HomeMy WebLinkAbout06/14/2011 - Regular MeetingCity Council Minutes
City Council Regular Meeting
June 14, 2011 — 7:00 p.m.
I. STUDY SESSION - 3:00 p.m.
II. CLOSED SESSION - 4:26 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code &
54956.9(a)): Three matters:
1. Pacific Shores o. Newport Beach, USDC Ninth Circuit Case No. SACV 08-
00457 JVS (RNBx) /USDC Case No: 11 -55460
2. Newport Coast Recovery and Yellowstone Recovery v. City of Newport
Beach U.S. District Court Case No. SACV 09 -0701 DOC (ANx)
3. MORN v. City of Newport Beach; OCSC Case No. 30 -0211- 00447004
B. Conference with Legal Counsel -Anticipated Litigation - Initiation of Litigation
(Government Code S 54956.9(c)): Two matters:
1. Potential initiation of litigation against Morningside Recovery, LLC for failure to
comply with Zoning Agreement.
2. Potential initiation of litigation against Dennis Holland to abate a public
nuisance due to a violation of Newport Beach Municipal Code Chapter 10.64 at
2200 Holiday.
C. Conference with Labor Negotiators (Government Code 5 54957.6):
Aaencv Designated Representatives: Dave Kill, City Manager, Terri Cassidy, Human
Resources Director
Emplovee Organization: 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 Employees Association (PEA); 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)
D. Public Employee Performance Evaluation (Government Code $ 54957(b)(1))i 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
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IV. RECONVENE 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
City Attorney Hunt reported that by a vote of 7 -0, the City Council authorized proceeding with a
civil action against Dennis Holland under Chapter 10.64 of the Newport Beach Municipal Code to
abate a public nuisance at 2200 Holiday (Item B.2).
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Gardner
VIII. INVOCATION -Reverend Tim McCalmont, Presbyterian Church of the Covenant
IX. PRESENTATIONS
City of Newport Beach Youth Council
Disneyland Scholarship Program - Mayor Henn read and presented a proclamation to Abbey
Michelson for being awarded the Disneyland Scholarship.
Leaders of Environmental Action Films (LEAF) Winner - LEAF Founder Anna Rothwell
described LEAF's mission and announced that two film entries from Newport Beach were in the
Top 15 Finalists. More information can be found atwww.leaf- rocks.com.
Citizen of the Year - Tom Johnson - Mayor Henn read a proclamation which proclaimed Tom
Johnson as the " 2011 Newport Beach Citizen of the Year"
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 Daigle reported that she attended the Annual Meeting of Stop Polluting Our
Newport (SPON) on Saturday, June 11, and a MiOcean meeting.
Council Member Selich announced the 361h Annual Irrelevant Week events honoring 2011 NFL
Mr. Irrelevant, Cheta Ozougwu, of the Houston Texans.
Council Member Hill reported attending the 50th Annual Athletic Awards Banquet sponsored by
the Newport Beach Chamber of Commerce.
Mayor Henn reported attending the grand opening of the Pavilion Store on June 11, the Corona
del Mar 5K Fun Run on June 4, the Balboa Island Parade on June 5, the Newport Harbor High
School Character Awards on June 7, the Visit Newport Beach Annual Dinner on June 8, a Meet
The Mayor on June 11, and a fundraising event for Autism at the home of Barry Saywitz on June
11.. He announced the Tidelands Management Committee Meeting to be held on June 15, and
the Neighborhood Revitalization Committee Meeting to be held on June 16.
XII. CONSENT CALENDAR
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A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF
MAY 24, 2011. [100 -2011] Waive reading of subject minutes, approve as
written, 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.
C. RESOLUTIONS FOR ADOPTION
4. ADOPTION OF FISCAL YEAR 2011 -12 APPROPRIATIONS LIMIT. [100-
2011] Adopt Resolution No. 2011 -45 adopting the City's Appropriation (Gann)
Limit for Fiscal Year 2011 -12 in the amount of $144,448,989.
5. AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR AND /OR CITY
ENGINEER TO EXECUTE AGREEMENTS AND AMENDMENTS FOR
FEDERALLY FUNDED TRANSPORTATION PROJECTS. [100 -2011]
Adopt Resolution No. 2011 -46 authorizing the Public Works Director and /or City
Engineer to execute all necessary agreements and amendments for federally
funded projects with Caltrans, consistent with, but not exceeding the authority
already granted to Department Heads by City Council as denoted within the
City's Codes and Policies.
10. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. [100-
2011] a) Adopt the Seven -Year Measure M CIP; b) adopt Resolution No. 2011 -51
affirming that the City's Circulation Element is in conformance with the
Regional Master Plan of Arterial Highways; and c) direct staff to submit all
necessary material to OCTA to satisfy the Measure M annual eligibility
requirements.
D. CONTRACTS AND AGREEMENTS
12. AGREEMENT BETWEEN MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY ( MWDOC) AND ITS MEMBER AGENCIES (C- 4816). [381100-
2011] Authorize the Mayor to execute the agreement with MWDOC and 28
Member Agencies which outlines improvements in the way MWDOC works with
its agencies.
13. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASE 5 - AWARD OF
CONTRACT (C- 4698). [381100 -2011] a) Approve the project drawings and
specifications; b) award Contract No. 4698 to Select Electric, Inc. for the total bid
price of $508,372.50, and authorize the Mayor and City Clerk to execute the
contract; and c) establish an amount of $51,000.50 (10 %) to cover the cost of
unforeseen work.
14. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASE 5 - APPROVAL
OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS,
INC. (C- 3456). [381100 -2011] Approve a Purchase Contract with Econolite
'Control Products, Inc. of Anaheim, for purchase and installation of advanced
traffic signal control equipment for Phase 5 of the Traffic Signal Modernization
Project, at a not to exceed price of $212,621.40, and authorize the Mayor and City
Clerk to execute the agreement.
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15. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT -
COMPLETION AND ACCEPTANCE (C- 4315). [381100 -2011] a) Accept the
completed work and authorize the City Cleric to file a Notice of Completion; b)
authorize the City Cleric 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.
16. STREETLIGHT IMPROVEMENT PROJECT FOR FY 2010 -2011 -AWARD
OF CONTRACT (C- 4605). [381100 -2011] a) Approve the project plans and
specifications; b) award Contract No. 4605 to Steiny and Company, Inc. for the
total bid price of $585,510.75, and authorize the Mayor and the City Clerk to
execute the contract; and c) establish a contingency of $59,489.25 to cover the
cost of unforeseen work.
17. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT -
COMPLETION AND ACCEPTANCE (C- 4232). [38/100 -2011] 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; c) release the Faithful Performance bond one year
after Council acceptance; and d) approve Budget Amendment No. 11BA -046
transferring $7,185.00 from account 7013- C2202000 to account 7013- C2202002.
18. HARBOR VIEW HILLS SOUTH AND ?NEWPORT HEIGHTS PAVEMENT
REHABILITATION - AWARD OF CONTRACT (C- 4609). [381100 -2011] a)
Approve the project drawings and specifications; b) award Contract No. 4609 to
R.J. Noble Company for the total bid price of $1,247,650, and authorize the
Mayor and City Clerk to execute the contract; c) establish an amount of $125,000
(10 %) to cover the cost of unforeseen work; and d) approve Budget Amendment
No. IIBA -045 transferring $202,000 from Account No. 7281- C20020024 to
Account No. 7281- C2002039.
E. MISCELLANEOUS
19. PLANNING COMMISSION AGENDA FOR JUNE 9, 2011. [100 -2011]
Receive and file written report.
20. BOARD AND COMMISSION SCHEDULED VACANCIES -
CONFIRMATION OF NOINHNEES. [100 -2011] Confirm the nominations
made by the Ad Hoc Appointments Committee, as listed in the staff report.
21. AMENDMENTS TO THE BOARD OF LIBRARY TRUSTEES BY -LAWS.
[100 -2011] Approve the revisions to the Board of Library Trustees By -Laws.
