HomeMy WebLinkAbout01 - MinutesAgenda Item #1
November 9, 2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
(lntnhPr 26. 2010 —.2-20 n_m.
I. ROLL CALL
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
In response to Council questions regardingsltem 7 (Creation of &�geagan Centennial
Commission), City Attorney Hunt clarifisdihat Council will make" ``=al approvals and
the Commission will organize and exec,} the process. Mayor Curry ezls�ined the role
of the Commission and suggested "i,� 'the Parks, Beaches and;' Recreation
Commission (PB &R) get pubic input.
In response to Mayor Pro Te no's question regarding Item 8 (Budget Amendment
for the Purchase of a CNG -Po n for OASIS; Deputy Administrative Services
Director Matusiewicz stated tha , un ulated'titm AQMD can be appropriated
for any purpose that mitigates `pollutants a air lid reduce emissions. City
Manager Kiff offered to proved Counc' t ast seven year expenditures
from AQMD funds uty Gener a es Director isani clarified that some of the
funds were use, a refuse truck
In response Co Coune" i ember Garda 's question, Acting Planning Director Campbell
clarified that thmubuffek =aa e for evasive ecies is included in the proposed language of
the ode (Itxn'4)4
egarding Its 1 (Co tna del Mar Permanent Banner), Council Member Gardner
noted that when he pohcy, is brought back to Council, the public will have more
pportunity to pro mpue'£
ding Item (City Hall and Limited Off-site Holiday Closure), Mayor
Cur ed th the holiday closure will generate aleave balance savings of
approxi ly $80 00.
2. SOLAR EN SYSTEM INSTALLATIONS. 1100-20101
Acting Planning'Director Campbell utilized a Power Point presentation that included
the Solar Rights Act and the options that the City has during the approval process.
In response to Council questions, Acting Planning Director Campbell stated that the
City of Santa Monica relaxed their standards to promote solar panels. He
recommended that the City look at regulations that are based on health and
safety concerns, implement a- voluntary program with guidelines, " and provide
incentives. Regarding glare impacts, he stated that staff can explore locations prior to
approval of solar panels. City Attorney Hunt stated that amendments can go through
the Coastal Commission; however, categorical exclusions will require more research
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City of Newport Beach
City Council Study Session
October 26, 2010
before implementing
Mayor Pro Tern Henn encouraged staff to implement voluntary guidelines while
providing incentives.
Robert Olson expressed the importance of solar panel guidelines to the community.
Joe Silvoso encouraged the City to be the liaison between homeowner associations and
the Coastal Commission on issues relating to solar panel instal ` tions.
John Petry requested that the City take a more aggressiv pr( in regards to solar
panel installations and asked if trees can be placed sound existing solar panels to
create sight a barrier. fix'
In response to Council Member Gardner's
will visit existing solar panel locations to
Council is directing staff to take the most:
draft an ordinance that is consistent tl
evaluate and make recommendations Vegan
to health and safety issues, work with'' %.
information back to Council in January 201
Selich agreed to assess the pos bility of plat
3. _ 2010 CITIZEN SATISFACTID Y
Jon, City Atto Hunt stated that he
&: for glare impa" He clarified that
'ssive and assertive roach possible,
to law, prepare volutl�ry guidelines,
incentives, evaluate gI it relates
Coastal Commission, an' bring the
ity Manager Kiff and Council Member
`trees around the existing solar panels.
100,20101
-Chris Tatham ETC Institute, :pr 'ded a P `e t prsentation that included the
survey's purpose major topics, in odol maps ographics, survey disclosures,
perceptions oft 6 community, trend overall satisfaction.
Tom Olson provided a," handout with hrla evaluation of the survey results. City Manager
4 ..
Kiff stated thate wilT`provide copies o ylr. Olson's handout to Council.
M N e t tstated t h a k s ' t survey can be used for benchmarking and to
alyze tren He tected staff to evaluate the critical items and bring back
recommendation Coutic}i about how the City can get better. City Manager Kill
introduced the Int Comdnity Development Director Joel Fick. Mr. Fick discssed
s background an tated th he is honored to work for this City.
4. QUF&T DEMONS 'RATION/PRESENTATION. 1100 -20101
Applicat Sup isor Alfawi- Luengas utilized a PowerPoint presentation that
included t p pose of Quest, how it is used to improve customer service,
how in mr att is provided, and how requests are handled. City Manager Kiff
discussed how Quest can be used for project tracking, the benefits of project tracking,
and how it is used to track the status of Council projects.
