HomeMy WebLinkAbout10/26/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
October 26, 2010 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:23 p.m
A. Conference with Legal Counsel - Existing Litigation (Government Code S
54956.9(a)): One matter:
L]
City of Newport Beach .v. Bach Bay .Court, LLC, Orange County Superior Court
Case No. 30-2010-00385190
One matter:
Potential litigation regarding threat of notice of violation from California Coastal
Commission for brush clearance allegedly being performed without a Coastal
Development Permit on City Sunset Ridge Park property prior to City ownership.
C. Conference with Labor Negotiators (Government Code S 54957.6):
Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director
Terri Cassidy
Emplovee Organizations: Newport Beach City Employees Association (CEA); Newport
Beach Professional and Technical Employees Association (Prof - Tech); Fire Management
Association (FMA)
D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of one public employee.
Title: City Attorney
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that Council took no action relative to the Closed Session items
listed on the agenda; however, announced that the City prevailed in a series of critical motions
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for summary judgment filed in the Pacific Shores Properties LLC, et al u. City of Newport
Beach litigation.
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION - Jim de Boom, Newport Mesa Irvine Interfaith Council
►®
Cultural Arts Grant Checks Presented by the City Council and the City Arts
Commission - City Arts Commission Chair Grant provided the annual report and presented
the Human Services Grants to Youth Employee Services, Serving People in Need (SPIN),
Orange County Council on Aging, Advocates for Grandparent - Grandchild Connection, Central
Coast YMCA, and Newport Harbor High School.
X. NOTICE TO THE PUBLIC
M. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)
Council Member Daigle announced that she attended the Corona del Mar Home Tour and the
Central Library completed its first season of What's Cooking. She also reported that the library
will be participating in National Novel Writing Month in November.
Council Member Gardner announced that Police Chief Johnson held a meeting with members of
the cycling community. She also requested that a study session item come forward regarding
2901 West Coast Highway and the issue related to the large charter boat so staff could receive
direction from Council.
Council Member Webb announced that he has almost completed his goal of walking the
entire City prior to his second Council term expiring.
Mayor Curry announced that he conducted his 8th Meet the Mayor session and that the Upper
Bay Project dedication will take place on November 6. He announced that all three bond rating
agencies awarded the City with a AAA- rating and the highest possible rating for Certificates of
Participation (COPS).
MI. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
C.
1. MINUTES FOR THE REGULAR MEETING OF OCTOBER 12, 2010. [100-
2010] Waive reading of subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. [100 -2010] Waive
reading in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
6. CITY HALL AND LIMITED OFFSITE HOLIDAY CLOSURE (C -2051, C-
2056, C -2058, C -2059, C -2060, C -2065, C -2932, C -2946, and C- 3288).
[381100 -2010] Approve the closure of the City Hall complex and provide limited
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City services at off -site facilities from Friday, December 24, 2010, through and
including Friday, December 31, 2010 (the proposed City Hall closure does not
apply to Public Safety or other essential functions that provide necessary
municipal services).
D. CONTRACTS AND AGREEMENTS
8. BUDGET AMENDMENT FOR THE PURCHASE OF A CNG- POWERED
VAN FOR OASIS. [381100 -20101 Approve Budget Amendment No. 11BA -015
in the amount of $27,976 to utilize Air Quality Management District (AQMD)
funds for an increase in cost due to the selection of CNG power for an OASIS
van scheduled for replacement.
9. PLAYGROUND RESILIENT SURFACE RENOVATION - PHASE 2 -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4494.[38/100-
20101 a) Accept the completed work and authorize the City Clerk to file a
Notice of Completion; b) authorize the City Clerk to release the Labor and
Materials Bond 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code; and c) release the
Faithful Performance Bond one year after Council acceptance.
10. CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS - AWARD
OF CONTRACT NO. 4507. [381100 -20101 a) Approve the project drawings
and specifications; b). reject the bid from A2Z Construction, Inc. as non -
responsible; c) award Contract No. 4507 to Pointer Enterprises for the total bid
price of $84,635, and authorize the Mayor and the City Clerk to execute the
contract; d) establish an amount of $8,500 to cover the cost of unforeseen work;
and e) approve Budget Amendment No. 11BA -013 recognizing an additional
$6,320 in State of California Department of Parks and Recreation 2002
Resources Bond Act Grant funding and appropriating $6,320 to Account No.
7251- C1002023.
E. MISCELLANEOUS
11. CORONA DEL MAR PERMANENT BANNER SIGN FRAME. [100 -20101
Receive and file.
12. PLANNING COMMISSION AGENDA FOR OCTOBER 19, 2010. [100-
20101 Receive and file written report.
Motion by Mayor Pro Tem. Henn: seconded by Council Member Rosanskv to
approve the Consent Calendar, except for the items removed (3, 4, 5, 7, 13 and 14).
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIIL ITEMS REMOVED FROM THE CONSENT CALENDAR
S. SECOND READING AND ADOPTION OF CIVIL SERVICE ORDINANCE NO.
2010 -20, NEWPORT BEACH MUNICIPAL CODE CHAPTER 2.24 REGARDING
THE CIVIL SERVICE SYSTEM TO CONDITIONALLY REPLACE THE
CURRENT' CHAPTER 2.24 ADOPTED VIA ORDINANCE NO. 866, AND
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ADOPTING A RESOLUTION AMENDING THE CIVIL SERVICE BOARD
RULES AND REGULATIONS. [100 -2010]
Dick Nichols requested and received clarification that Council only hires the City
Manager, City Attorney; and City Clerk; the hiring of Department Directors is handled
by the City Manager; and this form of government has not changed from what is
currently written in the municipal code.
Dr. Judy Rosener questioned the need to vote on the ordinance if nothing changed.
Council Member Gardner clarified that the City Manager's authority is not changing,
but other amendments to the Civil Service System are being proposed in the ordinance
should Measure V pass.
Motion by Council Member Webb, seconded by Council Member Gardner to a)
conduct second reading and adopt Ordinance No. 2010 -20 pertaining to the Civil
Service System (Newport Beach Municipal Code Section 2.24); and b) adopt Resolution
No. 2010 -119 amending the Civil Service Board Rules and Regulations.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
4. ZONING CODE UPDATE (PA2009 -034) - CODE AMENDMENT NO. 2009 -001.
[681100 -2010]
In response to Jim Mosher's questions, City Attorney Hunt discussed Charter Section
414 regarding publishing ordinances. He indicated that an ordinance summary of the
Zoning Code will need to be published and the City Clerk's Office has prepared the
summary in accordance with the Government Code in the event Measure V passes. He
confirmed that publishing the entire ordinance would cost about $128,000.
Lori Morris noted that she would support Measure V if ordinance publications was the
only issue; however, she pointed out that Measure V contains 14 issues in one question.
Tom Billings agreed with Ms. Morris and believed that Measure V is complicated.
In response to Dick Nichols' questions, Acting Planning Director Campbell clarified that
the Zoning Code covers the entire City, the Floor Area Ratio (FAR) is not changing in
Corona del Mar; the Zoning Code .was vetted in over 45 meetings, and the document is
over 440 pages. He reported that Section 20.37.100.C.1.a needs to be removed and that
staff will periodically bring clean -up amendments to Council for adoption.
Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to conduct
second reading and adopt Ordinance No. 2010 -21 relating to the comprehensive Zoning
Code Update (the draft Zoning Code Update was prepared to implement the City's Land
Use Element and other policies affecting land use and development contained in the
2006 General Plan).
5. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO
FAIRCHILD ROAD) - ADOPTION OF MITIGATED NEGATIVE
DECLARATION. [100 -2010]
In response to Dick Nichols' question, Council Member Daigle reported that the project
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will try to improve the area's level of service as it relates to traffic capacity.