22. BUDGET AMENDMENT TO PURCHASE EMERGENCY SEISMIC
RESPONSE EQUIPMENT. [100 -2011] Approve Budget Amendment No.
11BA -044 transferring a total of $27,319.38 from the Seismic Safety deposit
account, 010 -2226, to the Building- Inspection, Tools & Instrumentation
expenditure account 2920 -8240.
23. ORDINTANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF
APPEALS; AND RESOLUTION SETTING FORTH THE MEMBERSHIP,
TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING
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AND FIRE BOARD OF APPEALS. [100 -20111 Continue this item to the
June 28, 2011 City Council meeting to provide staff sufficient time to address the
questions raised by City Council on May 10, 2011.
S30. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SELECTED STREETS AND PARKING LOTS FOR THE JULY 4TH
HOLIDAY PERIOD. [100 -20111 Adopt Resolution No. 2011 -56 authorizing the
temporary closure of Seashore Drive, Newport Boulevard, Back Bay Drive, and
Balboa Boulevard, selected parking lots, and selected feeder streets.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to approve
the Consent Calendar, except for the item removed (3, 6, 7, 8, 9 & 11).
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
3. CITY ADMINISTRATIVE DEPARTMENT RESTRUCTURING AND RENAMING.
[100 -20111
Motion by Mayor Pro Tem Gardner, seconded by Council Member Hill to
continue the item to the June 28, 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, Council Member Daigle
6. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR
2011 -2012. 1100 -20111
7. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF
INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. [100 -20111
S. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF
INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. [100 -20111
9. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF
INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. [100 -2011]
Jim Mosher believed that the BID Advisory Boards are not operating under the rules and
regulations of the Newport Beach City Charter. City Attorney Hunt reported that the
BID Advisory Boards are established under State Law and are not considered to be a
Newport Beach City Charter Board or Commission.
Motion by Council Member Curry, seconded by Council Member Rosansky to a)
approve the Newport Beach Restaurant Association Business Improvement District
Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2011 -47 to
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Levy Assessments and set the public hearing for June 28, 2011; c) confirm the
Restaurant Association Business Improvement District 2011 Advisory Board, as
nominated by the general membership at the 2010 Annual Meeting, as follows (* _
Executive Board): Sheri Drewry, President* - Wilma's Patio; Jim Walker, Treasurer* -
The Bungalow; John Robinson, Secretary* - Amelia's Restaurant; Ali H. Zadeh, Member
at Large* - Port Restaurant & Bar; Stephano Albano, Vice Pres.* - El Torito Grill; Tony
Mokatef - Tommy Bahama's; Chris Ann Richards - Wine Lab; Dave Salisbury -
Harborside Restaurant; John Bullard - Newport Landing; Miguel Rodriguez* - Maestro's
Ocean House; Nicole Hay - 21 Oceanfront; Robert Ramirez - The First Cabin; Sam Tila -
Royal Thai Cuisine; Steve Kim - Five Crowns; d) approve the Balboa Village Business
Improvement District Fiscal Year 2010 -2011 Annual Report; e) adopt Resolution of
Intention No. 2011 -48 to Levy Assessments and set the public hearing for June 28, 2011;
f) confirm the Balboa Village Business Improvement District 2011 Advisory Board, as
nominated by the 2010 BID Advisory Board, as follows: Bob Black - Catalina Passenger
Service; Butch Wilson - Balboa Saloon; Tony George - Surfside Silver; Patrick Moore -
Fun Zone Rides; Ralph Rodheim - Balboa Boat Rental; Mike Thompson - Davey's Locker;
Craig Batley - Baywalk, Inc. - Bungalow Basic; g) approve the Marine Avenue Business
Improvement District- Fiscal Year 2010 -2011 Annual Report; h) adopt Resolution of
Intention No. 2011 -49 to Levy Assessments and set the public hearing for June 28, 2011;
i) confirm the Marine Avenue Business Improvement District 2011 Advisory Board, as
nominated by the 2010 BID Advisory Board, as follows: Sheri Drewry - Wilma's Patio;
John Robinson - ,Amelia's Restaurant; Anne Moloney - Beach Time Realty; Alexandra
Richardson - HOM Realty; Pam Hubbard - Persimmon Tree; Eldy Galieta - Barolo by the
Sea; j) approve the Corona del Mar Business Improvement District Year 2010 -2011
Annual Report; k) adopt Resolution of Intention No. 2011 -50 to levy assessments and set
the public hearing for June 28, 2011; and 1) confirm the Corona del Mar Business
Improvement District 2011 -2012 Advisory Board, as nominated by the 2011 general
membership, as follows: Bernie Svalstad - Newport Factoring; Jim Walker - The
Bungalow; Scott Laidlaw - Laidlaw Shultz Architects; Keith Dawson - Dawson and
Dawson; Ali Zadeh - The Port; Tom Nicholson - Nicholson Companies; Tina B. Hoover -
Law Offices of Tina Hoover.