Mayor Curry discussed the importance of improving customer service, expressed
appreciation to staff for their work, and requested that a hard copy of the presentation
be given to Council.
Council Member Gardner suggested that a general category be added and discussed her
experience with using the system.
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City of Newport Beach
City Council Study Session
October 26, 2010
III.
IV.
5. SOUTHERN CALIFORNIA EDISON PRESENTATION ON PLUG IN ELECTRIC
VEHICLES. [100 -20101
Bob Graham utilized a PowerPoint presentation that included the new plug -in electric
vehicles, responding to customer demands, engagement with cities and local
government, battery electric versus plug -in hybrid vehicles, the simple PEV readiness
message, educational fact sheets, and near -term collaboration.
Mayor Curry stated that the program gives options to residents, adds value to the
community, and helps residents save money.
6. COST OF SERVICES STUDY - HARBOR FEES [10 01
Administrative Services Director McCraner utihzad a PNa. int presentation that
included the Harbor fees background, componenisprocessaff recommendations..
In . response to Council Member Crardner.p question, rbor Resources
Manager Miller confirmed that the cost €or RGP is for testing and the 'ty is charged a
fee to apply to the agencies on a project?y project basis. He also discuss ` he City fees
for eelgrass surveys.
Mayor Curry stated that theia� fees
Henn added that the calculatio"
all fees analyzed by the City.
PUBLIC COMMENTS -None
ADJOURNMENT -5 :2 ". ,V k
The agenda for th 04tudy ession was p
City Hall Bulletin,�rd lojated outside
Building. Za
City Clerk
come from "a methodical process. Mayor Pro Tern
re done in a consistent manner and is one aspect of
on October 20, 2010, at 2:05 p.m on the
City of Newport Beach Administration
Recording Secretary
Mayor
Volume 59 - Page 604
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
October 26,2010 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:23 p.m.
A. Conference with Legal (�nnnRel _
III.
IV.
V.
VI.
C.
iN
54956.9(a)): One matter:
City of Newport Beach u. Back Bay
Case No. 30- 2010- 00385190a
Potential litigation regardingatj of notice
Commission for brush clearance adedly 1
Development Permit on City Sunset Ridge)f 1
Terri
City Council
Title:
RECESS
C, Orange County Superior Court
mated Litigation - E"osure to
One matter:
0 olation from California Coastal
Being erformed without a Coastal
�ropert for to City ownership.
Bill Avery; Human Resources Director
City Employees Association (CEA); Newport
as Association (Prof - Tech); Fire Management
meet in -*losed session to consider the appointment, employment,
ince, discipline, or dismissal of one public employee.
ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
CLOSED SESSION REPORT
City Attorney Hunt reported that Council took no action relative to the Closed Session items
listed on the agenda; however, announced that the City prevailed in a series of critical motions
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City Council Minutes
October 26, 2010
for summary judgment filed in the Pacific Shores Properties LLC, et al v. City of Newport
Beach litigation.
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION -Jim de Boom, Newport Mesa Irvine Interfaith Council
DL PRESENTATION
Cultural Arts Grant Checks Presented by the City Can ncf and the City Arts
Commission - City Arts Commission Chair Grant provided the a ual report and presented
the Human Services Grants to Youth Employee Services, Serr'tig People in Need (SPIN),
Orange County Council on Aging, Advocates for Grandparenty4-andchild Connection, Central
Coast YMCA, and Newport Harbor High School.'
X. NOTICE TO THE PUBLIC
Gip
Council Member Daigle announced that she attende''tk;)he Corona del Mar Home Tour and the
Central Library completed its first seasgn of What's CoAiAg. She also reported that the library
will be participating in National Novel ftigg Month in N&ember.
Council Member Gardner announced that o?as hnson hold a meeting with members of
the cycling community. She also requeste� sion (em come forward regarding
2901 West Coast Highway and the issue reIrge =arter boat so staff could receive
direction from Council Council Member Webb announced that he completed his goal of walking the
entire City prior econd ouncil term ex
Mayor Curry d ibiW eM1#&6 leis 8.t Meet the Mayor session and that the Upper
Bay Pr oje ''de` cats ta�ti` lace on Novber 6. He announced that all three bond rating
agen ' awarded the C with - rating and the highest possible rating for Certificates of
Cg
Par ' ation (COPs). ,
MI. CONS P CALENDAR
A. REYG OF MI TES/ORDINANCESAND RESOLUTIONS
1. M TE OR THE REGULAR MEETING OF OCTOBER 12, 2010. [100 -
201 a reading of subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20101 Waive
reading in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
C. RESOLUTIONS FOR ADOPTION
6. CITY HALL AND LIMITED OFFSITE HOLIDAY CLOSURE (C -2051, C-
2056, C -2058, C -2059, C -2060, C -2065, C -2932, C -2946, and C- 8288).