Motion by Council Member Webb, seconded by Mayor Pro Tem Henn to a)
approve the conceptual design of the Jamboree Road Improvements (Bristol Street
North to Fairchild Road) Project; and b) adopt Resolution No. 2010 -120 adopting a
Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting
Program (MMRP) on the basis of the entire environmental review record.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
CONSIDERATION OF CREATION OF A REAGAN CENTENNIAL
COMMISSION AND ADOPTION OF A RESOLUTION ESTABLISHING THE
RONALD REAGAN CENTENNIAL COMMISSION. [100 -20101
Council Member Selich believed that the formation of a commission is premature
without a recommendation from the Parks, Beaches and Recreation Commission.
Motion by Council Member Selich. seconded by Council Member Gardner to
postpone forming the Newport Beach Ronald Reagan Centennial Commission until the
City Council receives a recommendation from the Parks, Beaches and Recreation
Commission.
Mayor Curry stated that he is recommending that the issue not come back to Council
until PB &Rand the Reagan Commission present recommendations. He pointed out the
time constraint with former President Reagan's 100th birthday coming in February
2011. He also noted how the 54 parks have been named.
Council Member Rosansky indicated that he is not opposed to honoring former
President Reagan, but noted that the establishment of the 1/1 memorial was not a City -
run committee. He recommended having interested parties work with staff in
developing an appropriate way to honor him and still have PB &R review the issue.
Council Member Daigle requested that the City take the residents' views into
consideration who live around the perspective park. She stated that PB &R and Council
are the appropriate bodies to make decisions about park signage.
Laura Curran believed that this is an unnecessary diversion of resources.
The motion failed by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Council Member Gardner.
Noes: Mayor Pro Tem Henn, Mayor Curry, Council Member Daigle
Abstain: Council Member Webb
Motion by Mayor Curry, seconded by Mayor Pro Tem Henn to a) adopt
Resolution No. 2010 -121 creating a. Ronald Reagan Centennial Commission; b) solicit
applications for participation on the Commission; c) establish the number of members of
the Commission at eight members selected by the Council with a chairman appointed
by the Mayor; d) appoint a subcommittee for reviewing applications and recommending
appointment to the Commission; e) establish the purpose of the Commission; and f)
direct the Recreation and Senior Services Department to provide staffing to the
Commission. The item will come back to Council after the Parks, Beaches and
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Recreation Commission and the Reagan Centennial Commission have made
recommendations so that Council fully understands the details, the costs, and who will
pay for the memorial.
The motion failed by the following roll call vote:
Ayes: Mayor Pro Tem Henn, Mayor Curry, Council Member Daigle
Noes: Council Member Selich, Council Member Rosansky, Council Member Gardner
Abstain: Council Member Webb
13. HUMAN SERVICES GRANT 2010-2011.[100-20101
In response to Dick Nichols' questions, City Manager Kiff indicated that the City has
been providing grants since 1985 and that organizations apply to receive the grants.
Motion by Council Member Webb, seconded by Council Member Gardner to
authorize the allocation of $25,000 in Human Services Grants to a) Youth Employment
Services (Harbor Area) - $5,000; b) Serving People in Need (SPIN) - $3,500; c) Orange
County Council on Aging - $4,500; d) Advocates for Grandparent - Grandchild
Connection - $4,000; e) Central Coast YMCA - $5,000; and f) Newport Harbor High
School - $3,000.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
14. UTILITY CONNECTION GRANT PROGRAM POLICY AMENDMENT. [100-
2010]
Dick Nichols questioned the need for the program.
Motion by Council Member Webb, seconded by Mayor Pro Tem Henn to
approve the proposed amended Policy to allow for the participation of eligible
households on a reimbursement basis subject to submission of qualifying
documentation.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that Council Member Gardner, staff, and she met with the
Army Corps of Engineers relative to the Upper and Lower Bay dredging projects, and the Rhine
Channel dredging project. Council Member Gardner added that there was also discussion about
dredging the Newport Slough and Santa Ana River Marsh.
