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Home My WebLink About05/24/2011 - Regular Meetingi :1 "� E "�� 'i ' ��;; f •� City Council Minutes City Council Regular Meeting May 24, 2011 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. 11. CLOSED SESSION - 5:05 p.m. A. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code S 54956.9(c)): Three matters: 1. Potential initiation of litigation involving the illegal sale of marijuana in violation of the City's Zoning Code and other regulations by The West Coast Cure, Inc., and Jerett Wasserman on property owned by James Jones located at 2814 Newport Blvd, Newport Beach, CA. 2. Potential initiation of litigation involving the illegal sale of marijuana in violation of the City's Zoning Code and other regulations by Natures Alternative Solutions on property owned by Beverly F. Mullan located at 3400 Irvine Ave, #117, Newport Beach, CA. 3. Potential initiation of litigation involving the illegal sale of marijuana in violation of the City's Zoning Code and other regulations by The Healing Tree on property owned by WB Commerce Plaza, LLC located at 4120 Birch St, #121, Newport Beach, CA. B. Conference with Labor Negotiators (Government Code S 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; Terri Cassidy, Human Resources Director Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Association (PA); City Employees Association (CEA); Newport Beach Professional & Technical Employees Association ("Prof- Tech"); Newport Beach Employees League (NB LEAGUE); Newport Beach Part - Time Unit (UPEC, Local 777) C. Conference with Real Property Negotiator (Government Code 6 54956.8): One matter. Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach City Negotiator: Dave Webb, City Engineer Negotiating Parties: Curtis Fossum State Lands Commission Under Negotiation: Resolution of boundary between Tidelands and Uplands D. Public Employee Performance Evaluation (Government Code $ 54957(b)(1)): Volume 60 - Page 152 City of Newport Beach City Council Minutes May 24, 2011 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. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT Assistant City Attorney Beauchamp reported that the City Council authorized staff to initiate nuisance abatement proceedings for Items IIA.1, II.A.2, and II.A. 3. VII. PLEDGE OF ALLEGLUNCE - Boy Scout Troop 90 VIII. INVOCATION -Melinda Blackman, Harbor Christian Church IX, PRESENTATION Newport Harbor High School Culinary Team Recognition - Mayor Henn presented the Newport Harbor High School Culinary Team with certificates. Steven Glyer, Director of the Culinary Career Technical Education (CTE), gave a brief history of the CTE pathway and mentioned their I" place achievements at the National Pro -Start Competition. Students Kellyn Perham and Jessenia Hernandez spoke regarding the management and culinary aspects of the competition. . X. NOTICE TO THE PUBLIC XI. 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 Selich announced that the Balboa Island Parade will be held on June 5, 2011 at 11:00 a.m. Council Member Hill wished his wife, Linda, a Happy Birthday. Mayor Pro Tem Gardner announced that the Corona del Mar 5K will be held on June 4, 2011. Mayor Henn announced that he attended the following events: Relay for Life, Chamber of Commerce Annual Dinner, Hyatt Jazz Festival, Employee Recognition Luncheon, Leadership Tomorrow Government Day, and Field of Flags. He also announced the following upcoming events: Athletic Awards, Visit Newport Beach Annual Dinner, and Flag Day. He reported that he will conduct the next 11feet the Mayor on June 11, 2011 from 9:00 a.m. to 10:30 a.m. at the West Newport Community Center. XII. CONSENT CALENDAR Volume 60 - Page 153 City of Newport Beach City Council Minutes May 24, 2011 A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MAY 10, 2011. [100 -20111 Waive reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR ADOPTION 3. WEST NEWPORT AMENDMENTS: A) 6480 W. COAST HIGHWAY (PA2010 -190) - KENNARD PROPERTY; B) 6904 W. COAST HIGHWAY (PA2011 -014) - THE NATIONAL CAT PROTECTION SOCIETY; AND C) 6908 -6936 W. COAST HIGHWAY (PA2010 -182) - FROG HOUSE - AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF TWO PROPERTIES (THE NATIONAL CAT PROTECTION SOCIETY AND THE FROG HOUSE) FROM TWO -UNIT RESIDENTIAL (RT AND RT -E) TO MIXED -USE VERTICAL (MU -V); AND ONE PROPERTY (KENNARD PROPERTY) FROM TWO -UNIT RESIDENTIAL (RT AND RT -E) TO GENERAL COMMERCIAL (GC). [100 -2011] Conduct second reading and adopt Ordinance No. 2011 -15 approving Code Amendment Nos. CA2010 -012, CA2011 -003, and CA2010 -013 to change the zoning districts. Council Member Rosansky recused himself from consideration of this item. 4. NORTH NEWPORT CENTER PLANNED COMMUNITY (NNCPC) DEVELOPMENT PLAN AMENDMENT (PA2011 -017) - THE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT TO INCORPORATE THE BLOCK 800 NEWPORT CENTER PLANNED COMMUNITY (PC -23) INTO THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PC- 56) AND A CODE AMENDMENT TO CHANGE THE ZONING CLASSIFICATION OF THIS PROPERTY FROM PC -23 TO PC -56; INCLUDES REVISIONS TO THE SIGN AND LIGHTING STANDARDS WITHIN THE PC -56 DEVELOPMENT PLAN; AND UPDATES THE DEVELOPMENT LIMITS TABLE TO REFLECT THE CITY COUNCIL'S PREVIOUS APPROVAL OF TRANSFERS OF DEVELOPMENT RIGHTS. [100 -2011] Conduct second reading and adopt Ordinance No. 2011 -16 approving Planned Community Development Plan Amendment No. PD2011 -001 and Code Amendment No. CA2011 -004. C. RESOLUTION FOR ADOPTION 6. FORMATION OF THE CITY COUNCIL REDISTRICTING COMMITTEE. [100 -20111 a) Adopt amended Resolution No. 2011 -42 establishing a City Council Redistricting Committee; and b) confirm Mayor Henn's appointment of Council Member Steven Rosansky (Chair), Mayor Pro Tem Nancy Gardner, and Council Member Keith Curry to the City Council Redistricting Committee. D. CONTRACTS AND AGREEMENTS Volume 60 - Page 154 City of Newport Beach City Council Minutes May 24, 2011 8. GRANT CITY MANAGER AUTHORITY TO ENTER INTO CONCESSION AGREEMENT(S) FOR CORONA DEL MAR STATE BEACH. [381100- 20111 Authorize the City Manager to enter into one or more concession agreements from May 27 through September 30, 2011, on terms approved by the Office of the City Attorney. E. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR MAY 19, 2011. [100 -20111 Receive and file written report. 10. RESERVE POLICY (F -2) UPDATE. [100 -20111 Adopt Resolution No. 2011- 43 revising Council Policy F -2. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the items removed (5 and 7); and noting the recusal by Council Member Rosansky on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member. Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. LOUD AND UNRULY GATHERING ORDINANCE. [100 -20111 Brent Barbata thanked Council Members Daigle and Selich for their opposition to the ordinance. He proceeded to read a letter, believing that the passage of the ordinance would infringe upon the rights of the people. He also referenced California Penal Code Section 415, mentioned his concern regarding the Fourth Amendment, and urged Council to opposed the proposed ordinance in its current form. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to adopt Ordinance No. 2011 -13 adding Newport Beach Municipal Code Chapter 10.66 pertaining to Loud and Unruly Gatherings and amending Newport Beach Municipal Code Sections 5.95.060 and 5.95.065 pertaining to Short Term Lodging Units. The motion carried by the following roll call vote Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Curry Noes: Council Member Selicb, Council Member Daigle NEWPORT COAST ASBS AND BIG CANYON ASSESSMENT AND PROTECTION PROGRAMS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. (C- 3870). [38,1100 -20111 In response to inquiries from Mayor Pro Tem Gardner, Public Works Director Badum confirmed that all of the listed programs in the grant are agreed upon projects and the list cannot be revised. Motion by Mayor Pro Tem Gardner, seconded by Council Member Curry to a) approve Budget Amendment No. 11BA -043 recognizing a contribution of $2,500,000 from the State Proposition 84 ASBS Grant to Account No. 255 -482B and appropriating Volume 60 - Page 155 City of Newport Beach City Council Minutes May 24, 2011 $563,000 to Account No. 7255- C5002006 for Newport Coast ASBS Monitoring; $795,000 to Account No. 7255- C5002007 for Newport Coast ASBS Runoff Reduction Program; and $112,000 to Account No. 7255- C5002008 for Newport Coast ASBS Public Impact Reduction Program; and transferring $49,818 in project savings from Account No. 7013- C2202000 to Account No. 7014- C5002006; and b) approve a Professional Services Agreement with Weston Solutions Inc. of Carlsbad, at a cost not to exceed $697,818, and authorize the Mayor and City Clerk to execute the Agreement (C- 3870). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIV. PUBLIC COMMENTS -None XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on the Citizen Aviation Committee meeting, the election held before the Land Use Commission, and thanked Council Member Selich for his hard work in building the City's relationship with other municipalities relative to airport issues. Council Member Curry reported on the Association of Orange County Cities Executive Board meeting and the major public policy issues confronting all Orange County cities, including public pensions and the potential dissolution of redevelopment agencies. Council Member Selich reported on the Building Committee meeting and the progress of the Civic Center and Park project. Mayor Pro Tern Gardner reported on the Harbor Commission and Coastal/Bay Water Quality Committees' joint meeting. Mayor Henn reported on the Neighborhood Revitalization Committee and the Tidelands Management Committee meetings. XVI. PUBLIC HEARINGS 11. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021) - 20311 ACACIA STREET. [100 -20111 Council Member Daigle recused herself from the consideration of this item and left the dais. Mayor Henn opened the public hearing. Jim Mosher expressed his concerns regarding the code language and height variances for wireless projects. Sharon Heard, representing Acacia Plaza, referenced a letter indicating that they do not plan to support the proposal and believed that it is in violation of the CC &R governing the property. She requested that this item be permanently removed from Council's calendar. Hearing no further testimony, Mayor Henn closed the public hearing Volume 60 - Page 156 City of Newport Beach City Council Minutes May 24, 2011 Motion by Council Member Curry, seconded by Council Member Selich to continue the public hearing to the June 14, 2011 City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Without objection and with the concurrence of Council, Mayor Henn requested that that Items 12, 13 and 14 be considered together. 12. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT AGREEMENT (PA2009 -023) (C- 4014). [381100 -20111 13. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT (PA2009 -024) (C- 3058). [38 1100 -20111 14. ANNUAL REVIEW OF THE FLETCHER JONES MOTORCARS DEVELOPMENT AGREEMENT (PA2009 -052) (C- 3067). [381100 -20111 Acting Planning Director Campbell provided a staff report on all the items and clarified the modifications for the Fletcher Jones Motorcars Development Agreement. Mayor Henn opened the public hearing. There being no public testimony on Items 12,13 and 14, he closed the public hearing. Motion by Council Member Curry, seconded by Council Member Selich to a) find that the North Newport Center Development Agreement (PA2009 -023) (C -4014) applicant has demonstrated good faith compliance with the terms of the Development Agreement and to receive and file the Annual Report of the Development Agreement for North Newport Center; b) find that the Pacific View Memorial Park Development Agreement (PA2009 -024) (C -3058) applicant has demonstrated good faith compliance with the terms of the Development Agreement and to receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park; and c) find that the Fletcher Jones Motorcars Development Agreement (PA2009 -052) (C -3067) applicant has demonstrated good faith compliance with the terms of the Development Agreement and to receive and file the Annual Report of the Development Agreement for Fletcher Jones Motorcars. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 15. MALARKY S IRISH PUB APPEAL (PA2010 -172) - 3011 NEWPORT BOULEVARD - AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. UP2010 -039 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002, AUTHORIZING THE EXPANSION AND REMODEL OF AN EXISTING EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS AND ALLOWING THE USE OF OFF -SITE PARKING. [100 -20111 Mayor Henn noted that the applicant is requesting to withdraw his application. Mario Marovic, Malarky's Irish Pub, thanked the City Council and staff for the opportunity to withdraw his application. Volume 60 - Page 157 City of Newport Beach City Council Minutes May 24, 2011 In response to Council inquires, Acting Planning Director Campbell and Assistant City Attorney Beauchamp clarified that Malarky's Irish Pub will continue to operate pursuant to the existing permit and conditions; confirmed that the appeal nullifies the Planning Commission's action so it would take an affirmative vote by Council to approve the project; and clarified that the appeal was made by Council Member Hill, not Mr. Marovic. Mayor Henn noted that since the application was withdrawn there was no action to be taken by Council. XVII. CURRENT BUSINESS 16. QUARTERLY BUSINESS REPORT (QBR) UPDATE. 1100 -20111 City Manager Kiff highlighted the Quarterly Business Report (QBR). Council Member Rosansky noted that the QBR was an excellent and informative report Mayor Pro Tern Gardner expressed her concern regarding Item 8. In response to Council inquires, City Manager Kiff mentioned that the consultant's first work product regarding Item 3 (Harbor Fees) would be available next week and mentioned that a date has not been scheduled yet for the Group Homes Mini - Conference (Item 5). XVIII. MOTION FOR RECONSIDERATION - None XDL ADJOURNMENT -Adjourned at 8:03 p.m. in memory of Thomas L. Woodruff The agenda for the Regular Meeting was posted on May 19, 2011, at 5:06 p.m. on the. City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk am Recording Sec etary Mayor Volume 60 - Page 158 J*