[381100 -20101 Approve the closure of the City Hall complex and provide limited
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E.
City services at off -site facilities from Friday, December 24, 2010, through and
including Friday, December 31, 2010 (the proposed City Hall closure does not
apply to Public Safety or other essential functions that provide necessary
municipal services).
D. CONTRACTS AND AGREEMENTS
8. BUDGET AMENDMENT FOR THE PURCHASE OF A CNG- POWERED
VAN FOR OASIS. [381100 -20101 Approve Budget Amendment No. IIBA -015
in the amount of $27,976 to utilize Air Qualit y M agement District (AQMD)
funds for an increase in cost due to the selection,pf''CNG power for an OASIS
van scheduled for replacement. n'
9. PLAYGROUND RESILIENT
COMPLETION AND ACCEP'
20101 a) Accept the completed
Notice of Completion; b) authc
Materials Bond 35 days after t
accordance with applicable per
Faithful Performance Bond one
10. CARROLL BEEK COMA
OF CONTRACT N ' I
and specifications; b)% e
responsible; c) award Cc"' tract 07 to Ponal~gr Enterprises for the total bid
price of $84,635, and aut ' orize
contract; d) establish an amount
and e) apjsYiiile Budget Am ,nd
$61320,''n State of Califor
Resources Borld Act Grant
".
PERMANENT BANNER SIGN FRAME. [100 -20101
RENOVATION - PHASE 2 -
CONT %ECTy O. 4494. [381100 -
d authoriz Clerk to file a
City Clerk se the Labor and
of Completion has gen recorded in
the Civil Code; an � a release the
Council acceptance.
TY CF4, TER IMPROVEMENTS - AWARD
W100 -21) 0 a) Approve the project drawings
ie bid fro m,`A2Z Construction, Inc. as non-
Receive file.
the and tie City Clerk to execute the
0 50 er the cost of unforeseen work;
nt No. 11B`013 recognizing an additional
Department of Parks and Recreation 2002
ding and appropriating $6,320 to Account No.
PLANNIN COMMkSSION AGENDA FOR OCTOBER 19, 2010. [100-
21 Re -ei a and file written report.
irwu ■u ma o g rro iem nenn seconaect b Uouncil Member Hosansk to
approve t ' Sca se Calendar, except for the items removed (3, 4, 5, 7, 13 and 14).
The motion d by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
S. SECOND READING AND ADOPTION OF CIVIL SERVICE ORDINANCE NO.
2010 -20, NEWPORT BEACH MUNICIPAL CODE CHAPTER 2.24 REGARDING
THE CIVIL SERVICE SYSTEM TO CONDITIONALLY REPLACE THE
CURRENT" CHAPTER 2.24 ADOPTED VIA ORDINANCE NO. 866, AND
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October 26, 2010
ADOPTING A RESOLUTION AMENDING THE CIVIL SERVICE BOARD
RULES AND REGULATIONS. [100 -20101
Dick Nichols requested and received clarification that Council only hires the City
Manager, City Attorney; and City Clerk; the hiring of Department Directors is handled
by the City Manager; and this form of government has not changed from what is
currently written in the municipal code.
Dr. Judy Rosener questioned the need to vote on the ordinance if nothing changed.
Council Member Gardner clarified that the City Manager's authority is not changing,
but other amendments to the Civil Service System are being`proposed in the ordinance
should Measure V pass.
Motion by Council Member Webb seconded ouWb Member Gardner to a)
conduct second reading and adopt Ordinance= , . 2010 -2' ertaining to the Civil
Service System (Newport Beach Municipal Codie'Section 2.24); b) adopt Resolution
No. 2010 -119 amending the Civil Service Boaa'"d Rul a and Regulati
The motion carried by the following rol�eall vote:
Ayes: Council Member Selich, Council Memo "6'Rosansky, Mayor Pro Tem ITenn, Mayor
Curry, Council Member Webb, Council DT inber Gardner, Council Member Daigle
4. ZONING CODE UPDATE( -034) - COtAMENDMENT NO. 2009 -001.
1681100 -20101
In response to Jim Mosher's quest, nis, City' t Huth discussed Charter Section
414 regarding pubjing ordinances . He ' dicated an ordinance summary of the
Zoning Code wiWi ee°d to be publis " nd the City Clerk's Office has prepared the
summary in aecordan with the Go nment Code in the event Measure V passes. He
confirmed tlr pu ing the entire or Nance would cost about $128,000.
