HomeMy WebLinkAbout01/25/2011 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
January 25, 2011— 7:00 p.m.
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION - 5:53 p.m
A. Conference with Legal Counsel - Existing Litigation (Government Code S 54956.9
(a)): One matter:
Status Report on Pending Litigation: We will report on a global basis on all pending
litigation involving the City. This is an informational item only. No action, however, may
be taken on any item unless it is specifically noticed below.
Basabe vs. Avila, et al, Orange County Superior Court Case No. 30- 2010- 00433049.
Pacific Shores vs. City of Newport Beach, USDC Case No. SACV 08 -00457 AG (PLAx).
Newport Coast Recovery vs. City of Newport Beach, USDC Case No. SACV 09 -0701
DOC (ANx).
B. Public Employee Performance Evaluation (Government Code S 54957(b)(1)):
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of two public employees.
Titles: City Manager and City Clerk
C. Conference with Legal Counsel - Exposure to Litigation (Government Code 6
54956.9(b)):
Potential exposure to litigation from allegations that the Morningside Zoning Agreement
was not properly adopted under state law.
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
City Attorney Hunt reported that just prior to entering into tonight's Closed Session, Council votec
unanimously to add Morn v. City of Newport Beach which has threatened litigation arising out o:
the Morningside Settlement Agreement. The item arose after the Closed Session Agenda was
posted. No reportable action was taken with the exception of the matter of Basabe v. Avila, et al foi
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which Council voted 7 -0 to authorize defense of the matter.
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church
M
Proclamation Designating February 6, 2011, as Ronald Reagan Day - Mayor Henn read the
proclamation and presented it to Larry Porricelli, Regency Theaters District Manager.
' -- 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 Hill announced that he and his colleagues attended the OPIS Network "Helping
100 Businesses in 100 Days" workshop.
Mayor Pro Tom Gardner announced that the Citizens Bicycle Safety Committee will meet on
Monday, February 7 at 4:30 p.m. in the Fire Conference Room.
Council Member Daigle announced that she attended the business workshop and stated that it is
the City's intent to remain proactive with respect to business. She reported that a makeup session
of the "Helping 100 Businesses in 100 Days" workshop will be held this Saturday at 9:00 a.m. at
the OASIS Senior Center.
Council Member Curry encouraged everyone to take advantage of "Restaurant Week" He
announced that he attended in the Police promotion ceremony. He noted the premier of the film
Ronald Reagan - An American Journey on Thursday at 7:30 p.m. at the Lido Theater and noted
that attendees will have an opportunity to view a clay model of the Reagan memorial and meet the
artist.
Council Member Selich attended the 1/1 Marine Foundation Beach Challenge fundraiser to raise
money to assist marines with unexpected expenses for their families.
Mayor Henn discussed the 1/1 Marine Foundation fundraiser and related events. He encouraged
everyone to participate in the February 5 e -waste collection event from 8:00 a.m. to 1:00 p.m. at
the Newport Coast Community Center and the February 5 Council Priority Goal Setting Session at
the OASIS Senior Center at 8:30 a.m. He reported that he also attended the Sister Cities dinner,
the Speak Up Newport event, the launch party for Restaurant Week, and multiple D.A.R.E
graduations. He announced that his newest granddaughter, Reagan Victoria, was born a week ago
today at Hoag Hospital.
XII. CONSENT CALENDAR
B. ORDINANCES FOR ADOPTION
3. CITYWIDE SPEED LIMIT ORDINANCE - SECOND READING. [100 -20111
a) Conduct second reading and adopt Ordinance No. 2011 -1 amending Chapter
12.24 (Special Speed Zones) of the Newport Beach Municipal Code regarding
increasing and decreasing State speed limits; and b) direct staff to replace /modify
all speed limit signs requiring changes to reflect new speed limits.
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5. NEWPORT BUSINESS PLAZA (PA2008 -164) - 4699 JAMBOREE ROAD
AND 5190 CAMPUS DRIVE - GENERAL PLAN AMENDMENT NO.
