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City Council Minutes
City Council Regular Meeting
September 13, 2011 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:25 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code 4 54956.9
(a)): Four matters:
1. Pacific Shores u. Newport Beach, U.S. District Court Case No. SACV 08 -00457
AG (PLAx); U.S. Court of Appeals for the Ninth Circuit Case No. 11- 55460.
2. Newport Coast Recovery and Yellowstone Recovery u. City of Newport Beach,
U.S. District Court Case No. SACV 09- 0701 -DOC (ANx); U.S. Court of Appeals for
the Ninth Circuit Case No 11- 55461.
3. MORN v. City of Newport Beach, OCSC Case No'. 30- 0211 - 00447004.
4. Morningside Recovery, LLC v. City of Newport Beach, OCSC Case No. 30 -2011-
00505900.
B.- Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation
(Government Code $ 54956.9(c)): One matter:
1. Potential initiation of litigation against Morningside Recovery, LLC and the owners
of the properties located at 4823 A and B River Avenue, 29 Ima Loa Court, 100 Via
Antibes, 102 Via Antibes, 208 Via Lido Send, and 533 Via Lido Soud, to abate the
residential care facilities at these locations.
C. Conference with Labor Negotiators (Government Code 6 54957.6):
Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City
Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel
and Negotiator.
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 Employees' Association (PEA); Fire Management
Association (FMA); City Employees Association (NBCEA); Newport Beach Professional &
Technical Employees Association (NBPTEA); and Newport Beach Employees League
(LABEL); Newport Beach Part -Time Unit (UPEC, Local 777).
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn,
Council Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp reported that the correct case number for item II.A.3 is 30 -2011- 00447004.
Regarding Item II.A.4, City Attorney Harp reported that the City Council voted unanimously to
authorize the City Attorney's Office to defend this action which seeks to set aside the City Council's
decision to terminate the Zoning Agreement with Morningside.
Regarding Item II.B.l, City Attorney Harp reported that the City Council voted unanimously to
authorize the City Attorney's Office to file civil action against Morningside Recovery, LLC and the
owners of the properties located at 4823 A and B River Avenue, 29 Ima Loa Court, 100 Via Antibes,
102 Via Antibes, 208 Via Lido Soud, and 533 Via Lido Soud,in order to abate the residential care
facilities at these locations.
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal
Church
D;. PRESENTATION
National Moment of Remembrance of the 10th Anniversary of 9/11 - Mayor Henn read the
proclamation recognizing September 11, 2011 as a day of solemn commemoration of the events of
September 11, 2001, and called for a moment of silence in remembrance.
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)
Mayor Henn introduced the new City Attorney, Aaron C. Harp, and welcomed him back on behalf of
Council and all residents of the City. City Attorney Harp thanked Council for the opportunity to
once again serve the City.
Council Member Daigle announced that the Kids Institute for Development and Advancement's
Thud Annual Summit on Autism will be held on Saturday, September 17, 2011, at the University of
California, Irvine's Bren Events Center, starting at 8:00 a.m. The keynote speaker will be former
First Lady Rosalyn Carter.
Council Member Hill announced that an AirFair Fundraiser will be held on Thursday, September 15
from 5:00 p.m. - 7:00 p.m. at the Newport Beach Vineyards & Winery on Mesa Drive.
Mayor Pro Tern Gardner recommended that the Parks, Beaches, and Recreation Commission
examine the City's fire pit policy and report back to Council with their recommendations.
Mayor Henn announced a Group Homes Conference at 1:30 pm on Wednesday, September 14, at the
Newport Coast Community Center; a Neighborhood Revitalization Committee meeting at 4:00 p.m.
on Thursday, September 15, in the City Council Chambers; a Meet the Mayor at 9:00 a.m. on
Saturday, September 17, at Fire Station No. 7 in Santa Ana Heights; a Santa Ana Heights
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Revitalization Committee meeting at 2:00 p.m. on Wednesday, September 21, at the Santa Ana
Heights Fire Station; a Balboa Village Citizens Advisory Panel meeting at 4:00 p.m. on Thursday,
September 22, at the Newport Harbor Nautical Museum (ExplorOcean); a Tidelands Management
Committee meeting at 4:00 pm on Wednesday, September 21, at the OASIS Senior Center; the
Balboa Fun Zone 75th Anniversary celebration from Saturday, September 24, through Sunday,
September 25; and the 23 "d Annual Taste of Newport from Friday, September 16, through Sunday,
September 18.
