HomeMy WebLinkAbout01 - Minutes - AmendedAgenda Item No. 1
May 24, 2011
City Council Minutes
City Council Study Session
May 10, 2011 — 2:00 p.m.
I. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
II. CURRENT BUSINESS
1. CLARIFICATI(
2. FISCAL YEAR 2011 -2012 BUDGET [
City Manager Kiff explained that this
review the proposed Fiscal Year 2011
typically adopted until June. He utilize
summary of prior year budget action:
fiscal sustainability plan, expecte yee
and expenditure projections, ^riit�i
critical decision points.
- None
.st`th at of many opportunities to
.udge\tJnoting that the budget is not
verPoint presentation that included a
P,1,0 FY 10 -11), budget principles, a
losing projections, FY 11 -12 revenue
in FY 11 -12, program changes, and
In response to Council q st'onW ity Manager Kiff explained that capital outlay is
a budget section ,�f'e minor purchases, such as equipment purchases;
stated that the T' a an s a gement Fund would generate more revenue to put
toward the Capital I royement Programs (CIP); and clarified the amounts within
the general fund cdn_ tr rltion and the CIP, and explained their functions.
Mayor H n n . Employer Paid Member Contributions (EPMC) as the cost of
retiremen a d pension benefits paid by the City on behalf of the employees.
Police ChieLluison utilized a PowerPoint presentation that included a brief
overview of the Police Department's proposed budget cuts, core responsibilities to
the community, net reductions, increases in sworn officers to patrol, positive impacts
for the community, budget reduction impacts to the community and vetting
options/direction for the AirBorne Law Enforcement (ABLE) program. He stated
that there are no layoffs in this plan and that anyone in a position that is being
eliminated would be moved to a vacancy that currently exists in patrol.
In response to Council questions, Police Chief Johnson clarified that the elimination
and addition of certain division positions would result in a net savings of $2 million,
explained the responsibilities and workload of an Assistant Chief in comparison to a
Captain, discussed the creation of a new and more efficient patrol schedule,
referenced the statistic sheet detailing ABLE's work throughout the County,
encouraged Council to sit in on an ABLE patrol shift, gave potential buyout options
within the provisions of ABLE's program noting that any costs would be taken from
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City of Newport Beach
City Council Study Session
May 10, 2011
the reserve funds and not the general fund, acknowledged that under the private
sector option Costa Mesa could at anytime reconsider their participation in the
ABLE program which would in turn help defray the cost of the program, stated that
the ABLE helicopters are scheduled to fly 1,500 hours per year and approximately
five hours per day, elaborated on the City's shared helicopter resources with
Huntington Beach, Orange County Sheriff's Department and Anaheim, and noted
that the City has a readily available helicopter from 4:00 p.m. to 2:00 a.m. every day.
City Manager Kiff stated that the City needs to have a disposition of the helicopters
so it could take care of all the assets and then transfer the reserve, discussed other
viable models the City could pursue regarding the ABLE program, acknowledged
that each option would have some level of concern and requested that Council review
the issue further and decide on the proper course of action.
Council Member Curry commended Police Chief John§ nXand City Manager Kiff on
the budget presentation which focused on performance eaasurement, benchmarking
and doing things differently, expressed his appreciatiV initiative that these
proposals show in improving police service on/the bhile reducir7g costs,
acknowledged the concerns regarding t P lirmn�{ or�b .A.R.E program, and
directed staff to come up with differenn �o s t uplace the D.A.R.E program,
such as running the program with non- orn,p - sonnel. He agreed that without
Costa Mesa, the ABLE program would no% e viable, urged staff to provide some
options and cost estimates to CounciLso tl t rdy could appropriately evaluate the
information and make an infor edele Qn / He acknowledged the importance of
helicopter patrol especially in are s 1 }�e� atrol officers cannot reach.
Council Member Hill stated th ways very pleased with the depth of thought put
into the Police Depar•tra br� t and hopes that the community recognizes that
effort, clarified that P e D program is eliminated the City could explore the
option of contracting m`dPatized ce services if needed, and recommended that the
City retain contro o t e rogram by privatizing out as many elements of the
program tha s�can e i' and sell the services of the program to as many
buyers apiosksiblL>t� set the operational costs.