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
11. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HEZMALHALCH
ARCHITECTS FOR THE PREPARATION OF DESIGN GUIDELINES FOR THE
LIDO VILLAGE AREA (C- 4817). [381100 -2011]
Denys Oberman believed that the preparation of landscape and architectural guidelines
for the Lido Village Area is premature because it lacks input from a sufficient number of
principal landowners, and that William Hezmalhalch Architects lacks experience in
marine and coastal resorts, including hospitality. She urged the City Council to not
approve the agreement.
Mayor Henn stated that a sufficient number of principal landowners have participated in
the process to date and that it is reasonable to consider this item at this time.
The City Council discussed the oversight role of the Revitalization Committee in the
project.
Tom Larkin spoke in opposition and expressed the opinion that expenditure of City funds
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for the preparation of landscape and architectural guidelines for the Lido Village Area is
premature.
Motion by Council Member Selich, seconded by Council Member Curry to
authorize the City Manager to execute a professional services agreement with Wiliam
Hezmalhalch Architects for the preparation of landscape and architectural design
guidelines for the Lido Village Area.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIV. PUBLIC COMMENTS
Michael Turner, representing Dan's Landscaping of Orange County, commented on the leaf
blower ban and offered several suggestions relative to both gas and electric blowers.
Kevin Doane stated his concern regarding the diminishing number of 4 -hour parking meters
throughout the City.
Bruce Blackman of Blackman Ltd. Jewelers, spoke regarding the perceived lack of Code
Enforcement regarding alleged littering (cigarette butts, etc.) by Morningside Recovery's clients
near his business on Via Oporto.
Tom Billings seconded Mr. Blackman's concern and pointed out that Morningside Recovery also
has facilities on Via Lido.
City Attorney Hunt commented that Morningside Recovery was issued a warning letter
approximately 30 days ago that indicated that they were potentially not in compliance with
Zoning Codes and might need to take corrective action.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported on a potential mosquito abatement project in Big Canyon
involving Vector Control of Garden Grove and the Newport Beach Public Works Department.
Council Member Curry reported on the Finance Committee meeting of June 13, which included
an audit entrance interview with the City's new auditors, a review of the Investment Policy, the
crafting of a series of Debt Policies, and a review of the Budget Checklist.
Mayor Pro Tem Gardner reported on the June 14 meeting of the Marine Committee where two
California State measures were discussed relative to life jacket requirements for vessels less than
18 -feet in length and water contamination caused by the copper content of Boat Paint. She
recommended that Council consider formally commenting on these two measures before they are
enacted.
XVI. PUBLIC HEARINGS
Mayor Henn called for a show of hands of those members of the audience who were in attendance
to testify regarding Item 27 ( Morningside Recovery Compliance), and based upon their response
he suggested that Item 27 be considered first. The consensus of Council was that the agenda
schedule be adhered to.
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24. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021) - 20311 ACACIA
STREET. [100-20111
Council Member Daigle recused herself and left the dais.