Council Member Gardner reported that the Newport Bay Executive Committee discussed the
selenium issues and stated that the costs involved to mitigate the issue will be allocated to the
various cities.
XV. PUBLIC HEARINGS
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15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO
UNITED PACIFIC WASTE, A CALIFORNIA CORPORATION. [421100 -20101
City Manager Kiff provided a staff report.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Rosansky, seconded by Council Member Webb to
conduct second reading and adopt Ordinance No. 2010 -19 relating to the award of a
Non- exclusive Solid Waste Franchise to United Pacific Waste, a California corporation.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
16. NEWPORT BUSINESS 'PLAZA (PA2008 -164) - 4699 JAMBOREE ROAD AND
5190 CAMPUS DRIVE. [100 -20101
Associate Planner Brown utilized a PowerPoint presentation to display Statistical Area
L4 (Airport Area), the vicinity map; and the proposed business plaza. She highlighted
the proposed plan and discussed the Planning Commission's approval. She reviewed
the recommendations and noted that there is also a recommendation to waive the
requirement for a development agreement.
In response to Council Member Rosansky's questions, Associate Planner Brown
highlighted the three findings. Acting Planning Director Campbell indicated that staff
did not believe a development agreement was needed because of the size of the project.
Council Member Daigle emphasized the opportunity to revitalize the area, especially
since it is the gateway into the City.
Council Member Gardner requested and received clarification from Acting Planning
Director Campbell regarding the traffic model, assumptions made when calculating
trips, and the reason for the net decrease in vehicle trips. He added that the General
Plan Amendment is based on gross square footage, whereas the Planned Community
Amendment is based on net square footage. He confirmed that there is a discrepancy
between the square footage on the ground and the actual planned community text.
Mayor Curry opened the public hearing.
Meg Shockley, project representative, stated that the principals for the project and the
project architect are in attendance if Council had any questions.
Laura Curran requested more details about the project and stated that she is unsure
how this project could impact her or the environment. She noted that this project did
not go before the Environmental Quality Affairs Committee (EQAC).
Lori Morris noted that she had difficulty viewing the staff report online. She
questioned why the requirement for a development agreement would be waived, and
asked if there are entitlements and if this project falls under Greenlight.
Acting Planning Director Campbell noted that the application is for a general plan
amendment to increase entitlement and that this type of project does not require
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EQAC's review.
Evan Raabe, project architect, displayed the project location and proposed project plan,
and noted that the only residences near the project live in high rise towers. He stated
that it is the applicant's intent to create a gateway into the City from Irvine.
Hearing no further testimony, Mayor Curry closed the public hearing.
Council Member Rosansky noted that he and Council Member Selich sit on a committee
to negotiate development agreements for a couple of projects, and questioned why the
City has not sat with the developer to talk about the possibility of having a
development agreement.
Motion by Council Member Rosansky, seconded by Council Member Gardner
to continue the item until the City can have further discussions with the applicant
about having a development agreement.
Council Member Daigle stated that staff can make technical findings relative to the
project and indicated that she will not be supporting the continuance since this project
is small compared to the other projects that have development agreements. Further,
she reiterated the importance of having economic revitalization in the area and creating
some type of gateway into the City.
In response to Council questions; Acting Planning Director Campbell reported that
NBMC Section 15.45 requires that new non- residential development in the Airport
Area requires a development agreement, noting that there is a provision that allows for
a waiver of a development agreement. .Council Member Selich noted that the project is
11,000 square feet and questioned why it does not need a development agreement.
Substitute motion by Council Member Daigle, seconded by Mayor Pro Tem
Henn to adopt Resolution No. 2010422 documenting the following City Council
actions: 1) adopt the Mitigated Negative Declaration, including the Mitigation
Monitoring and Reporting Program; 2) approve General Plan Amendment No. 2008.