Mayor PrJ Tdm Gardner disagreed with Council Member Curry stating that the
D.A.R.E Ov9 am needs to be provided to all schools within the City in order to be a
viable progt�m but agreed to look for other ways to deliver a program even if it is
not the D.A.R.E program per se,and verified that the salary levels would remain the
same even if an officer is transferred to a different budgeted vacancy.
Mayor Henn noted that he is very much in favor of seeing if there is a program
similar to D.A.R.E that delivers much of the same benefits without using a sworn
officer so that it preserves a positive interaction between children and police officers.
Police Chief Johnson made reference to the City of Cypress and a program they are
putting together using a non -sworn officer in place of their D.A.R.E program.
Mayor Henn expressed support for looking into non -owned and non - managed
solutions for the ABLE project such as contracting with another police agency or
doing an RFP to the private sector. He noted that the City would still maintain
some sort of control without being in the helicopter business.
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City of Newport Beach
City Council Study Session
May 10, 2011
Council Member Daigle stated that she appreciates the Police Department's efforts
to look into other solutions for the ABLE program and stated her interest in the
private sector, particularly in working with another agency.
Fire Chief Morgan utilized a PowerPoint presentation that included the Fire
Department's budget development parameters, budget development actions,
lifeguard operations, organizational adjustment considerations, organizational
adjustment pertinent rescue data from 2005 -2010, organizational adjustment
actions, current budgeted organizational chart, pertinent data and a proposed
seasonal deployment model with an overall savings of about $1.5 million - $1.6
million dollars or 5% of the Fire Department's budget.
In response to Council questions regarding lifeguard functions, Fire Chief Morgan
noted that there will be three at -will positions, stated4 �t\hat there are around 30 -40
recues in the off season period, stated that he is worg with staff as well as the
Lifeguard Management Association (LMA) to make ur that the .42 FTEs are
properly trained and available when needed, noted th a currently has three
boats but plans to maintain a two boat deployment syste . —
Council Member Curry asked whether th Fir � \ ' nt can assure the public
that the beaches are going to be safe duifn th \\Vr if these changes are put in
place. Fire Chief Morgan responded by rta\tin�tQa based on the current economic
conditions, these proposals provide a to to native to lifeguard staffing which
moves and flows with the dynamic n eti f tYi community and visitors to the City.
Council Member Rosansky s . e to the lifeguard division create a list of the
core services it provides, as1C many lifeguards are really needed to patrol the
beaches, and suggested cro s t a on or contracting out of the administrative-
type functions.
Fire Chief Mor sta tat he agreed with Council Member Rosansky's
commentss,� state "14�t five permanent lifeguards accentuated by seasonal
deployn ent was a s icrent number of lifeguards needed to patrol the beaches,
clarified t�j�.chan e - job duties, and reassured that all requirements and aspects
were beirig'ep�trred
Council Mgmbber Curry stated that he appreciated the Department's direction and
collabor•atiV efforts, and listed issues of concern including resource allocation,
efficient staffing, and the utilization of City assets and resources.
In response to Council questions, Fire Chief Morgan explained the Department's
plan to make staffing more dynamic with the ability to surge based on capacity and
agreed that scheduling needs to be addressed to eliminate overlapping.
Council Member Daigle commented on the long -term budget goals to reduce costs
and improve operations and expressed her support for the City Manager's decision.
Mayor Henn questioned how the proposal will accommodate safety responsibilities
including beach coverage, training and preparedness during the offseason, and
suggested redistribution of overtime hours to those at the lower end of the pay scale.
He stated that he is in support of the targeted budget savings as long as the
objective requirements are satisfied.
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City of Newport Beach
City Council Study Session
May 10, 2011
Council Member Hill requested more information about the scheduling overlap and
expressed concern regarding the pay scale.