GP2008 -007 - PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. PD2009 -001 - TENTATIVE PARCEL MAP NO. NP2010-
006 (COUNTY TMPM NO. 2010 -101). [100 -20111 a) Conduct second reading
and adopt Ordinance No. 2011 -3 approving Planned Community Development
Plan Amendment No. PD2009 -001 to amend the Koll Center Newport Planned
Community text
6. AMENDMENT OF THE NEWPORT BEACH MUNICIPAL CODE, TITLE 9 -
FIRE CODE. [100 -20111 Conduct second reading and adopt Ordinance No.
2011 -4 amending the Newport Beach Municipal Code Title 9, Chapter 9.04 (Fire
Code), by amending Section 9.04.040, Section 9.04.050, Section 9.04.060, Section
9.04.070, and Section 9.04.0120.
7. ADOPTION OF AMENDMENTS TO THE 2010 CALIFORNIA BUILDING
CODES AND NEWPORT BEACH MUNICIPAL CODE, AND ADOPTION OF
THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE AND
2009 UNIFORM SWIMMING POOL AND HOT TUB CODE. [100 -20111 a)
Conduct second reading and adopt Ordinance No. 2011 -5 relating to adoption of
amendments to the 2010 California Building Codes and Newport Municipal Code,
and adoption of the 2009 International Property Maintenance Code and 2009
Uniform Swimming Pool and Hut Tub Code; and b) adopt Resolution No. 2011 -9
setting forth findings for the proposed amendments.
C. ORDINANCE FOR INTRODUCTION
8. PUBLIC PIER TIME LIMITS AND RULES: ORDINANCE RELATING TO
AMENDING THE TIME LIMITS AND RULES FOR THE CITY S PUBLIC
PIERS. [100 -20111 Introduce Ordinance No. 2011 -6 amending Newport Beach
Municipal Code Section 17.01.030, Section 17.25.010, and Section 11.20.060 which
amends the time limits and rules for the City's public piers, including the added
definition for "Dinghy" or "Tender," and pass to second reading on February 8,
2011.
D. RESOLUTIONS FOR ADOPTION
9. BUCK GULLY RESTORATION PROJECT - CONTRACT NO. 3780 -
ADOPTION OF THE MITIGATED NEGATIVE DECLARATION (MND).
[381100 -20111 Adopt Resolution No. 2011 -12 approving the Buck Gully
Restoration Project Mitigated Negative Declaration (MND) and the Mitigation
Monitoring and Reporting Program (MMRP) on the basis of the entire
environmental review record.
10. RESOLUTION MODIFYING THE PAYING AND REPORTING OF THE
VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION FOR
PART -TIME EMPLOYEES AND CITY COUNCIL MEMBERS. 1100 -20111
Adopt Resolution No. 2011 -13 to modify the paying and reporting of the value of
the Employer Paid Member Contribution to the California Public Employees
Retirement System (PERS) for Part -time Employees and City Council Members.
E. CONTRACTS AND AGREEMENTS
12. DREDGING REGIONAL GENERAL PERMIT RENEWAL AND SEDIMENT
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TESTING - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH NEWFIELDS (C- 41713). [381100 -2011] Approve a Professional Services
Agreement with NewFields for sediment analytical services for the renewal of the
City's RGP -54 at a contract price of $112,500, and authorize the Mayor and City
Clerk to execute the agreement.
13. PURCHASE OF 2011 JUNIOR LIFEGUARD PROGRAM UNIFORMS. [100-
2011] Award the 2011 City of Newport Beach Junior Lifeguard Program uniform
purchase to Quiksilver, for the total cost of $138,000, plus tax.
14. GRANT OF EASEMENT AND JOINT USE MAINTENANCE AGREEMENT -
2700 WEST COAST HIGHWAY (C4715). [381100 -2011] Approve the Grant of
Easement and Joint Use Maintenance Agreement between the City and Mariners
Mile Company (Ned McCune, Grantor and General Partner).