Council Member Hill stated that he resides within a 500 foot radius of the Balboa Bay Club, and
recused himself from Item 21 (Assignment of Balboa Bay Club Ground Lease).
City Manager Kiff recommended that Item 16 (Balboa Theater Potential Lease Amendments) be
continued to the September 27, 2011 Council meeting to allow staff sufficient time to amend the
lease.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF
AUGUST 9, 2011; AND SPECIAL MEETINGS OF AUGUST 10, 2011 AND
AUGUST 18, 2011. [100 -2011] Waive reading of subject minutes, approve as
amended, and order filed.
Mayor Pro Tern Gardner requested that page 227 be amended to reflect
that Bicycle Safety Committee meetings are normally held the first
Monday of the month.
Council Member Hill noted that amendments to page 230 were provided
tonight for consideration.
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 pursuant to Charter Section 412.
B. ORDINANCE FOR ADOPTION
4. NERO PROPERTY AMENDMENTS (PA2011 -061) - 105 15TH STREET. [100-
2011] Conduct a second reading and adopt Ordinance No. 2011 -21 approving Code
Amendment No. CA2011 -007.
C. RESOLUTIONS FOR ADOPTION
5. APPROVAL OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT
PROGRAM TRANSFER AGREEMENT. [100 -2011] Adopt Resolution No. 2011-
87 approving the Transfer Agreement for Fiscal Year 2010 Homeland Security
Grant Program purposes ( "Transfer Agreement ") and authorizing the Police Chief,
the Fire Chief, and City Manager to act as the "Authorized Agents" to execute for
and on behalf of the City and actions necessary to implement the Transfer
Agreement and obtain Federal financial assistance provide by the Federal
Department of Homeland Security and sub - granted through the State of California.
6. ENERGY LEADER PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA
EDISON AND THE CITY OF NEWPORT BEACH. [100 -2011] a) Adopt
Resolution No. 2011 -88 supporting an energy partnership between Southern
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California Edison and City of Newport Beach; b) authorize the City Manager to
execute the Energy Leader Partnership Agreement between the City of Newport
Beach and Southern California Edison; and c) designate Iris Lee, in the Public
Works Department as the "Energy Champion" pursuant to the Energy Leader
Partnership Agreement.
7. OVERNIGHT PARKING RESTRICTION ON BACK BAY DRIVE. [100 -20111
Adopt Resolution No. 2011 -89 prohibiting the parking of vehicles on Back Bay Drive
between Jamboree Road and Shelimaker Road daily from 10:00 p.m. to 6:00 a.m.
D. CONTRACTS AND AGREEMENTS .
8. NEWPORT COAST ASBS RUNOFF REDUCTION PROGRAM - APPROVAL
OF PROFESSIONAL SERVICES AGREEMENT WITH VALLEY SOIL, INC.
(C -4908) [381..100 -20111 Approve a Professional Services Agreement with Valley
Soil, Inc. for managing installation of weather -based irrigation controllers and
related customer service activities at a not to exceed cost of $750,000.
9. BRIDGE MAINTENANCE PROGRAM - COMPLETION AND ACCEPTANCE
OF CONTRACT NO. 4587. [381100 -20111 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. 12BA -008 appropriating $16,500 from the unappropriated
gas tax fund to 7181- C2001010.
10. APPROVAL OF MASTER FUNDING AGREEMENT WITH ORANGE
COUNTY TRANSPORTATION AUTHORITY FOR THE RENEWED
MEASURE M (C- 4959). [381100 -20111 Approve and execute Master Funding
Agreement No. C -1 -2776 with OCTA.
12. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO
FAIRCHILD ROAD) - APPROVAL OF AMENDMENT NO. 3 WITH VA
CONSULTING, INC. (C- 4071). [381100 -20111 Approve Amendment No. 3 with
VA Consulting, Inc., for additional engineering services for the Jamboree Road
Improvements (Bristol Street North to Fairchild Road) project.