Brent Jacobsen, Lifeguard and President of the Lifeguard Management Association
(LMA), commented on the difficultly of maintaining the level of expertise and
professionalism among part -time employees because of their limited work hours, and
requested that Council look at how day -to -day staffing is affected.
Eric Bauer, retired Lifeguard Battalion Chief, expressed his concern regarding
temporary employees and the proposed budgets cuts to the lifeguard division.
City Manager Kiff thanked Chief Johnson and Chief Morgan, stated that he
respected the full-time lifeguards' willingness to talk about other options and
reminded the public about the upcoming study session�n\fwo weeks.
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 3:57 p.m. �2'
T he agenda for the Study Session was pos4\ ` !/" 1. at 2:25 p.m. on the
City Hall Bulletin Board located outsi e of he City of Newport Beach
Administration Building.
Recording Secretary
City Clerk
Mayor
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Now 1-11 IN 11111'w
City Council Minutes
City Council Regular Meeting
May 10, 2011 — 7:00 p.m.
I. STUDY SESSION - 2:00 p.m.
II. CLOSED SESSION - 3:57 p.m
F1
N
54956.9(a)): Three matters:
1. Pacific Shores v. Newport Beach, U.S.
00457 AG (PLAx) 4
2. Newport Coast Recovery ad\Ye {l
Newport Beach, U.S. District Court as,
3. MORN v. City of Newport Bead QQ,CS(
The City Council will mt
employment, evaluation of
employee.
Titles: City Attorney
Human
Case No. SACV 08-
Recovery v. City of
'09-0701 DOC (ANx);
Case No. 30-0211-0044700
session to consider the appointment,
discipline, or dismissal of one public
Dave Kiff, City Manager; Terri Cassidy,
Employee Organizations: All Labor Associations: Association of Newport Beach
Ocean Life u rds (AhBOL); Lifeguard Management Association (LMA); Fire Beach
Fire Management Association (NBFMA); Newport Beach Firefighters' Association
(NBFA); Police Management Association (PMA); Police Employees' Association (PEA);
and Fire Management Association (FMA); City Employees Association (NBCEA);
Newport Beach Professional & Technical Employees Association (NBPTEA); Newport
Beach Employees League (LABEL); Newport Beach Part -Time Unit (UPEC, Local 777)
Conference with Real Property Negotiator (Government Code & 54956.8):
Property: 19752 MacArthur Boulevard, Irvine, APN 445 -132 -009
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: South Coast Thrift & Loan (First California Bank)
Under Negotiation: Price and Terms of Payment
Property: 19742 MacArthur Boulevard, Irvine, APN 445 -132 -011
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
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City of Newport Beach
City Council Minutes
May 10, 2011
Negotiating Parties: Bates Johnson Building, Ltd.
Under Negotiation: Price and Terms of Payment
Property: 19712 MacArthur Boulevard, Irvine, APN 445 - 132 -018
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: CIP Centerpoint 123, LLC
Under Negotiation: Price and Terms of Payment
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
VI.
VII.
Present: Council Member Hill, Council Member Rosansky
Henn, Council Member Selich, Council Member C
CLOSED SESSION REPORT
City Attorney Hunt reported that there was no rep rtable�
PLEDGE OF ALLEGIANCE - Council MembeNgsaVE
VIII. INVOCATION - The Reverend Peter D
Episcopal Church
IX. PRESENTATIONS
Poppy Week Proclamation
Poppy" Rachel Heideman and
251. Ms. Heidemen read the oc
Pro Tem Gardner, Mayor
tncil Member Daigle
nt Michael and All Angels
-ad the proclamation and introduced "Miss
President of the American Legion Auxiliary
Field."
Relay for Life Procla a 'on Mayor Henn read the proclamation and presented it to
Peggy Fort and Na L fe Committee. Ms. Fort and the leadership team were
introduced, an o4ervie of eJevent's purpose was provided, and the public was invited to
participate in this\yV's Relay for Life on May 21 and May 22.