F. MISCELLANEOUS
16. PLANNING COMMISSION AGENDA FOR JANUARY 20, 2011. [100-
20111 Receive and file written report.
19. PAPER REDUCTION PROJECT - I- PAD /TABLET PILOT. [100-
20111 Receive and file.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosanskv to approve
the Consent Calendar, except for the items removed (1, 2, 4, 11, 15, 17, 18 and 20)
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
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING OF JANUARY
11, 2011. [100 -20111
In addition to the amendments provided to Council, Council Member Hill requested that
page 2 of the minutes be amended to read, "...believed that more pedestrian pods are
needed..."
Motion by Council Member Curry, seconded by Council Member Rosanskv to
waive reading of subject minutes, approve as amended, and order filed.
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
2. READING OF ORDINANCES AND RESOLUTIONS.
Jim Mosher reminded Council that the City, in accordance with Charter Section 412, is
required to read at least the titles of each ordinance and resolution before adoption.
City Attorney Hunt responded similar to his response in October 2010 that this is a
convention utilized as part of the City's culture and that it does not result in any failure to
report or provide information to the public. All of the City's agendas, agenda items,
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ordinances and resolutions are posted on the internet. The nuance exists that Council has
the power to control its own agenda and, in his opinion, the Council need not take action
contrary to its current practice to fulfill its obligation.
Motion by Council Member Selich, seconded by Council Member Rosansky to
waive reading in full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
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
4. SECOND READING AND ADOPTION OF ORDINANCE NO. 2011 -2 PERTAINING
TO A MUNICIPAL CODE AMENDMENT TO REQUIRE AN OPERATOR LICENSE
FOR CERTAIN ESTABLISHMENTS THAT OFFER ALCOHOLIC BEVERAGES
FOR ONSITE CONSUMPTION IN COMBINATION WITH LATE HOURS,
ENTERTAINMENT, AND /OR DANCE (PA2010 -041). [100 -20111
Milo, speaking as a musician, believed that the proposed ordinance would allow police to
blame the musicians and certain ethnic groups for crowd disruption. Mayor Henn
explained that there is an appeal right through the City Manager.
Mayor Pro Tem Gardner stated that she was also opposed to the ordinance but would
further consider the matter.
Council Member Hill pointed out that the ordinance does not focus on musicians and
crowds, but on the operator of the establishment.
Motion by Council Member Hill, seconded by Council Member Rosanskv to a)
conduct second reading and adopt Ordinance No. 2011 -2 amending the Newport Beach
Municipal Code and incorporating Chapter 5.25 establishing the requirement for an
Operator License; and b) adopt Resolution No. 2011 -11 establishing the fee for filing an
appeal of the Chief of Police's determination on an Operator License.
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. PROFESSIONAL SERVICES AGREEMENT WITH JON C. KINLEY DBA
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (ECIS) FOR
GREASE CONTROL DEVICE INSPECTION PROGRAM, GREASE CONTROL
DEVICE PLAN REVIEW AND SERVICES, AND POST SANITARY SEWER
OVERFLOW INSPECTIONS. [381100 -20111
In response to Council questions, City Manager Kiff stated that in the past, the City has
not charged for this type of inspection because the City believes that the inspections are
essential to keeping the bay and ocean free from sewer spills. He also stated that, if a
restaurant has a tank that was less than 750 gallons, the facility would be subject to more
frequent maintenance depending on the type of food provided by the establishment. No
establishment is required to go back and reinstall a larger receptor. However, new
improvements would require compliance with the 750 gallon tank requirement.
Motion by Council Member Curry, seconded by Council Member Rosansky to
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approve an agreement with ECIS for grease control device inspection program, plan review
services and post sanitary sewer overflow inspection services for one year with an option of
two one -year extensions, and authorize the Mayor and City Clerk to execute the
agreement.