Lori Morris noted s)te wadd suppo Measure V if ordinance publications was the
ord ever, a pointed out tr easure V contains 14 issues in one question.
om Billings a wit t, s. Morris and believed that Measure V is complicated.
response to Dic ichols gh`,4
stiona; Acting Planning Director Campbell clarified that
Zoning Code co I rs the entire City, the Floor Area Ratio (FAR) is not changing in
Co del Mar, th oning Code was vetted in over 45 meetings, and the document is
over ages. He eported that Section 20.37.100.C.1.a needs to be removed and that
staH iodi bring clean -up amendments to Council for adoption.
Motion b cil Member Webb seconded by Mayor Pro Tern Henn to conduct
second reading0and adopt Ordinance No. 2010 -21 relating to the comprehensive Zoning
Code Update (the draft Zoning Code Update wasprepared to implement the City's Land
Use Element and other policies affecting land use and development contained in the
2006 General Plan).
5. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO
FAIRCHILD ROAD) - ADOPTION OF MITIGATED NEGATIVE
DECLARATION. [100 -20101
In response to Dick Nichols' question, Council Member Daigle reported that the project
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October 26, 2010
will try to improve the area's level of service as it relates to traffic capacity.
Motion by Council Member Webb seconded by Mayor Pro Tern Henn to a)
approve the conceptual design of the Jamboree Road Improvements (Bristol Street
North to Fairchild Road) Project; and b) adopt Resolution No. 2010 -120 adopting a
Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting
Program (MMRP) on the basis of the entire environmental review record.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Nyor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gartner, Council Member Daigle
CONSIDERATION OF CREATION OF 1AGAN CENTENNIAL
COMMISSION AND ADOPTION OF A 111�UTION STABLISHING THE
RONALD REAGAN CENTENNIAL COMMISSION. [100 -20�J
Council Member Selich believed that the formation of a commi n is premature
without a recommendation from the Parks, Beaches and Recreation Co ission.
postpone forming the Newport Beach
City Council receives a reco "`` end
Commission.
Mayor Curry stated that he is
until PB &R Arid the Reagan Co
time constraint w,i „former P
2011. He also nofkd`Ww the 54
Z ev Icil Mern
consideration wt
faile(
that the
7 Council Member'Gardner to
Centennial Commission until the
Parks, Beaches and Recreation
i t the re not come back to Council
e wnundhdations. He pointed out the
gan's 114� birthday coming in February
been named.
t he is not opposed to honoring former
ishment of the 1/1 memorial was not a City-
; interested "parties work with staff in
and still have PB &R review the issue.
requested that the City take the residents' views into
A the perspective park. She stated that PB &R and Council
to Sake decisions about park signage.
that this is an unnecessary diversion of resources.
following roll call vote:
Ayes: Co ember Selich, Council Member Rosansky, Council Member Gardner.
Noes: Mayo rc Tem. Henn, Mayor Curry, Council Member Daigle
Abstain: Council Member Webb
Motion by Mayor Curry, seconded by Mayor Pro Tern Henn to a) adopt
Resolution No. 2010 -121 creating a Ronald Reagan Centennial Commission; b) solicit
applications for participation on the Commission; c) establish the number of members of
the Commission at eight members selected by the Council with a chairman appointed
by the Mayor; d) appoint a subcommittee for reviewing applications and recommending
appointment to the Commission; e) establish the purpose of the Commission; and f)
direct the Recreation and Senior Services Department to provide staffing to the
Commission. The item will come back to Council after the Parks, Beaches and
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City Council Minutes
October 26, 2010
XIV.
Recreation Commission and the Reagan Centennial Commission have made
recommendations so that Council fully understands the details, the costs, and who will
pay for the memorial.
The motion failed by the following roll call vote:
Ayes: Mayor Pro Tom Henn, Mayor Curry, Council Member Daigle
Noes: Council Member Selich, Council Member Rosansky, Council Member Gardner
Abstain: Council Member Webb
13. HUMAN SERVICES GRANT 2010-2011.[100-20101
In response to Dick Nichols' questions, City Manager indicated that the City has
been providing grants since 1985 and that organizalj s aNy to receive the grants.
motion by Uouncu member Webb seconded by Council "oMember Gardner to
authorize the allocation of $25,000 in HumajAerviees Grants to a)Xouth Employment
Services (Harbor Area) - $5,000; b) Serving People.in Need (SPIN) $3,500; c) Orange
County Council on Aging - $4,5091:!-d) Advocates for Grandpat t- Grandchild
Connection - $4,000; e) Central Coast YM0A - $5,000; and 0 Newport arbor High
School - $3,000.