13. AGREEMENT FOR CITY BUILDING FACILITIES CUSTODIAL SERVICES
(C- 4938). [381100 -20111 Approve the proposed agreement between the City of
Newport Beach and ABM Services, Inc. for the provision of custodial services for
City building facilities.
Council Member Curry commented on Item 13 (Agreement for City
Building Facilities Custodial Services), noting that contracting out the
services will result in substantial savings for the City.
14. UPPER BUCK GULLY RESERVE AREA RESOURCE MANAGEMENT AND
TRAIL IMPROVEMENT /RESTORATION (C- 3905). [381100 -20111 a) Approve
an amendment to the IRC Agreement for resource management services in Upper
Buck Cully for FY 11112 in the amount of $185,000; b) approve Budget Amendment
No. 12BA -007 1) recognizing a contribution of $90,000 from the Habitat
Conservation Fund and appropriating $90,000 to Account No. 7251- C5002009 and
transferring $90,000 from Account No. 7014- C5002002 to 7014 - 05002009 for
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construction to the Upper Buck Gully Loop Trail and 2) transferring $185,000 from
Account No. 7014- C5002002 to Account No. 0110 -8250 for resource management
services; and c) find this project exempt from the California Environmental Quality
Act ( "CEQA ") pursuant to Section 15304, Class 4, Minor Alteration to Land, of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential to have a significant effect on the environment.
E. MISCELLANEOUS
15. PLANNING COMMISSION AGENDA AND ACTION REPORT FOR AUGUST
18, 2011. [100 -2011] Receive and file written report.
16. BALBOA THEATER POTENTIAL LEASE AMENDMENTS (C- 3248). [381100-
2011] Continue the item to the September 27, 2011 regular City Council meeting.
17. ACCEPTANCE OF 2011/2012 STATE OF CALIFORNIA, OFFICE OF
TRAFFIC SAFETY, DUI ENFORCEMENT AND AWARENESS PROGRAM
GRANT #20267. [100 -2011] a) Authorize the City Council to accept a $242,399
award granted to the Police Department by the OTS per Council Policies F -3 and F-
25. Therefore, to comply with Council Policy F -3, City Council must formally accept
the award of $242,399 and create a new appropriation to expend the money; and b)
approve Budget Amendment No- 12BA -006 increasing Police revenue estimates and
expenditure appropriations by $242,399.
18. BUDGET AMENDMENT TO INCREASE EXPENDITURE APPROPRIATION
FROM A DEPOSIT ACCOUNT. [100 -2011] Approve Budget Amendment No.
12BA -005 transferring funds from the Records Management Building account to
Building revenue and increasing Building expenditure appropriations in the amount
of $139,560.36
19. FINAL TRACT MAP NO. 17355 - 1691 SAN MIGUEL DRIVE. [100 -2011]
Review and approve Final Tract Map No. 17355 for a six -lot subdivision located at
1691 San Miguel Drive pursuant to Section 19.60.010 of the Municipal Code.
20. HARBOR COMMISSION GOALS FOR FY 2011 -12. [100 -2011] Receive and
file.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosansky to approve the
Consent Calendar except for the items removed (3, 11 and 21); and noting the amendments to Item 1
and the continuance of Item 16.
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
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
MARINER'S POINTE APPEAL - SECOND READING OF ORDINANCE (PA2010 -114)
100 -300 WEST COAST HIGHWAY. [100 -2011]
Jack Geerlings opposed the adoption of Ordinance No. 2011 -22 citing that he is concerned
about the size of the project and the possible effects on his property value.
Motion by Council Member Selich, seconded by Council Member Curry to conduct
second reading and adopt Ordinance No. 2011 -22 approving Code Amendment No. CA2011-
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009.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member
Selich, Council Member. Curry
Noes: Mayor Pro Tem Gardner, Council Member Daigle
11. SUNSET RIDGE PARK AND MARINA PARK PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 WITH SCHMITZ
AND ASSOCIATES (C4546). [381100 -2011]
Steve Ray, Executive Director of the Banning Ranch Conservancy, discussed the proposed
access road to Sunset Ridge Park which runs through the Banning Ranch property. He
encouraged Council to consider an alternate access route.