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. CORONA DEL MAR WATER TRANSMISSION MAIN - PROFESSIONAL
SERVICES AGREEMENT FOR CONTRACT NO. 4603. 1381100 -20111
Dick Nichols stated that he was not clear whether this report pertains to a water or sewer
main. He also asked what it was supposed to do, why it was needed at this time, and why
the City needed a 30 -inch main going to a 24 -inch main. City Manager Kiff reported that
the City has a Water Main Master Plan. Each year the Council assigns money from the
water rate revenue to continue upgrading the City's water main system on a priority basis,
depending on the age of the main, and this project is consistent with the City's Master
Plan. Council Member Daigle added that this project is related to a water transmission
main since it comes from the Big Canyon Reservoir.
Motion by Council Member Curry, seconded by Council Member Selich to approve
a Professional Services Agreement with PSOMAS of Santa Ana, for design and
construction support services at a not -to -exceed fee of $302,617, and authorize the Mayor
and City Clerk to execute the agreement.
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
17. REQUEST FOR BUDGET AMENDMENT TO COVER SPECIALTY LITIGATION
COSTS - PARTICULARLY GROUP HOMES LITIGATION. 1100 -20111
Council Member Daigle questioned the Specialty Litigation Costs, indicating that footnote
2 stated that the Office of the City Attorney is prepared and capable of handling this
matter in -house if directed to do so. She wondered whether it might be more cost - effective
to handle these matters with outside counsel. City Manager Kiff responded that he
believed Council Member Daigle was referring to the Morn v. City of Newport Beach matte
during which he identified the amount of money he anticipated it would cost the City tc
litigate the case should it actually be filed and pursued. Council Member Curry statec
that he would defer to the City Attorney to determine whether a matter should be handlec
in -house or referred to outside counsel because the City has a good track record ir
successfully dealing with these types of issues.
Council Member Selich indicated that he appreciated that this matter was before the
Council now rather than after monies have been spent.
Denys Oberman asked why the City decided to enter into a 25 -year agreement with
business owner who has refused to comply and who apparently disrespects this communit3
and this business owner was not required to apply for a use permit in a manner required o:
other similar business owners. City Attorney Hunt responded that this is a very complex
issue that was addressed in the context of the Morningside Zoning Agreement for whiel
many public hearings were held and that matter is not the subject of the matter at hand.
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He believed that the speaker's questions go beyond the scope of the published agenda. The
Council deliberated the matter and determined that this project brings value to the City
that renders this matter worth pursuing and this item simply addresses the cost of that
matter, should it be filed and prosecuted. Mayor Henn stated that it is germane to the
City's obligation to defend the matter and City Attorney Hunt agreed.
Dick Nichols stated that this item is about group homes and that the business is supposed
to have a license to operate these types of homes. Mayor Henn pointed out that this item
is about a budget amendment.
Jim Mosher stated that he could not understand what amount is being requested. City
Manager Kiff stated that the $262,000 is intended to cover the budget for the balance of
the year. The other amount is what he forecasted for the balance of the year that was
available from other budget accounts. The net budget increase is $262,000.
Lori Morris believed that Mr. Nichol's question was valid. City Attorney Hunt explained
that this request is for monies for out -of- pocket expenses the City would likely incur as a
result of multiple litigations during the balance of the year. It highlights where the money
has been spent to date and what he anticipates will be spent for the balance of the next six
months. There is a possibility that a small portion of that amount may be utilized should
the City be sued by Morningside Recover and whether, in that event, the City Council will
decide to utilize in -house counsel or seek outside counsel. He emphasized that he wanted
the Council to see what the anticipated expense would be for the balance of the year. This
item is not about Morningside Recovery and this agenda item is not specifically about
group homes, but discusses the expenses for outside counsel and the need to augment the
City's budget to cover those expenses.
Motion by Council Member Selich, seconded by Council Member Rosansky to
approve Budget Amendment No. IIBA -028 to transfer $262,900 from reserves to budget
line item 0510 -8657 in order to cover the cost of Group Homes litigation and other
specialty litigation year to date and through the balance of the year.