007; 3) approve Tentative Parcel Map No. 2010 -006; and 4) waive the requirement for a
Development Agreement; and c) introduce Ordinance No. 2010 -22 approving Planned
Community Development Plan Amendment No. PD2009 -001, and pass to a second
reading for adoption on November 9, 2010.
Mayor Curry believed that, in the interest of economic revitalization in this part of the
City and due to the size of the project, a development agreement is not necessary.
The substitute motion failed by the following roll call vote:
Ayes: Mayor Pro Tem Henn, Mayor Curry, Council Member Daigle
Noes: Council Member Selich, Council Member Rosansky, Council Member Webb,
Council Member Gardner
Council Member Rosansky pointed out that this issue will not just be inclusive of this
project since there are other developers who will be entering into a development
agreement with the City. He stated that City staff can meet with the applicant
regarding the development agreement issue.
Following discussion, City Attorney Hunt indicated that Council can continue the
matter and create a subcommittee or direct staff to meet with the applicant and come
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back to Council with a recommendation on whether to enter into a development
agreement. He indicated that the recommendation can come back on November 23;
however, if a development agreement is needed, it will need to come off Council's
agenda so it could be heard by the Planning Commission since it changes the project.
Amended motion by Council Member Rosanskv. seconded by Council Member
Gardner to a) continue the item to the November 23 meeting; and b) direct City staff to
make a recommendation to the City Council as to whether the City and applicant
should enter into a development agreement.
The amended motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XVI. PUBLIC COMMENT
Mayor Curry recognized that most of the audience was in attendance to speak about the
Morningside Recovery home that opened at 533 Via Lido Soud on Lido Island and noted that
Council has received their emails.
City Manager Kiff provided a statement relative to his meeting with the residents last
Thursday and emphasized that the City does intend to enforce its laws.
City Attorney Hunt emphasized that the City is concerned with what happened on Lido Island
but is in a difficult position. He stated.that Morningside Recovery is not in violation of the
zoning agreement's terms that were approved on September 28, but noted that the agreement is
currently not in effect. He emphasized that the City takes enforcement very seriously, pointed
out that Sober Living by the Sea's review will be on the next agenda, at least three staff
members are dedicated to group homes issues; and Morningside's decision to open on Lido
Island was vetted with the City but the timing was a surprise. He reported that, even though
the zoning agreement is not in effect until December 28, Morningside has made a verbal
commitment to honor the terms. He stated that they are exempt from Ordinance No. 2008 -5
during the period between the adoption of the zoning agreement and the effective date.
Willis Longyear stated that over 100 people showed up to Morningside's open house and took
issue with City Manager Kiffs comments that day. He believed that Morningside's lease is
invalid and requested that the City require. Morningside to cease its operation at least until
December 28 and the validity of the lease is established.
Bettina Deininger believed that the property was leased without all the heirs signing it. She
took issue with City Manager Kiffs comments, noted that the City should insist that staff
enforce its ordinances, and the facility should cease its operation.
Lori Morris believed that the facility is acting as a satellite facility and the City has some type
of connection with Morningside and Sober Living by the Sea. She believed that the taxpayers
will end up paying for the lawsuits if the facilities are not responsible for its clients.
Edward Cook indicated that he discovered the flaw in the lease. He reported that he is building
a home near the facility and expressed concern for his children when they move in. He believed
the residents of the facility are not honorable and urged the City to protect Lido Island
residents' rights.
Tom Billings expressed his opposition to the facility being opened on Lido Island which has
never had a business operating on the Island and which is a dense residential neighborhood.
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He pointed out that Council and staff are supposed to be stewards of the City's quality of life
and requested that they fight for the residents.
Mayor Curry left the meeting at 8:50 p.m.