Motion by Council Member Curry, seconded by Council Member Selich to approve
Amendment No. 3 to the PSA with Schmitz & Associates, Inc. of Malibu, California for
California Coastal Commission application preparation and processing support services at a
cost of $107,211.50, and authorize the Mayor and the City Clerk to execute the Amendment.
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
21. ASSIGNMENT OF BALBOA BAY CLUB GROUND LEASE (C -519). [381100 -2011]
Council Member Hill recused himself since he resides within 500 feet of the
Balboa Bay Club and left the dais.
Jim Mosher expressed opposition to the assignment of the lease, stating that due diligence
regarding the lessee was potentially inadequate.
Motion by Council Member Daigle, seconded by Council Member Selich to a)
approve the proposed assignment of the Balboa Bay Club Ground Lease from Balboa Bay
Club, Inc., to Seven -On Capital- Business, Inc., and Mr. Winston Chung and find that Balboa
Bay Club, Inc., is not currently in default under the Ground Lease; and b) authorize the
Mayor and the City Clerk to sign the Estoppel Certificate and Consent to Ground Lease
Assignment on behalf of the City.
In response to Mayor Pro Tem Gardner's question, City Manager Kiff stated that the
California State Lands Commission previously approved the lease document and Assistant
City Manager Smith added that the lease contract was reviewed and found most favorable
by the consultant.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member
Selich, Council Member Curry, Council Member Daigle
XIV. PUBLIC COMMENTS
Daryl Ferguson, Surfrider Foundation Newport Beach Chapter, announced that Saturday,
September 17, is California Coastal Commission Coastal Cleanup Day. He stated that more
information is available online at www.newportbeach.surfrider.org.
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Kelly Sawyer expressed opposition to the I Heart Puppies store in Corona del Mar.
Brita Wilde recommended that Council adopt an ordinance banning the retail sale of live animals in
Newport Beach.
Brenda Calvillo, representing Animal Protection & Rescue League of Orange County, recommended
adopting an ordinance banning the retail sale of cats and dogs in Newport Beach.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that she attended a League of California Cities (LCC) meeting
where she voted to support the filing of an amicus brief opposing the State of California's
Redevelopment Agency legislation.
Council Member Curry reported that he attended the Finance Committee meeting on Monday,
September 12, and stated that the City's financial reserve funds are collectively at their highest
point in the City's history at approximately $92 million.
Council Member Selich reported that he attended the kickoff meeting of the West Newport Citizens
Advisory Panel (CAP) on Wednesday, August 24, where Pacific Coast Highway and Balboa
Boulevard landscaping project concepts were discussed.
Council Member Hill reported that he attended the first meeting of the Corona del Mar CAP on
Wednesday, August 31, where they discussed the Vision Plan that was created several years ago by
the Corona del Mar Chamber of Commerce. He also reported attending the Lido Village CAP
meeting where they discussed the design standards for the existing City Hall site, Lido Plaza, and
Lido Village.
Council Member Rosansky reported that he attended the wrap -up meeting of the West Newport
Fourth of July Committee on Wednesday, August 15, where he received a check made out to the City
of Newport Beach for $5,000 from an anonymous donor for next year's Fourth of July celebration.
Mayor Pro Tem Gardner reported that she attended the Coastal Car Classic in Big Corona on
Sunday, September 11, where she chose the winning car. She also reported attending the Tidelands
Management Committee meeting where they received a presentation on San Diego Creek and
sediment loads.
Mayor Henn reported that he attended a Neighborhood Revitalization Committee meeting on
Thursday, August 11, where they reviewed the progress of the various Citizens Advisory Panels. He
reported attending the first meeting of the Santa Ana Heights CAP on Wednesday, August 17, and
the Balboa Village CAP meeting on Wednesday, August 23.