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
18. REVIEW OF OFFICE OF THE CITY ATTORNEY MISSION, GOALS AND
STANDARDS. [100 -20111
Jim Mosher believed that the Office of the City Attorney needs to improve its interface
with the public. He urged Council to scrutinize this office more carefully.
Motion by Council Member Selich, seconded by Council Member Rosansky to
receive and file.
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
20. PROPOSED AMENDMENTS TO COUNCIL POLICY F -14 AND PURCHASING
POLICY F -5. [100 -20111
City Manager Kiff presented amended language relative to reporting out contract
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information to Council.
Jim Mosher questioned Council's desire to delegate contracting authority to certain staff
members and asked whether the Brown Act would be subverted. He requested that typos
be corrected.
City Attorney Hunt stated that there is no issue with respect to the Brown Act since the
provision states that it is a notification and it is not polling the Council. He added that, if
any Council Member wishes to have an issue brought to them regarding an emergency
contract, that one Council Member can take that action.
In response to Mayor Pro Tem Gardner's questions, City Attorney Hunt explained that
"Department Director" is clear within the organization and the Municipal Code needs to be
updated because the City is currently reorganizing. He stated that staff is comfortable
that Department Director titles meet the City's needs for the long term. He indicated that
he was not familiar with any conflict between F -5 and F -14 and that the City Clerk's Office
maintains contracts.
Motion by Council Member Curry, seconded by Council Member Rosansky to
adopt Resolution No. 2011 -15 amending Council Policies F -14 (Authority to Contract for
Services) and F -5 (Purchasing Authority for Goods and Materials).
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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XV. CURRENT BUSINESS
21. MESA CONSOLIDATED WATER DISTRICT TELECOMMUNICATIONS FACILITY
PERMIT (PA2010 -046) - 36 RIDGELINE DRIVE - TELECOM PERMIT NO. 2010 -005
- REQUEST FOR A WIRELESS TELECOMMUNICATIONS FACILITY PERMIT TO
INSTALL A SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM. (100-
2011]
Acting Planning Director Campbell provided the staff report. Council Member Curry
abstained from participating in this decision because, although he lives outside of the 500
foot notification radius, he can see the facility.
Motion by Council Member Rosanskv, seconded by Council Member Selich to a)
review the application, pursuant to Section 15.70.070(F) of the Newport Beach Municipal
Code; and b) adopt Resolution No. 2011 -16 approving Telecommunications Permit No.
2010 -005, subject to the findings and conditions of approval.
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 Daigle
Abstain: Council Member Curry
Without objection, it was the consensus of Council to consider Item 23 prior to
discussing Item 22.
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23. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING
SECTIONS 6.04.070 AND 6.040.240 OF TITLE 6 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO COLLECTION OF GARBAGE AND
RECYCLABLES AND PENALTIES FOR VIOLATIONS OF CHAPTER 6.04. [100 -
2011J
Police Lieutenant Martin thanked staff for their help in drafting the proposed ordinance
and provided the staff report.
Mayor Pro Tem Gardner asked who should be called when violations are witnessed and Lt.
Martin responded that either Code Enforcement or the Police Department. However, his
department prefers to respond to more significant violations because higher priority calls
might be delayed.
Mayor Henn stated that it was his understanding that adjacent cities have more stringent
ordinances that call for tougher penalties and, as a result, Newport Beach has been widely
known as a target of opportunity and low risk. Lt. Martin agreed and stated that if the
proposed ordinance is adopted, it will give enforcement much greater leverage to
prosecute. Mayor Henn stated that given these facts it would be incumbent upon staff to
make sure that it is widely publicized that Newport Beach has put themselves in the ranks
of other cities that have implemented this type of policy and for enforcement to make some
arrests. Although this may be a low priority matter, he would encourage the Police
Department to raise the priority to a higher level and make some arrests. He asked if this
ordinance permitted the impounding of vehicles. Lt. Martin responded that if the police
department arrests the commercial operator, the vehicle can be impounded.