The motion carried by the follo roll call vote y,
Nn
Ayes: Council Member Selich, CAmcifl%caber Rosansky Mayor Pro Tem Henn, Mayor
Curry, Council Member Wefif , Counc „ber Gardner, Council Member Daigle
14. UTILITY CONNE,q,TION GRAD' P RAM LICY AMENDMENT. [100-
20101
Dick Nichols ,questioney3 the need fort program.
Motion b Co'` ci Member WebblLseconded b Mayor Pro Tem Henn to
<A-rop> ame Foci tto allow for the participation of eligible
olds a r bursementk3asis subject to submission of qualifying
ntation. &I
tion carried the foging roll call vote:
ouncil Mem r Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
ry, Counc' Member Webb, Council Member Gardner, Council Member Daigle
Council Member DaigIrreported that Council Member Gardner, staff, and she met with the
Army Corps of Engineers relative to the Upper and Lower Bay dredging projects, and the Rhine
Channel dredging project. Council Member Gardner added that there was also discussion about
dredging the Newport Slough and Santa Ana River Marsh.
Council Member Gardner-reported that the Newport Bay Executive Committee discussed the
selenium issues and stated that the costs involved to mitigate the issue will be allocated to the
various cities.
XV. PUBLIC HEARINGS
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City of Newport Beach
City Council Minutes
October 26, 2010
15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO
UNITED PACIFIC WASTE, A CALIFORNIA CORPORATION. [421100 -2010]
City Manager Kiff provided a staff report.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
iv_iozion by uouncii Member Kosanskv seconded by Council Member Webb to
conduct second reading and adopt Ordinance No. 2010 -19 r ting to the award of a
Non - exclusive Solid Waste Franchise to United Pacific Was a California corporation.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member & nsky, Ma Pro Tem Henn, Mayor
Curry, Council Member Webb, Council N)ember Gardner,'buncil Member Daigle
16. NEWPORT BUSINESS PLAZA (PA200 164),".4699 JAMBO ROAD AND
5190 CAMPUS DRIVE. [100 -2010]
Associate Planner Brown utilized a Powers eit presentation to display Statistical Area
L4 (Airport Area), the vicinity map, and the proposed business plaza. She highlighted
the proposed plan and discus taece h Planning `"mission's approval. She reviewed
the recommendations and no there is al'N a recommendation to waive the
i
requirement for a developmen
In response to Council Member Yeopportunity ions ,'' Associate Planner Brown
highlighted the three,findings. Act
PI Dir Campbell indicated that staff
did not believe a,devefpment agreeded because of the size of the project.
Council Memb6 Daigle emphasize to revitalize the area, especially
since it is the'gateway into the City.
Council Member fxardrier egyested an received clarification from Acting Planning
Dir belhi arding�t odel, assumptions made when calculating
s, and the- son the net decrease in vehicle trips. He added that the General
Ian Amen n 's has -wn gross square footage, whereas the Planned Community
,,
Amendment is ba on _ uare footage. He confirmed that there is a discrepancy
tween the square otage on�Iie ground and the actual planned community text.
Ma Curry ope ' d the public hearing.
Meg Sh y, proj ct representative, stated that the principals for the project and the
project arc t ap in attendance if Council had any questions.
Laura Curran
r'equested more details about the project and stated that she is unsure
how this project could impact her or the environment. She noted that this project did
not go before the Environmental Quality Affairs Committee (EQAC).
Lori Morris noted that she had difficulty viewing the staff report online. She
questioned why the requirement for a development agreement would be waived, and
asked if there are entitlements and if this project falls under Greenlight.
Acting Planning Director Campbell noted that the application is for a general plan
amendment to increase entitlement and that this type of project does not require
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October 26, 2010
EQAC's review.
Evan Raabe, project architect, displayed the project location and proposed project plan,
and noted that the only residences near the project live in high rise towers. He stated
that it is the applicant's intent to create a gateway into the City from Irvine.
Hearing no further testimony, Mayor Curry closed the public hearing.
