi ' als and the impacts of overconcentration on residential rationale relative to the ordinance's distancing guideline and ho a City has to follow what has been adopted by the Ninth Circuit. He ed th rits of utilizing the CUP process and expressed concern about how 000 foots ration d be applied. He explained that the language in the ordinance came from a her o signs, which were discussed with Concerned Citizens of Newport Beach CNB). Ve clarified what certified homes are and highlighted the certification proc s for the Sheriffs Department program. V until questions, Special Legal Counsel Markman explained how keeping anguage in the ordinance does not automatically allow more group homes d stated that he does not recommend taking the language out. He noted guage was removed, the ordinance would need to go through first reading ld not stop operators from getting certification. He pointed out that the qualifications are in proposed Council Policy F -26. Assistant City Manager Kiff explained why the hearing officer should be a practicing attorney and member of the California State Bar in good standing or retired from the State Bar in good standing to make decisions associated with Section 1.08.055; however, other types of hearings (i.e. code enforcement hearings) do not require a hearing officer to be a member of the State Bar unless they are already an attorney. Special Counsel Markman stated that some of the findings may be the same, but all the findings of facts will be different. He discussed the importance of having the citizens and staff produce evidence so that circumstances are put Volume 58 - Page 385 City of Newport Beach City Council Minutes January 22, 2008 on record for use permit and revocation hearings. He indicated that his office will contact the City of Los Angeles regarding the 1,000 foot separation provision and indicated that no other city has adopted this standard. He explained integral facilities and integral uses. Special Legal Counsel Markman indicated that State laws and ADP standards do not tell cities how to make land use or zoning decisions, or how to process a license. He explained that, pursuant to State planning law, the moratorium is require to end once a land use /zoning approach is adopted since the basis for the moratori no longer exists. He emphasized that the City still maintains its right to a tri gainst violators of the moratorium and that the violators are not eligible for a use mit to continue the illegal use. He explained why the expense of the hearings sho bsorbed by the City and discussed how other cities may be defraying the costs. in d that the use permit process for this type of issue is cutting edge and aggre e. He a Is the opinion that a professionally run hearing that can be appealed ouncil makes t ocess work more efficiently. Assistant City Manager Kiff indicated that t RO inutes are in draft foil and can be amended, and group homes operators w' a re ed to explain how they are going to enforce the requirements, including th requirement. He discussed the City's desire to work with other cities to pursue le ion or an initiative to address the issues, and reported that a bill may be introduced in t . eks. He stated that there is no ability for local government to require that someone be . ed after they leave the program; however, the use permit may a to request an ' tion and Management Plan that explains where their participa they are re T He explained the proposed amendments. to the ad hoc com 'ttee a to hearing officer. selection. Special Legal Counsel Markman ded that a officer(s) will be under contract, act independently, and be outside cant ofCounc' He discussed the conference with outside cities, the various atto ys at reviewed the issues, and the Planning Commission and Council hea He emphasized the desire to eliminate the impacts of over ce ation while protecting the rights of disabled individuals in the community. I Council Ih H recommended at the use permit hearings be scheduled at a convenient ti so opportunity to attend the hearings. He noted that two - thirds of tial implementation costs will be absorbed by the applicant, but there mg related to enforcement. He believed that the ordinance is essive, ting o t new group homes are only permitted in the MFR District, the City is defim integr cilities and integral uses, and overconcentration will be substantially m ated. Council Membe Curry stated that Mitt Romney has nothing to do with this issue and ssured the resi nts that the City takes the group homes issues seriously. R ding th number of beds and homes in the City, Assistant City Manager Kiff discu th investigatory process staff conducted of each residence and acknowledged that the a discrepancy between the City's and CCNB's counts. He reported that the City can erify to date 503 beds and 85 facilities (28 are licensed). He stated that each facility will be invited to go through the use permit process. Volume 58 - Page 386 City of Newport Beach City Council Minutes January 22, 2008 K \I Assistant City Manager Kiff requested that the definition of Residential Care Facilities, General (page 9 of the ordinance) be amended to read, "...sites or buildings, licensed by the State..." Regarding Council Policy F -26 related to hearing officer qualifications for appeals authorized by NBMC Section 1.08.055, he recommended that the third bullet