Cynthia Koller relayed her experiences with Morningside, believed that this facility is not
following ADP guidelines, and took issue that the City is not enforcing its ordinances.
Denys Oberman stated that residents report nuisances every day but the City does not enforce
its ordinances. She asked about the residents' rights and believed that this is a land use
management issue. She urged the City to enforce the integral facility provisions and took issue
that Morningside discovered a loophole to the agreement. She questioned whether they will
open more facilities on Lido Island.
Paul Weinberg emphasized that homes are too close together on Lido Island and that this
facility is an incompatible use. He asked why the City did not tell the residents once it found
out.
Jack Thomson indicated that he is the next door neighbor to the facility, reported on the
violations that occur at the facility, and expressed concern for the impacts on their property
values.
Mike Zawadski expressed his disappointment with Morningside for violating the spirit of the
agreement by moving forward with the facility before the agreement was in effect. He believed
that Morningside is putting their profits ahead of their patients' confidentiality and took issue
with the amount of smoking that occurs at the facility.
Dr. Judy Rosener questioned the connection between the group homes and members of Council
and staff, and asked why the City cannot control this issue.
John Wallace expressed concern relative to the bed count and asked whether Morningside will
be opening more facilities on Lido Island.
Mary Helen Beatificato, legal representative for Morningside Recovery, stated that Morningside
has made many concessions to appease the concerns of the public. She highlighted the zoning
agreement and pointed out that there'is a cap on the number of ADP licensed facilities they can
have in the City. She stated that the locations in the zoning agreement were not set in stone
and that the Lido Island facility does not violate the agreement. She assured the audience that
no member of Council or staff have a relationship with Morningside.
Julie Ackerman noted that Lido Island is their home and not a business, and took exception to
being surprised about the facility.
Victoria Zawadski expressed concern that the facility participants have no confidentiality and
that the facility is violating many of the conditions in the agreement. She requested that the
City enforce the agreement.
Roger McGregor stated that he has not seen an issue unite Lido Island like this. He believed
that, under current code, the facility is not authorized to be there and requested that the City
remove them.
Laura Sharp expressed concern about what the City can do in these instances and asked about
penalties.
Candice Bruce, Morningside Recovery, apologized for the miscommunication relative to them
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moving in before the effective date of the agreement. She stated that they have been quick to
respond to issues that are brought to their attention and intend to abide by the terms of the
agreement even though it technically is not in effect. She indicated that it is not necessary for
the facility to be Health Protection Act (HPA) compliant. She discussed issues that have
occurred with residents to the facility residents. She stated that they are considering making
the facility a non - smoking facility and that it is not their intention to have other houses located
on Lido Island. She noted that they are at their capacity as indicated in the agreement.
In response to Mayor Pro Tom Henn's questions, Ms. Beatificato indicated that they are willing
to abide by the zoning agreement and are currently complying with the agreement.
Mayor Pro Tem Henn pointed out that this item is not on the agenda and Council is not in a
position to make a decision tonight. He assured everyone that they will take all comments to
heart and will work on resolving this issue.
Regarding Ordinance No. 2008 -5, City. Attorney Hunt reported that the zoning agreement
states that there is a stay on enforcing the ordinance pending the effective date. Further, the
ordinance does not direct where an operator may or may not locate, but only sets parameters.
He reported that the City would normally not be able to prevent Morningside from placing six
and under facilities in the City; however, accepted a cap on these types of facilities.
City Manager Kiff confirmed that Morningside consulted him relative to whether three possible
homes would be in compliant, but he now realized that he should have told Ms. Bruce that
Morningside should wait until the December 28 effective date. City Attorney Hunt pointed out
that the City does not have any standing regarding the lease.