Council Member Rosansky noted that he and Council Member Selich sit on a committee
to negotiate development agreements for a couple of projectslynd questioned why the
City has not sat with the developer. to talk about *h; possibility of having a
development agreement.{
to continue the item until the City can have f q er discuns with the applicant
about having a development agreement. ,
Council Member Daigle stated that staff -can makb technical findiin relative to the
and indicated that she will not be su vik
project pportmg the continuance singe this project
is small compared to the other projects that have development agreeme" 's. Further,
she reiterated the importance of having econoiic revitalization in the area and creating
some type of gateway into the ity.
In response to Council p questi� ing Plamun.CQirector Campbell reported that
NBMC Section 15.45 requires t at n R n- resident"i� development in the Airport
Area requires a development ogre ent, no at theris a provision that allows for
a waiver of a development agreemt. .Co unc e Seich noted that the project is
11,000 square feetand questioned w}y it . s not nee development agreement.
Substitute motion by Council M'g her Daie9e seconded by Mayor Pro Tern
Henn to adapt Resolution No. 201022 documenting the following City Council
actions: 1) adopt, the lblitigated Neve Declaration, including the Mitigation
Monit nd Rejloitin'u azt, 2) prove General Plan Amendment No. 2008-
00 Tentii6jye Parcel�Nia "lf ij?0. 2010 -006; and 4) waive the requirement for a
evelopment eemen' and c) introduce Ordinance No. 2010 -22 approving Planned
Community De ve ` men t'` ? I n Amendment No. PD2009 -001, and pass to a second
eading for adoptio n Nove`i jer 9, 2010.
r Curry belie v that, in the interest of economic revitalization in this part of the
City due to the ze of the project, a development agreement is not necessary.
The substi mot n failed by the following roll call vote:
Ayes: Mayor P em Henn, Mayor Curry, Council Member Daigle
Noes: Council ember Selich, Council Member Rosansky, Council Member Webb,
Council Member Gardner
Council Member Rosansky pointed out that this issue will not just be inclusive of this
project since there are other developers who will be entering into a development
agreement with the City. He stated that City staff can meet with the applicant
regarding the development agreement issue.
Following discussion, City Attorney Hunt indicated that Council can continue the
matter and create a subcommittee or direct staff to meet with the applicant and come
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October 26, 2010
back to Council with a recommendation on whether to enter into a development
agreement. He indicated that the recommendation can come back on November 23;
however, if a development agreement is needed, it will need to come off Council's
agenda so it could be heard by the Planning Commission since it changes the project.
Amended motion by Council Member Rosanskv seconded by Council Member
Gardner to a) continue the item to the November 23 meeting; and b) direct City staff to
make a recommendation to the City Council as to whether the City and applicant
should enter into a development agreement.
The amended motion carried by the following roll call vote: >.
Ayes: Council Member Selich, Council Member Rosans ps'�ayor Pro Tem Henn, Mayor
Mem
Curry, Council Member Webb, Council berardir, Council Member Daigle
XVI. PUBLIC COMMENT
Mayor Curry recognized that most of the
Morningside Recovery home that opened at
Council has received their emails.
City Manager Kiff provided a statement relative`'
Thursday and emphasized that the Citj49es intend to
City Attorney Hunt emphasized that th i
but is in a difficult position. He stated. at M
zoning agreement's terms that were approved on
currently not in effect. He emphasized tha,the
out that Sober Livmg h 'Ihe ,Sea's review ill
members are de ?to grqup homes iss�
Island was vetted w j the City but the trmin , i'
the zoning agreement not m effect until
commitment to honor t -,grms Wed thai
during he '
g ,gen f2t adoption 011
attendance peak about the
I on Lido Islanal nd noted that
his meeting with the residents last
force its laws.
pncerned r i what happened on Lido Island
Wi , ide Re" is not in violation of the
�epti,28 bi `noted that the agreement is
i takes er,cement very seriously, pointed
te on the next agenda, at least three staff
and Morningside's decision to open on Lido
as a surprise. He reported that, even though
cember 28, Morningside has made a verbal
they are exempt from Ordinance No. 2008 -5
ng agreement and the effective date.
Willi ngyear stated : t ovei 400 people showed up to Morningside's open house and took
iss ith City Manager s contents that day. He believed that Morningside's lease is
invah d requested that e
City" quire. to cease its operation at least until
Decembe and the validit of the lease is established.
Bettina De' ' believed at the property was leased without all the heirs signing it. She
took issue with Man er Kiffs comments, noted that the City should insist that staff
enforce its ordinanc n he facility should cease its operation.
Lori Morris believed t t the facility is acting as a satellite facility and the City has- some -type
of connection with Morningside and Sober Living by the Sea. She believed that the taxpayers
will end up paying for the lawsuits if the facilities are not responsible for its clients.