Council Member Rosansky asked if this kind of behavior was typically done at night and
Lt. Martin responded that the usual times are early morning and early afternoon, but it
can occur at any hour.
Motion by Council Member Rosansky, seconded by Mayor Henn to introduce
Ordinance No. 2011 -7 amending the Newport Beach Municipal Code Section 6.04.070 and
6.040.240 of Title 6 of the Newport Beach Municipal Code pertaining to collection of
garbage and recyclables and penalties for violations of chapter 6.04, and pass to second
reading on February 8, 2011.
Mayor Pro Tem Gardner pointed out that the offenders seem to know the trash pickup
schedule.
Cindy Koller thanked Chief Johnson and the Police Department for their responses and
proposing these changes because she believed it would make a difference on the Peninsula
since there are daily occurrences in her area.
Dan Persol thanked Council for considering this new ordinance.
Lori Morris thanked Chief Johnson and the officers who respond quickly when called. She
believed that the new ordinance will greatly deter the offenders.
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
22. LIDO VILLAGE CONCEPTUAL PLAN. [100 -2011]
Acting Planning Director Campbell provided the staff report and recommended that if
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appropriate, the City Council approve Alternative 5B. Tim Collins, TC Collins and
Associates, announced that tonight's presentation materials will be uploaded to the City's
website. He indicated that this presentation would conclude hi company's contract
obligations with respect to this project, but that his firm would be available for further
input should the Council so determine. Mr. Collins presented an overview of the
conceptual plan as he moved through the PowerPoint presentation that included
additional information and conclusions set forth by Council during the January 11 Study
Session. Todd Larner, William Hezmalhalch Architects, spoke about the architectural
structure of the plan as it would best function within the footprint, and how it would best
capture the synergy of the surrounding uses and merge the indoor /outdoor lifestyle of
Newport Beach for the current and long term future uses.
City Manager Kiff discussed the City's community centers and their programs and how the
proposed facility would enhance those programs. He further outlined staffs
recommendation.
In response to Council questions, City Manager Kiff stated that there would be some
repetition in facilities and programming but the primary need for the community is the full
sized gym; due to challenges during the recent storm with the waves coming so close to the
lifeguard facility and parking lot, it would be appropriate to consider relocating that
facility to perhaps the Marina Park where portions of the facility could be used as training
rooms; since it consistent with coastal uses; and a smaller second story gym could be
contained within the height limits shown on the drawings, but a full size gym would
probably require adding 10 to 15 feet to the facility height.
Mayor Pro Tem Gardner recalled that the Council had not reached full agreement on the
retail aspect of the plan and asked for further discussion on that subject this evening. She
stated that she was concerned because there had been some very thoughtful public input
that was in conflict with earlier discussions.
Council Member Daigle stated that she also has concerns about whether the City would be
further restricted with respect to future retail. In addition, she confirmed that the
discussion about housing type would require further study because no decision had been
reached.
Council Member Hill stated that, although building the community center would take
away from the profitability of the site, he believed that this is a good opportunity for a
community center. He added that, if the City could achieve the community center with
little or no capital cost and produce a revenue stream to pay for the ongoing operations
costs, that would be the perfect solution. He expressed support for including the gym,
believed the gym would draw individuals to the retail areas, and the gym would offer a
synergistic marketing opportunity. He noted that, if the City closed the 15th Street
community center, it could be leased and that location could be used for assisted living
housing, and the the money could be pledged into COPs which may be able to fund the
capital costs to build the center. He suggested keeping Finley Avenue as joint use and
believed that the canal would be costly to construct and maintain. He emphasized that the
area needs to remain a space for people. He expressed opposition to building the sky bridge
since it would take people away from the retail environment; however, the sky bridge path
should be the path for the public. He requested that the loading area be fully screened
with an articulated concrete wall on the east side.