Presentation Re�a�qa/ing`"the Second Harvest Food Bank Annual Stamp Out Hunger
Food Drive - AA1D'eMarco, volunteer, spoke regarding the hunger epidemic occuring in
Orange County and & upcoming food drive that is being held in partnership with the United
States Postal Service. Ms. Martin mentioned the website: www.feedoc.org.
Presentation Regarding the 1st Battalion 1st Marines Care Package Drive -
Krisztina Scheeff, volunteer, spoke regarding the recent deployment of the 1st Battalion 1st
Marines and stated that the Marines look forward to receiving care packages. She read
letters from seventh graders from Ensign Intermediate School and invited the public to visit
the website: www.oneonemarines.com.
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 (VON- DISCUSSION ITEM)
Mayor Pro Tem Gardner announced that May is National Bike Month, invited the public to
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May 10, 2011
the Family Bike Ride on May 15, 2011 and the upcoming cyclovia, and reported on the
MODOC "California Forward" meeting.
Council Member Daigle commented on the recent OASIS volunteer recognition lunch and the
Yacht Club openings events and recognitions.
Council Member Curry commented on the Newport Beach Film Festival and the 89th
Opening of the Balboa Yacht Club, and announced that he represented the City at the grand
opening of the Black Star and Cross Jewelry Store and the art exhibit at the Old Courthouse
in Downtown Santa Ana, and discussed his budget presentation at Speak Up Newport at the
Newport Beach Yacht Club.
Council Member Selich announced the Annual Balboa Artwalk on May 15, 2011
and the Carroll Beek Center Grand Reopening on Friday, May 20, 2011.
Mayor Henn commented on the Closing Night Ceremony for tli � Newport Beach Film Festival
and the "Pop Goes Lido" event, the Meet the Mayor event on May 7�the upcoming Chamber of
Commerce Annual Dinner, Neighborhood Revitalization MeetIih.g on IV�iay 12, the Tidelands
Management Committee Meeting on May 13, the Leader o� raw event at the Central
Library, the Exchange Club Field of Flags event ggMay rt)n th Annual Relay for Life on
May 21 and May 22. \ \ 1 \1
XII. CONSENT CALENDAR
A. READING OF M
0
1. MINUTES FOR 7
OF APRIL 26, 201
as written, and orde
2. READING
full of all/�
Clerk to X
SESSION AND REGULAR MEETINGS
11 Waive reading of subject minutes, approve
4CES AND RESOLUTIONS. Waive reading in
resolutions under consideration, and direct City
5. FINANCIAL STATEMENT AUDIT CONTRACT APPROVAL (C- 4776).
[Y,�,YAO -2011) Authorize the Mayor and City Clerk to sign a contract with
Died; Evans & Company, LLP to perform the City's annual financial audit
for the fiscal year 2010 -11, with the option to renew the contract for another
three additional one -year terms.
6. RHINE CHANNEL CONTAMINATED SEDINIENT CLEANUP -
AWARD OF CONTRACT NO. 4555. [381100 -20111 a) Approve the project
plans and specifications; b) award Contract No. 4555 to Dutra Dredging
Company for the total base bid price of $3,369,555 plus $80,850 for extra
work associated with the Lido Yacht Anchorage which will be completely
funded by the Curci Companies, and authorize the Mayor and the City Clerk
to execute the contract; c) authorize the City Manager or his designee to
execute any future agreements with private parties who may seek additional
dredging along their docks. This extra work, if any, will be entirely funded by
the private party requesting the extra work; d) approve Budget Amendment
No. 11BA -042 recognizing a contribution of $80,850 from Curci Companies
and appropriating $80,850 to Account No. 7231- C4402005; and e) establish
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May 10, 2011
XIII.
an amount of $517,561 (approximately 15% of base bid and extra work) to
cover the cost of unforeseen work not included in the original contract.
CARROLL BEER COMMUNITY CENTER IMPROVEMENTS -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4507.
[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; and c) release the
Faithful Performance Bond one year after Council acceptance.
E. MISCELLANEOUS
S. PLANNING COMMISSION AGENDA FO &MAY 5, 2011. [100 -20111
Receive and file written report.
to
approve the Consent Calendar, with the exception of the Item oyej(3 and 4).