Edward Cook indicated that he discovered.the flaw in the lease. He reported that he is building
a home near the facility and expressed concern for his children when they move in. He believed
the residents of the facility are not honorable and urged the City to protect Lido Island
residents' rights.
Tom Billings expressed his opposition to the facility being opened on Lido Island which has
never had a business operating on the Island and which is a dense residential neighborhood.
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October 26, 2010
He pointed out that Council and staff are supposed to be stewards of the City's quality of life
and requested that they fight for the residents.
Mayor Curry left the meeting at 8:50 p.m.
Cynthia Koller relayed her experiences with Morningside, believed that this facility is not
following ADP guidelines, and took issue that the City is not enforcing its ordinances.
Denys Oberman stated that residents report nuisances every day but the City does not enforce
its ordinances. She asked about the residents' rights and Vhestioned hat this is a land use
management issue. She urged the City to enforce the integral ovisions and took issue
that Morningside discovered a loophole to the agreement. S whether they will
open more facilities on Lido Island.
Paul Weinberg emphasized that homes are too close
facility is an incompatible use. He asked why the Cit.
out.
Jack Thomson indicated that he is the
violations that occur at the facility, and
values.
Mike Zawadski expressed his disappo tahetifac� n with Moffii
agreement by moving forward with thbefore the <
that Morningside is putting their profi "' R their pa
with the amount of smoking that occur ,.
Dr. Judy Rosener questionethe connectio betty the g
and stag and asked whyie�Gty cannot con' 0 s issue.
ther on o Island and that this
not tell th esidents once it found
3r to the facility, orted on the
for the impacts on property
for violating the spirit of the
ent was in effect. He believed
confidentiality and took issue
and members of Council
John Wallace expreod concern relative to th ed count and asked whether Morningside will
be opening more facil�i% on Loo Island.
Mary Helen le;
has mad any cone r
agree: nt and pointed
ha the City. She sta
an t he Lido Island fa
no mem f Council or st
Julie Ackerm oted that
being surprised t the f
Victoria Zawadski ex e
that the facility is viol in{
City enforce the agreement.
epreseiiFhY1rArningside Recovery, stated that Morningside
b: Pease the concerns of the public. She highlighted the zoning
at here is a cap on the number of ADP licensed facilities they can
that he locations in the zoning agreement were not set in stone
ty does `pt violate the agreement. She assured the audience that
have a relationship with Morningside.
Island is their home and not a business, and took exception to
. concern that the facility participants have no confidentiality and
many of the conditions in the agreement. She requested that the
Roger McGregor stated that he has not seen an issue unite Lido Island like this. He believed
that, under current code, the facility is not authorized to be there and requested that the City
remove them.
Laura Sharp expressed concern about what the City can do in these instances and asked about
penalties.
Candice Bruce, Morningside Recovery, apologized for the miscommunication relative to them
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City Council Minutes
October 26, 2010
moving in before the effective date of the agreement. She stated that they have been quick to
respond to issues that are brought to their attention and intend to abide by the terms of the
agreement even though it technically is not in effect. She indicated that it is not necessary for
the facility to be Health Protection Act (HPA) compliant. She discussed issues that have
occurred with residents to the facility residents. She stated that they are considering making
the facility a non - smoking facility and that it is not their intention to have other houses located
on Lido Island. She noted that they are at their capacity as indicated in the agreement.
In response to Mayor Pro Tom Henn's questions, Ms. Beatificato indicated that they are willing
to abide by the zoning agreement and are currently complying with thg Agreement.
Mayor Pro Tern Henn pointed out that this item is not on the agenda and Council is not in a
position to make a decision tonight. He assured everyone thaO ey will take all comments to
heart and will work on resolving this issue. 411
Regarding Ordinance No. 2008 -5, City Attorney HI.Mi' reported that lrel zoning agreement
m
states that there is a stay on enforcing the ordanee'pendmg the effectuate. Further, the
ordinance does not direct where an operator may, or may not locate, but onlyets parameters.
He reported that the City would normally not j able tp prevent Morningside it to placing six
and under facilities in the City; however, accepted amp on these types of facilities.