state, "If applicable, be a member of the California State Bar..." For decisions associated with Title 20, he recommended that the second sentence of the fourth bullet state, "Each candidate's potential conflicts of interests shall be reviewed..." , In response to Council questions, Assistant City Manager intent to have Mr. Markman's office assist the City candidates. Special Legal Counsel Markman indicated t candidate has had or currently has any financial interes operator, and if they have any ethical barriers. Motion by_CQUnciLMQmber Henn to a) adopt Residential Uses and the repeal of the Tempo that are Transitory in Nature, including the end General definition to read, "..sites or din Resolution No. 2008 -8 sunsetting the In d adopt Resolution No. 2008 -9 amending the a Committee on Group Residential Uses; d) recei Plan relating to new Use Permits and review of exi Policy F -26 (Hearing Officers) mj&the amendment appeals authorized by NBMC .055 (th member of the California Stat7hullet " a the second sentence of the fou to e, interests shall be reviewed..." licated that it is staffs ewing hearing officer will explore whether a ion to any group homes No. 2008 - ting to Group atorium on New INWential Uses nt to the Residential a Facilities, licensed by the State... "; b) adopt mtial Occupancy Committee (IROC); c) and term of the City Council Ad Hoc d file City staffs draft Implementation Use Permits; and e) adopt Council o cations for hearing officers for rd b ) to state, "If applicable, be a signs a ociated with Title 20, amend ftbcandidate's potential conflicts of The motion carried the following ll vote: Ayes: Council emb Henn, Coun Member Curry, Mayor Pro Tern Selich, Mayor Rosa Co it Member Web Council Member Daigle, Council Member Gardner n - SMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED E A UE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST OR U RGROUNDING UTILITIES AND DESIGNATION AS AN UTIL ES DISTRICT. [89/100 -2008) r ess announced that 64% of the ballots submitted were in favor of the s 'ct, for a total assessment of $1,107,858.87, and 36% of the ballots were p osition, for a total assessment of $611,569.02. M ob _ u ncil Member Webb to a) adopt Resolution No. 2008 -7 declaring the results ballot tabulation, approving the Assessment Engineer's Report, confirming the asseent for Assessment District No. 92, ordering the acquisition of improvements, and designating the area as an Underground Utilities District; and b) approve a budget amendment (08BA -042) in anticipation of the formation and approval of Assessment District No. 92 (the proposed budget amendment of $2,053,537 will provide $1,916,537 for the design, construction, financing and incidental contingencies and $137,000 to establish a bond reserve; increase revenue estimates by $1,916,537 and increase expenditure appropriations by $1,803,567; the difference of $112,970 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this District; and appropriate $28,018 for the related assessment on City -owned property within the Volume 58 - Page 387 City of Newport Beach City Council Minutes January 22, 2008 District). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XV. PUBLIC COMMENTS Wendy Brooks expressed support for Measure B and discussed reason r having City Hall in the park. Tom Moulson provided ten reasons why he will be voting no on asure Marcia Dossey discussed open space in the General Plan aJd indicated that ill be voting yes on Measure B. Dick Nichols discussed traffic issues and expressed s port Measure B. Debra Schultz discussed benefits of having C' the park and expressed support for Measure B. Jo Vandervort stated that she will be voting yes on Measur Seymour Beek indicated that he will be es on Measure Bill Ficker discussed the project and exp sed supp sure Karen Tringali expressed reasons why she opp to Measure B and discussed options. Ron Hendrickson discusse Defend the tigation and expressed support for Measure B. Jan Vandersloot exp sed reasons for g no on Measure B and expressed concern that Measure B is a Ci arter endment. Nancy Skinner expre s Hugh Loga ed w is voting no on Measure B. XVI. Hendrickson cusse ons why she will be voting yes on Measure B. Hoffman express her reas for opposing Measure B. s Otting discusse open space in the General Plan and expressed reasons why she will be kps on Measure Council Memb nn reported that the Environmental Quality Affairs Committee (EQAC) indicated that th will be considering whether to recommend that Council adopt a styrofoam ban in the City. He added that they also heard a presentation on Leadership in Energy and Environmental Design (LEED) building requirements. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR JANUARY 17, 2008. [100 -2008] Volume 58 - Page 388 City of Newport Beach City Council Minutes. January 22, 2008 Without objection, the item was received and filed. XIX. MOTION FOR RECONSIDERATION -None. XX.ADJOURNMENT - Adjourned at 10:45 p.m. in memory of Dr. Gary Clonts. The agenda for the Regular Meeting was posted on January 16, 2008 t 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport ch Administration Building. The supplemental agenda for the Regular Meeting was osted on January 18, 2008, at 1:58 p.m. on the City Hall Bulletin Board located outsi of the City of Newport Beach Administration Building. Volume 58 - Page 389