Mayor Henn indicated that he agreed with the community that Council should move
forward carefully. He emphasized that this is a concept plan only and this matter will not
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be concluded this evening since Council has many facets to consider before reaching final
decisions, like determining how the specific planning for the area proceeds forward with
the concept plan as a launching platform, and as Council continues to refine it, more public
input is received, and financial analysis is completes.
Don Howard, Duda Company, representing the owners of the Via Lido Plaza, expressed
support for Alternative 5B. He asked that Council approve the concept this evening with
two exceptions: 1) removal of the sky bridge and 2) further discover the opportunities for
access on Finley Avenue. Mr. Howard stated that his group strongly encourages a parking
management study that includes taking a close look at the party boat permitting process
and how those permits would impact the parking space availability required for the retail
operators. Mr. Howard submitted additional letters of support from tenants and property
owners.
Council Member Selich believed that the grocery store area had been increased and that
there were insufficient parking spaces. Mr. Howard stated that at Alternative 5B would
include rooftop parking spaces.
Hugh Helm, Lido Isle resident, stated that he appreciated Mayor Henn's comments about
the Council taking time to complete its due diligence in order to make the best possible
decision. He encouraged Council to work out the lot line adjustment issue with Via Lido to
allow them to proceed with their planning. He agreed that the project is an effort to
revitalize the area so the City is successful in the future and is designed to be a
destination. He added that the Lido Isle Homeowner Association agrees that the canal and
sky bridge should be eliminated, and recommended market value housing.
Louise Fundenberg, Central Newport Beach Homeowner Association, asked that the
Council delay its decision until more outreach is conducted and other alternatives are
considered. She indicated that the association believes that the City should move forward
with the lot line adjustment and retain Finley Avenue access, but not commit to
development restrictions that would limit the value of the property.
Lyndon Golin, Regency Theaters, stated that he would welcome any enhancements to the
communal experience of the theater and the center in general.
Craig Batley agreed with Mayor Henn about slowing down the process and congratulated
the City on holding seven public input meetings because people need to understand the
project. He stated that he did not understand what adopting the concept plan means, how
the project would move forward, and what components would be included and
implemented.
Bob Rush believed that the discussion and analysis is incomplete and wondered what
would be agreed upon tonight and whether a center would attract the type of visitor that
would provide sufficient revenue to sustain it.
Linda Klein, Lido Isle, stated that she was surprised about how many rehabilitation
clients are in the area and expressed the opinion that their presence would deter residents
and visitors away from the center.
Robin Sinclair remembered the communal spirit that existed 25 years ago and would love
to have a revitalized area downtown rather than having to go to Fashion Island.
Denys Oberman felt that some of the proposed uses might cannibalize hotel uses but
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January 25, 2011
supports the destination and urged Council to commit to the anchor uses before City Hall
uses were finalized. She also encouraged Council to look at market rate residential uses
that would be compatible with surrounding uses, rather than assisted living and affordable
housing which would be more suitable for other areas.
Willis Longyear stated that he would like Council to consider an open space/central plaza
with high quality housing. He believed that the Lido Village seems to have been taken
over by recovery homes which has placed a burden on the area.
Dave Olson, Via Lido Drug, felt the project would work to the benefit of the community and
other retailers in the area.
Lori Morris stated that residents may benefit from the proposed uses but expressed
concern that meeting rooms and some businesses would be taken over by rehabilitation
facilities. She also expressed concern about parking and "agreed that the canal should be
removed, stated no preference relative to the sky bridge, but stated that people need to
cross the street safely. She also felt an anchor hotel would help.
Mayor Pro Tem Gardner felt that if the meeting rooms were staffed with City personnel,
there would be strict operating hours and users would not be allowed to linger.