XVI. PUBLIC HEARINGS
22. WHITACRE RESIDENCE APPEAL (PA2010 -105) - 101 15TH STREET - THE
APPLICANT PROPOSES AN ADDITION TO THE EXISTING RESIDENCE AND
THE ADDITION OF A NEW DWELLING UNIT ABOVE THE COMMERCIAL
STRUCTURES - FOUR -CAR PARKING IS PROPOSED TO SATISFY THE
RESIDENTIAL PARKING REQUIREMENTS. [100 -20111
Assistant Planner Nueno provided a brief overview of the staff report and stated that the
architect and property owner were in attendance to answer any questions.
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In response to Council questions, Assistant Planner Nueno discussed the estimated cost of
demolishing and rebuilding the existing non - conforming structure ($860,000) versus the cost
of the proposed alteration project ($550,000). She also discussed the 75% maximum
alteration limitation, abutting residential properties, the Conditions of Approval regarding
trash storage, and the lot merger. Community Development Director Brandt discussed
structural integrity evaluation. Council Member Hill provided his concerns regarding the
limitations on cost and the setback encroachments.
In response to Mayor Henn's question, Assistant Planner Nueno confirmed that all trash
will be stored and covered within the confines of the property and not on the public street,
confirmed that the project would not allow the existing commercial space to be expanded,
and confirmed that staff reviewed and accepted the official report of structural integrity by a
certified structural engineer.
Council Member Curry commented on non - conforming structures and non - conforming uses,
and opined that it often boils down to value judgments regarding what's best for the
community.
Mayor Henn opened the public hearing.
Joe Angelo, property owner, described the planned improvements to his residence and stated
that he has every intention of remaining there in the foreseeable future.
William Azzalino, architect for the property owner, addressed the concerns about the
setback encroachments, liquefaction, trash storage, and termite damage. He also confirmed
that the commercial portion of the property was not being expanded.
Council Member Hill and Mr. Azzalino discussed the setback of the carport and the setback
of the new second story residence.
Morey Nero, adjacent property owner, urged Council to uphold the decision of the Planning
Commission.
Todd Schooler•, architect and general contractor, presented a handout describing his
concerns regarding the enforcement of the 75% alteration limitation and the estimated
construction costs per square foot supplied by the architect.
Mayor Pro Tern Gardner and Mr. Schooler discussed what salient facts the City Council
should consider in evaluating the project.
Marrette Kunti expressed concerns regarding the lack of adequate parking spaces in the
immediate vicinity.
Max Liskin expressed concern regarding potential expanded commercial utilization of the
property in the future and its potential effect on traffic congestion in the area. Mr. Azzalino
reaffirmed that they have no intention of demolishing the existing commercial buildings and
will modify them only to the extent necessary to achieve the desired improvements.
In response to Council questions, Mr. Azzalino discussed seismic retrofits as they apply to
older buildings and how he arrived at his estimated costs per square foot for residential and
commercial construction.
Hearing no further testimony, Mayor Henn closed the public hearing.
Mayor Pro Tern Gardner and Assistant Planner Nueno discussed the 12 -month period
associated with the 75% alteration limitation under the previous code. Regarding Condition
of Approval No. 22, Assistant Planner Nueno indicated that it can be removed.
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Council Member Selich and Mayor Henn discussed the rationale for the 1997 limitation of
75% for alternations to non - conforming structures.
Council Member Hill and Assistant Planner Nueno discussed the applicability of the current
Fire Codes to the construction of the new residential additions and Assistant Planner Nueno
noted that the current Fuse Codes will apply.
Mayor Henn provided his reason for supporting the project and added that the main
objections have been mitigated.
Motion by Mayor Henn, seconded by Council Member Curry to reverse the decision of
the Planning Commission and adopt Resolution No. 2011 -90 approving Use Permit No.
UP2010 -021 and Modification Permit No. MD2010 -027.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member
Curry, Council Member Daigle
Noes: Council Member Hill, Council Member Rosansky
23. MONROVIA AVENUE AMENDMENTS: 1537 MONROVIA AVENUE (PA2011 -082)
AND 1539 MONROVIA AVENUE (PA2011 -105) - AMENDMENTS TO THE GENERAL
PLAN AND ZONING MAP TO CHANGE THE DESIGNATION OF THE SUBJECT
PROPERTIES FROM MULTI -UNIT RESIDENTIAL (RM 2420) TO GENERAL
INDUSTRIAL (IG .50 FAR). [100 -20111
Council Member Rosansky recused himself since he has interest in real property
located within 500 feet of the subject property and left the dais.