Motion by Council Member Rosanskv, seconded by Council Member Selich to
adopt Resolution No. 2011 -52 approving Telecommunications Permit No. TP2011 -005,
subject to findings and conditions of approval.
Mayor Henn opened the public hearing.
Mandy Medina, representing the Acacia Plaza II Owners Association, stated that T-
Mobile Communications has made no attempt to obtain, and has not been granted
approval and authority to proceed with the permit for construction from the Acacia Plaza
II Owners Association, and that any claims by T- Mobile Communications to the contrary
are false.
Discussion ensued between the City Council and City Attorney Hunt relative to the
reasons why the granting of approval and authority to proceed with the permit for
construction by the Acacia Plaza II Owners Association is a Condition of Approval.
Tim Miller of Trillium Consulting, representing T- Mobile Communications,
acknowledged that the granting of approval and authority to proceed with the permit for
construction by the Acacia Plaza II Owners Association has not yet been obtained, but
requested that the City Council approve the Permit anyway.
Jim Mosher spoke in opposition, seconding the concerns of Ms. Medina.
Hearing no further testimony, Mayor Henn closed the public hearing
The City Council and City Attorney Hunt discussed the reasons why the City Council
should or should not involve itself at this time in what is currently a dispute between two
private parties.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member
Selich, Council Member Daigle
Noes: Mayor Pro Tern Gardner, Council Member Curry
25. 2010 URBAN WATER MANAGEMENT PLAN (UWMP). [100 -20111
Mayor Pro Tem Gardner congratulated Utilities General Manager Murdoch for a job well
done.
Mayor Henn opened the public hearing.
Motion by Council Member Rosanskv, seconded by Council Member Curry to a)
adopt Resolution No. 2011 -53 approving the 2010 UWMP, and b) direct staff to fulfill the
notification requirements set forth in the Water Code once the UWMP is adopted.
Jim Mosher questioned the approval of the Banning Ranch project shown in the plan.
City Manager Kiff stated that the Banning Ranch project was not approved in the
current plan, but had been erroneously shown as approved in a previous draft version of
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the plan. He assured that the document will be amended.
Hearing no further testimony, Mayor Henn closed the public hearing.
Council Member Rosansky indicated that he will amend his motion to include the
change.
Amended motion by Council Member Rosansky, seconded by Council Member
Curry to a) adopt amended Resolution No. 2011 -03 approving the 2010 UWMP; and b)
direct staff to fulfill the notification requirements set forth in the Water Code once the
UWMP is adopted.
The amended 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
26. VIA LIDO AMENDMENTS (PA2011 -024) - 3363, 3377 VIA LIDO AND 3378 VIA
OPORTO - AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE
PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF
SUBJECT PROPERTY FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO
MIXED -USE VERTICAL (MU -V). [100 -20111
Mayor Henn opened the public hearing. Hearing no testimony, he closed. the
public hearing.
Motion by Council Member Rosanskv, seconded by Mayor Pro Tem Gardner to
continue the item to the June 28, 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, Council Member Daigle
27. PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND
PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC
(PA2011 -107). [100 -20111
Mayor Henn called for a show of hands of those members of the audience who intended to
testify regarding this item, and based upon their response, he suggested that the time
allotted to each Public Speaker be limited. It was the consensus of Council to limit public
testimony to three minutes.
Associate Planner Brown provided a PowerPoint presentation to discuss the Zoning
Agreement, display the existing facilities, discuss key operating conditions, violations of
conditions, Notice of Violations (NOVs) and Administrative Citations, highlight the total
notices issued for failure to comply, discuss issues with the 24 -hour hotline,
Morningside's administrative and client treatment facilities, and recommendation.
Mayor Pro Tem Gardner requested an explanation from Morningside Recovery regarding
the lack of a 24 -hour hotline.
In response to a Council questions, City Attorney Hunt explained the series of events
that will transpire if the City Council adopts the recommendations and stated that the
City is bound by the terms of the Zoning Agreement.