Motion by Mavor Henn, seconded by Mayor Pro Tem Gardner to approve the
amended Alternative 5B as the concept plan, with the following changes: 1) Village center
size up to 15,000 square feet, subject to further review upon receipt of a master plan study
from staff for City facilities and programming in the westside of Newport Beach; 2) a
residential element of approximately 85 dwelling units of market rate housing; 3) no
determination for now as to inclusoin of retail elements on the site; 4) elimination of the
sky bridge; 5) retention of greenbelt and public plaza areas, but deferral of canal feature
pending further study for feasibility and cost; 6) require parking demand for party boats
docked at Lido Marina to be satisfied outside the planning area upon rebuilding of the
marina; and 7) incorporation of points of consensus reached at the Council Study Session
of January 11, 2011, to the extent not inconsistent with this motion, including dual access
for Finley Avenue, the need to complete the Via Lido Plaza lot line adjustment quickly,
willingness to consider density increases in return for open area, and willingness to
consider height variances in return for improved view plans and more open space.
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
24. REQUEST APPROVAL FOR ORGANIZATIONAL AND STAFFING CHANGES IN
COMMUNITY DEVELOPMENT DEPARTMENT AND CITY MANAGER'S OFFICE.
[100 -20111
City Manager Kiff provided the staff report and requested that Council approve the
staffing changes outlined in the staff report.
In response to Council questions, City Manager Kiff explained the division of duties,
indicated that he is considering contracting out some of the services but has not made a
decision about moving forward in that direction at this time, and believed the City has not
clearly defined economic development to determine whether this can be handled in-
house.
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City Council Minutes
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Council Member Hill congratulated City Manager Kiff on this thought process and
direction. He viewed the Deputy Community Development Director position as an
ombudsman for business and an overview position that could coordinate fire, traffic, etc.
He believed the economic development function should report directly to the Community
Development Director. In the essential job duties description, he suggested adding a bullet
dedicated to economic development.
Council Member Curry congratulated staff on improving the City's operations and said he
would like to see a more customer centric focus as a part of these changes.
Council Member Daigle felt it was essential to modernize the City's organization and
agreed that the Deputy Community Development Director should oversee all areas of
concern for better integration.
Mayor Henn stated that he was pleased to move into this phase of organization and
encouraged the inclusion of a strategic IT plan.
Jim Mosher expressed concern that regarding the proposal since these changes, according
to the Charter, require an ordinance.
City Attorney Hunt agreed, but reported that there will need to be a change to the
ordinance and staff requires direction from Council in order to make those changes. He
added that once staff has direction from Council the ordinance will be brought before the
Council for approval.
Motion by Council Member Selich, seconded by Council Member Rosanskv to
approve proposed staffing and organizational changes for the Community Development
Department and City Manager's Office.
City Manager Kiff noted that he will add customer service and economic development
bullets to the Community Development Director's job description.
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
XVI. PUBLIC COMMENTS
Joel Ojora, Protect Our Parks, reminded Council that it has been 6% years since a hotel at the
Marina Park site had been rejected by the voters and 54 years since a park was recommended on
the site. He asked for a status report on the Marina Park project with emphasis on the resource
analysis and where the project fits in the City's overall vision.
Mayor Henn indicated that there has been a lot of work done on the Marina Park project and
believed that a meeting of the Marina Park Committee would be held in about a month to update
the residents.
Craig Morrisette, Central Newport Beach Community Association, stated that the association is
disappointed that the Marina Park project was not on the Coastal Commission's January 2011
agenda. He indicated that the association members are ready to help move this item forward and
would be willing to attend Coastal Commission meetings in other jurisdictions.
Diane Romick, Pacific Ridge, presented a thank you card to Detective Prouty who assisted with the
arrest of individuals who had overtaken a property in her neighborhood.
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Mayor Pro Tem Gardner hoped that Council consider moving Public Comments to an earlier spot
on the agenda.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT -10:22 p.m.
The agenda for the Regular Meeting was posted on January 19, 2011, at 4:10 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Regular Meeting was posted on January 21,
2011, at 4:44 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
Recording
Mayor
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