Mayor Henn opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Curry to
a) adopt Resolution No. 2011 -91 approving General Plan Amendment No. GP2011 -005; b)
adopt Resolution No. 2011 -92 approving General Plan Amendment No. GP2011 -006; and c)
introduce Ordinance No. 2011 -23 approving Code Amendment No. CA2011 -008 and Code
Amendment No. CA2011 -009, and pass to second reading for adoption on September 27,
2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich,
Council Member Curry, Council Member Daigle
24. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR 2010-
2011, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER). [100 -20111
Clint Whited, Senior Associate of LDM Associates, Inc., provided a staff report.
In response to Council Member Daigle's question, Mr. Whited stated that the funding for
Federal Block Grants is expected to remain level in 2012.
Mayor Henn opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Hill, seconded by Mayor Pro Tem Gardner to a) approve
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the Program Year 2010.2011 CAPER; and b) direct the City manager or his designee to
submit the Program Year 2010 -2011 CAPER to HUD.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member
Selich, Council Member Curry, Council Member Daigle
Absent: Council Member Rosansky
XVII. CURRENT BUSINESS
25. REQUEST TO CONSTRUCT NON - STANDARD, PRIVATE IMPROVEMENTS IN
THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD - ENCROACHMENT
PERMIT N2011 -0190. [100 -20111
Public Works Director Badum provided the history of the request and stated that staff
recommends that Council approve the encroachment permit.
Mayor Pro Tem Gardner spoke in support of the request.
Council Member Selich and Public Works Director Badum discussed the fact that previous
objections to the request in 2006 have been mitigated.
Lawrence Tebak, property owner, thanked Council for considering his application. Mr.
Tebak and Public Works Director Badum agreed to work together to ensure that there is no
net gain in the use of public right -of -way as a result of the request.
Council Member Hill spoke in support of the request
Motion by Mayor Pro Tem Gardner, seconded by Council Member Selich to
approve the following: reconstruction of private retaining wall to eliminate the angle point
provided that the retaining wall is moved forward toward the residence to ensure no net loss
of public area occurs due to the realignment; addition of a tan colored stucco finish to the
retaining wall; installation of landscaping and irrigation on the City slope in front of the site
between the retaining wall and Ocean Boulevard. Landscaping and irrigation plans shall be
approved by the Public Works Department and Municipal Operations Department prior to
installation; replacement of the driveway in front of the site with stamped concrete;
installation of an above ground gas meter with two concrete pipe bollards; installation of a
below ground Edison three -phase transformer vault; and requiring an encroachment
agreement for all non - standard private improvements within the public right -of -way.
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
26. MARINA PARK, CONTRACT NO. 3897 - AUTHORIZE EXECUTION OF
COMPROMISE TITLE SETTLEMENT AND LAND EXCHANGE AGREEMENT.
[381100 -20111
Deputy Public Works Director Webb provided a brief overview of the staff report.
Council Member Daigle and Mayor Henn congratulated Deputy Public Works Director Webb
and staff for thew efforts.
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Jim Mosher noted that the cost of the interim lease is not specified in the staff report.
Motion by Council Member Curry, seconded by Council Member Rosansky to
approve and authorize the Mayor to execute an agreement in substantially the same form as
the Agreement presented in the staff report with the California State Lands Commission to
permanently fix and establish the location of the boundary line between State sovereign
lands and uplands by the Agreement as the Agreed Boundary Line (this Agreed Boundary
Line will represent the common boundary between sovereign lands of the State and City
owned uplands within the subject property).
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
XVIII. MOTION FOR RECONSIDERATION -None
XIX. ADJOURNMENT - Adjourned at 9:30 p.m. in memory of Fort Bragg Council Member Jere
Melo
The agenda for the Regular Meeting was posted on September 8, 2011, at 4:00 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
W
Clerk
Recording
Mayor
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