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Mayor Henn opened the public hearing
Mary Helen Beatificato, Attorney for Morningside Recovery, believed that Morningside
Recovery is not obligated to establish a 24 -hour hotline under the terms of the Zoning
Agreement Operational Conditions. She stated that Morningside Recovery has been in
full compliance with all Zoning Agreement Operational Conditions regarding parolees
and probationers, and in good faith compliance with the Zoning Agreement Operational
Conditions regarding smoking and tobacco use. She challenged the veracity of some of
the 19 NOVs and 14 Administrative Citations issued against Morningside Recovery.
Discussion ensued between Council and staff regarding whether or not Morningside
Recovery has demonstrated good faith compliance with the Zoning Agreement
Operational Conditions regarding the 24 -hour hotline and the 533 Via Lido Soud facility.
In response to Ms. Beatificato's challenge regarding the NOVs and Administrative
Citations issued against Morningside Recovery, City Manager Kiff stated that the City's
typical process involves a fairly extensive investigation by Code Enforcement before an
NOV or Administrative Citation is issued. Senior Code Enforcement Officer Cosylion
confirmed the City Manager's statement.
Joel Slutzky, representing Maintain Our Residential Neighborhood (MORN), thanked
staff for the 300 -page staff report which documents what MORN considers to be a pattern
of significant repetitive violations by Morningside Recovery.
Tom Billings, member of MORN, suggested that the City Council consider taking
immediate action to shut down all of Morningside Recovery's facilities.
Willis Longyear expressed the opinion that the high turnover rate associated with a
business like Morningside Recovery is the underlying cause of its repeated violations of
the Zoning Agreement Operational Conditions, and that the City Council should consider
forcing Morningside Recovery to relocate its facilities that are located in R -1 and R -2
zones to locations which are more compatible with such high turnover businesses.
Edward Cook believed that a business like Morningside Recovery should not be allowed
to operate in a Residential Zone.
Barbara Liebman, Counsel for MORN, questioned the legality of Morningside Recovery's
533 Via Lido Send facility.
Nancy Sheffner spoke in support of the recommendations.
Tom Larkin stated his concern regarding the apparent lack of investigations by the Fire
Department of Morningside Recovery's facilities.
Mark Ruder believed that a CEQA study is required for Morningside Recovery's
operations.
Roger McGregor expressed the opinion that a business like Morningside Recovery should
not be allowed to operate in a Residential Zone.
Jack Thompson believed that a business like Morningside Recovery should not be allowed
to operate in a Residential Zone.
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Laura Sharp submitted a packet that purportedly documents numerous violations of the
Zoning Agreement Operational Conditions by Morningside Recovery which were not
included in the staff report.
Doug Dwyer stated his concerns regarding perceived violations by Morningside Recovery
of the Zoning Agreement Operational Conditions regarding smoking and parking, and
suggested that the City Council impose a bed tax on Morningside Recovery.
Cynthia Koller questioned why complaints against Morningside Recovery by residents of
the Balboa Peninsula were not included in the staff report.
Denys Oberman read a prepared statement that urged the City Council to pursue legal
remedies against Morningside Recovery that are in the best interest of the City and the
community.
Jonathan L. Birer, President and owner of Charlie's Locker, asked the City Council to
eliminate the unfair disruption of business activity on Lido caused by the presence of
Morningside Recovery.
Laura Curran requested information regarding how Newport Beach enforces rules and
regulations relative to commercial housing of parolees, probationers, registered sex
offenders, gang members, and clients funded by Proposition 36.
David Diamond thanked the City Council and City Manager Kiff for what they have
accomplished to date regarding this matter. He suggested that the City Council compare
the complaints registered against Morningside Recovery with complaints registered
against similar businesses for possible guidance in their decision making process.
Jim Mahoney, a business owner in Lido Village, stated his concerns regarding the
inconsiderate behavior of Morningside Recovery clients.
Nicolai Glazer expressed the opinion that the residents of Morningside Recovery are not
good neighbors.
Mike Zawadzki read a prepared statement, believing that the Zoning Agreement afforded
Morningside Recovery generous, unprecedented benefits, and was a well- intentioned
mistake. He requested that the City Council terminate the Zoning Agreement with
Morningside Recovery.