City Manager Kiff confirmed that Mor ingside consulted„him relative to whether three possible
homes would be in compliant, but he realized that' he should have told Ms. Bruce that
Morningside should wait until the Dece effective date «;,,City Attorney Hunt pointed out
that the City does not have any standing gar lease
In response to Council questions, City Att ney H sto ta at staff discouraged locating to
this site, but they are curxgii# V consistent th th law and m et the parameters of the zoning
agreement. As far as pgfsltiesand sanctions stated that the Planning Commission included
a provision that 31101E for notices of violatio , fines, and termination of the agreement. He
indicated that the CitylyBI be3ooking at reallo ting resources to the issue. He noted that, at
the November 9 meet�tig a", wall provide ormation regarding improvements to, and
enforcement obey °tinfb kffe
g p Il elopment agreement, as well as the City's
posture op° orcem f Orance 2008
h "rv?
City anager Kiff note hat gr16 homes are located throughout the City, not just West
Ne however, the nu = er of beave dramatically decreased since 2007. He encouraged
the pub to look on ADP's ebsite to'1see where the licensed facilities are located in the City
and other munities. He 'ghlighted the City's attempts to change legislation and indicated
that the City s the budget to hire more code enforcement officers if that is the Council's
desire.
Mayor Pro Tom He d that the City will be looking closely at this issue so it can provide a
better outcome for the sidents, as well as residents of the facility. He believed that the City
was on a good track with Morningside and that the City was going to be the beneficiary of real
and substantially improved standards. He emphasized that the City is going to do its best to
make the situation better. He stated that he lives on the Peninsula and his daughter and her
family live on Lido Island. He assured everyone that this is a high priority for himself, as well
as for Council as a whole. He noted that Council and staff have spent the last four years and
$2 million dealing with this issue on behalf of the residents to make it better and establish a
balance. He pointed out that the City has made substantial progress through its efforts in
court. He added that the City's ordinance is the most aggressive ordinance in the State, maybe
in the country. He reported that Council voted unanimously over the last four years to devote
time, energy and resources to make the problem better. He noted that the bed count has
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City Council Minutes
October 26, 2010
decreased from 700 -800 beds to 200 -250 beds. He pledged that Council will continue to work to
make the situation better.
Jim Mosher believed that the City is not following Charter Sections 407, 412 and 421.
XVII. CURRENT BUSINESS
17. DEFEASANCE OF THE 1998 LIBRARY CERTIFICATES OF PARTICIPATION.
[100 -20101
,
City Manager Kiff reviewed the recommendations outlined i�tTie staff report.
Motion by Council Member Rosansky, seconded by "ouncil Member Webb to a)
adopt Resolution No. 2010 -123 authorizing the d flea' nce of the 1998 Library
Certificates of Participation; b) authorize staff execMu the Escrow Agreement
substantially to form; and c) approve Budget Mriendment No. 4BA -014 appropriating
an additional $3,630,0.00 from General F��y�` appropriations rse�yes to defease the
1998 Library Certificates of Participation e
The motion carried by the following roll-6W vote:
Ayes: Council Member Selich, Council 11ber Rosansky, Mayor Pro Tom Henn,
Council Member Webber ouncil Member {ardner, Council Member Daigle
Absent: Mayor Curry
b
18. TRANSFER OF DEVELOPM1', T S IN NO#TH NEWPORT CENTER
PLANNED COMMUNITY (PA2040 -122) . ! A10I r
Acting Planning 1,R Campbell e ed that the transfer does not increase the
total square footage in::,,, lewport Cent nd there is no traffic impact.
o,
Dan Miller 1NNpeIrvinq.;Company, state that the transfer is needed in order to finalize
drawings prior t a building per 't. He indicated that this probably will not be
the s?iti sq ootagd'rasfs �i assured Council that the area will not have
motion n Vou it Me er Gardner, seconded by Council Member Webb to
dopt Resolution 2010 -1 which approves a) a transfer of development rights in
North Newport enter Planned Community for 1) 75,878 square feet of general
o from Block 10: to San Joaquin Plaza and 2) 45,236 square feet of general office
from ck 100 to B ck 600, and b) the relocation of 430 unbuilt residential units from
San Joa W Plaza Block 500.
Laura Cur ra nested that more descriptive diagrams be included in the staff
reports.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Council Member Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Curry
XVIII. MOTION FOR RECONSIDERATION - None
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City Council Minutes
October 26, 2010
XIX. ADJOURNMENT - Adjourned back into Closed Session at 9:53 p.m. in memory of
Richard Stevens and Pat Herzog.
The City Council reconvened at 10:30 p.m. and announced that no reportable action
was taken during the Closed Session. The meeting adjourned at 10:32 p.m.
The agenda for the Regular Meeting was posted on October 20, 2010, at 2:05 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building_
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