The motion carried by the following roll call vote:- A._
Ayes: Council Member Hill, Council Member Rj&nsjkyjWyor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council MejFer Cry, Council Member Daigle
3. ORDINANCE PERTAINING TO IM BUILDING AND FIRE BOARD OF
APPEALS; AND RESOLUTION j3ETTING FORTH THE MEMBERSHIP,
TERM, AND PURPOSE AND RE9PONSIBILITIES OF THE BUILDING AND
FIRE BOARD OF APPEALS. 1100 -20111
Council Member elill questioned the reason for amending the Building and Fire
Board of eals s related to membership from those representing the physically
disable Manager Kiff requested that this item be continued to a future
meeting fljk11jW further research and to allow the new Community Development
Director taIIJIMIklus matter.
Motion b�ouncil Member Hill. seconded by Uouncil Member Kosanskv to
continue thfT item to the June 14, 2011 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
4. ORDINANCE NO. 2011 -12 AMENDING NEWPORT BEACH MUNICIPAL
CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN
RESIDENTIAL DISTRICTS. 1100 -20111
Council Member Daigle commented that she would not be supporting the ban on leaf
blowers. In response to her questions, City Manager Kiff explained the proposed
outreach and education program, and strategies for enforcement.
Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to
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May 10, 2011
an amount of $517,561 (approximately 15% of base bid and extra work) to
cover the cost of unforeseen work not included in the original contract.
CARROLL BEER COMMUNITY CENTER IMPROVEMENTS -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4507.
[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; and c) release the
Faithful Performance Bond one year after Council acceptance.
E. MISCELLANEOUS
8. PLANNING COMMISSION AGENDA FOR MAY 5, 2011. [100 -20111
Receive and file written report.
Motion by Council Member Hill, seconded by Council MAkr Rosanskv to approve
the Consent Calendar, with the exception of the Item removed
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member k or Pro Tem. Gardner, Mayor
Henn, Council Member Selich, Council Me ouncil Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
S. ORDINANCE PERTAINING TO TI, BUILDING AND FIRE BOARD OF
APPEALS; AND RESOLUTION 1jE TING FORTH THE MEMBERSHIP,
TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND
FIRE BOARD OF APP S. 1100 -20111
Council Member Hil ned the reason for amending the Building and Fire
Board of Appeals �s o membership from those representing the physically
disabled. Manage ' requested that this item be continued to a future
meeting r further research and to allow the new Community Development
Directors matter.
L7
continue thifftem to the June 14, 2011 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
4. ORDINANCE NO. 2011 -12 AMENDING NEWPORT BEACH MUNICIPAL
CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN
RESIDENTIAL DISTRICTS. [100 -20111
Council Member Daigle commented that she would not be supporting the ban on leaf
blowers. In response to her questions, City Manager Kiff explained the proposed
outreach and education program, and strategies for enforcement.
Motion by Council Member Curry, seconded by Mayor Pro Tern Gardner to
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City Council Minutes
May 10, 2011
conduct second reading and adopt Ordinance No. 2011 -12 amending Newport Beach
Municipal Code Title 6, Chapter 6.04 (Garbage, Refuse and Cuttings) by revising
Section 6.04.055, pertaining to gas- powered leaf blowers in residential districts.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member
Curry
Noes: Council Member Rosansky, Council Member Selich, Council Member Daigle
XN. PUBLIC COMMENTS
XV.
Jim Mansfield, representing the Banning Ranch Conservancy, read into the record a letter
from the President of the Conservancy. The Conservancy requested to be a party in the
drafting of the restoration plan to preserve Banning Ranch a pen space. He made several
inquiries related to the process prior to submission of t document to the Coastal
Commission. ��
Council Member Rosansky and Council Member Curry exp cerns relative to the
lawsuit filed against the City by the Banning Ran Con, fated to the Sunset Ridge
Park project and questioned why the City would ctt help fr d/ Wentity that is suing it.