In response to Council questions, City Attorney Hunt stated that staff discouraged locating to
this site, but they are currently consistent with the law and meet the parameters of the zoning
agreement. As far as penalties and sanctions, he stated that the Planning Commission included
a provision that allows for notices of violations, fines, and termination of the agreement. He
indicated that the City will be looking at reallocating resources to the issue. He noted that, at
the November 9 meeting, staff will provide information regarding improvements to, and
enforcement of the Sober Living by the Sea Development agreement, as well as the City's
posture on enforcement of Ordinance 2008 -05.
City Manager Kiff noted that group homes are located throughout the City, not just West
Newport; however, the number of beds have dramatically decreased since 2007. He encouraged
the public to look on ADP's website to see where the licensed facilities are located in the City
and other communities. He highlighted the City's attempts to change legislation and indicated
that the City has the budget to hire more code enforcement officers if that is the Council's
desire.
Mayor Pro Tem Henn stated that the City will be looking closely at this issue so it can provide a
better outcome for the residents, as well as residents of the facility. He believed that the City
was on a good track with Morningside and that the City was going to be the beneficiary of real
and substantially improved standards. He emphasized that the City is going to do its best to
make the situation better. He stated that he lives on the Peninsula and his daughter and her
family live on Lido Island. He assured everyone. that this is a high priority for himself, as well
as for Council as a whole. He noted that Council and staff have spent the last four years and
$2 million dealing with this issue on behalf of the residents to make it better and establish a
balance. He pointed out that the City has made substantial progress through its efforts in
court. He added that the City s ordinance is the most aggressive ordinance in the State, maybe
in the country. He reported that Council voted unanimously over the last four years to devote
time, energy and resources to make the problem better. He noted that the bed count has
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decreased from 700 -800 beds to 200 -250 beds. He pledged that Council will continue to work to
make the situation better.
Jim Mosher believed that the City is not following Charter Sections 407, 412 and 421.
XVII. CURRENT BUSINESS
17. DEFEASANCE OF THE 1998 LIBRARY CERTIFICATES OF PARTICIPATION.
[100 -20101
City Manager Kiff reviewed the recommendations outlined in the staff report.
Motion by Council Member Rosansky. seconded by Council Member Webb to a)
adopt Resolution No. 2010 -123 authorizing the defeasance of the 1998 Library
Certificates of Participation; b) authorize staff to execute the Escrow Agreement
substantially to form; and c) approve Budget Amendment No. I IBA -014 appropriating
an additional $3,630,000 from General Fund appropriations reserves to defease the
1998 Library Certificates of Participation.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Council Member Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Curry
18. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER
PLANNED COMMUNITY (PA2010 -122). [100 -20101
Acting Planning Director Campbell. reported that the transfer does not increase the
total square footage in Newport Center and there is no traffic impact.
Dan Miller, The Irvine Company, stated that the transfer is needed in order to finalize
drawings prior to pulling a building permit. He indicated that this probably will not be
the last of the square footage transfers, but assured Council that the area will not have
an increase in square footage.
Motion by Council Member Gardner, seconded by Council Member Webb to
adopt Resolution No. 2010 -124 which approves a) a transfer of development rights in
the North Newport Center Planned Community for 1) 75,878 square feet of general
office from Block 100 to San Joaquin Plaza and 2) 45,236 square feet of general office
from Block 100 to Block 600, and b) the relocation of 430 unbuilt residential units from
San Joaquin Plaza to Block 500.
Laura Curran requested that more descriptive diagrams be included in the staff
reports.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Council Member Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Curry
XVIII. MOTION FOR RECONSIDERATION - None
Volume 59 - Page 616
City of Newport Beach.
City Council Minutes
October 26, 2010
XIX. ADJOURNMENT - Adjourned back into Closed Session at 9:53 p.m. in memory of
Richard Stevens and Pat Herzog.
The City Council reconvened at 10:30 p.m. and announced that no reportable action
was taken during the Closed Session. The meeting adjourned at 10:32 p.m.
The agenda for the Regular Meeting was posted on October 20, 2010, at 2:05 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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Recording Secretary
Mayor
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City Clerk
Volume 59 - Page 617