Victoria Zawadzki stated that she has personally observed and taken photographs of
numerous parking and after -hour deliveries which are violations of the Zoning
Agreement Operational Conditions.
Julie Ackerman believed that Morningside Recovery is not adequately instructing its
employees and clients regarding the Zoning Agreement.
Marian Dickens shared her observations of what she considers ridiculous behaviors by
Morningside Recovery residents, such as sunbathing on City streets.
Jana Shoals questioned whether the use of the Newport Beach City Seal by Morningside
Recovery on their website was in good faith.
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Hearing no further testimony, Mayor Henn closed the public hearing.
City Attorney Hunt advised the City Council of the legal requirements for Equal
Opportunity Housing for the disabled under Federal and State laws, and how that
influenced the Zoning Agreement with Morningside Recovery. He advised the City
Council that the issue before it for consideration is whether or not Morningside Recovery
has been in compliance with, or acting in good faith compliance with the Zoning
Agreement Operational Conditions based upon the evidence before it for consideration.
He reported that the only action available to the City Council at this time under the
Zoning Agreement is to instruct staff to give notice to Morningside Recovery pursuant to
Paragraph 0 of the Zoning Agreement. He commented on the parolee and probationers
issue, and the allegedly abandoned facility.
Discussion ensued relative to the differences between the reviews of Morningside
Recovery and Sober Living by the Sea, and whether or not the evidence of a substantial
and repetitive cycle of violations by Morningside Recovery indicates an unwillingness or
inability to fully comply with the Operation Conditions of the Zoning Agreement.
Motion by Mayor Henn, seconded by Mavor Pro Tern Gardner to a) adopt
Resolution No. 2011 -57 finding that Morningside has not demonstrated good faith
compliance with the terms and operational conditions of the Zoning Agreement based on
substantial evidence; and b) direct staff to issue a written notice to Morningside
specifying the manner in which Morningside has failed to comply and state the steps
Morningside must take to bring itself into compliance.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Sehch, Council Member Curry, Council Member Daigle
Mayor Henn recessed the meeting at 10:30 p.m. and reconvened the meeting at
10:35 p.m. with all members of the City Council in attendance.
28. RESOLUTION NO. 2011 -54: FISCAL YEAR 2011 -12 BUDGET ADOPTION. "00-
2011J
City Manager Miff provided a staff report.
Discussed ensued relative to the Balboa Island Historical Society, Buck Gully Canyon
Stabilization and Flood Control, Crystal Cove Parking Lot /Pond Area Improvement, a
potential project plan for landscaping on Bristol Street South, sub - contracting of the
Costa Mesa Jail, Fire Prevention Bureau, Call Dispatch, Helicopter Air Support, the
DARE Program, and the Lifeguard Consensus Proposal.
Mayor Henn opened the public hearing.
Jim Mosher questioned why the Morningside Recovery item has no fiscal impact, and
what portion of Account 0110 -8250 the Balboa Island Historical Society item represents.
Without objection, Mayor Henn recommended that the public hearing remain open to the
June 28, 2011, City Council meeting.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to
continue the public hearing and consideration of the Fiscal Year 2011 -12 Budget to the
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City of Newport Beach
City Council Minutes
June 14, 2011
June 28, 2011 Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XVII. CURRENT BUSINESS
29. COMPENSATION PHILOSOPHY. [100 -20111
City Manager Kiff explained. the purpose and scope of the proposed Compensation
Philosophy.
The City Council discussed several elements of the Compensation Philosophy, including
increased pension contributions by employees, comparisons with the private sector, and
the increase from one -year to three -years for the determination of final compensation.
Motion by Mayor Pro Tom Gardner, seconded by Council Member Selich to
adopt Resolution 2011 -55 relating to a compensation philosophy for the City of Newport
Beach.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosan ky, Mayor Fro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT -Adjourned at 11:00 p.m_ in memory of Masao Kato
The agenda and supplemental agenda for the Regular Meeting was posted on June 10,
2011, at 8:55 a.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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