Mayor Pro Tern Gardner spoke regarding the _Vp Fuming Coastal/Bay Water Quality
Committee and Harbor Commission joint meeting.
r
Council Member Curry commented'A tv� budget briefing held with the Finance
Committee.
Mayor Henn noted the recentAeetmg Je July 4th Committee with the Police Department
and staff. He mentioned the pub &putreach to the homeowners associations and the
community regarding the to and unruly gathering ordinance.
XVI. PUBLIC HEARINGS
9. APPEAL OF MINIMUM SIDE SETBACK DETERMINATION (PA2011 -013) -
BROADM R PACIFIC VIEW PLANNED COMMUNITY. 1100 -20111
Acting Pla g Director Campbell and Senior Planner Murillo provided the staff
report. A PowerPoint Presentation was displayed to discuss the history of the
Broodmoor community, a review of the tract maps and its development standards, the
ambiguous setback language for the project which results in the inequity for
development within the community, and the resolved language that was approved by
the Planning Commission.
Council Member Curry stated that he supported the White family in their appeal and
that the Planning Commission performed its due diligence in reviewing this matter.
Mayor Henn opened the public hearing.
James White, owner of the subject property, noted his request for clarification on PC-
18 related to the setback map (views) in the Broodmoor community. He
mentioned that the existing document does not allow for development outside the
original footprint of the house and suggested creating a process for each subject
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May 10, 2011
property to review any proposed development changes.
Bill Moore, President of Broodmoor Seaview Homeowners Association, noted that the
White family is objecting to a remodel request by one of their neighbors.
Kenneth Krause commented that the property views are the matter of contention in
this case. He mentioned that the homeowners association could have resolved the
issue; however, it resulted in litigation initiated by himself.
John Richter, attorney representing the neighbor considering the remodel, noted that
PC -18 has provided guidance in the setbacks for this community. He mentioned that
setback concerns should be determined at the homeowners association level and
suggested that the "5 and 5" setback proposal would provide structure for future
development in the community.
Hearing no further testimony, Mayor Henn closed }he public hearing.
Motion b Council Member Curry, seconded b Co ember Rosansk to
uphold the determination of the Planning Commissi t e Broadmoor Pacific
View Planned Community test is silent o the appli side setbacks in non-zero
lot line configurations, and therefore, to vide eq d certainty with regard to
development limits, a determination shotl be ma .requiring a five -foot minimum
side setback.
The motion carried by the following roll;,, e:
Ayes: Council Member Hill, Council M%0ber R.osansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member lich, Council Member Curry, Council Member
Daigle
10. WEST NEWPORT MNNTS: A) 6480 W. COAST HIGHWAY (PA2010-
190) - KENNAR P TY; B) 6904 W. COAST HIGHWAY (PA2010 -014) -
THE NATION TECTION SOCIETY; AND C) 6908 -6936 W. COAST
HIGHWAY (PA ) - FROG HOUSE - AMENDMENTS TO THE
GENERAL P ASTAL LAND USE PLAN, AND THE ZONING CODE TO
CHANGE SIGNATIONS OF TWO PROPERTIES (THE NATIONAL
CAT PRO TION SOCIETY AND THE FROG HOUSE) FROM TWO -UNIT
RESIDEN (RT AND RT -E) TO MUMD -USE VERTICAL (MU -V); AND
ONE PRO RTY (KENNARD PROPERTY) FROM TWO -UNIT RESIDENTIAL
(RT AND RT -E) TO GENERAL COMMERCIAL (GC). [100 -20111
Acting Planning Director Campbell provided the staff report and utilized a
PowerPoint presentation to highlight the location of the three properties, the code
amendment summary, and how the draft ordinance affects the area.
Council Member Rosansky acknowledged that he owns property within 500 feet of the
subject matter properties and recused himself from the deliberation. He proceeded to
leave the Council Chambers.
Mayor Pro Tem Gardner suggested a straw vote on this matter.
Without objection, Council conducted a straw vote on the matter which reflected that
there was no objection to the staff recommendation.
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11.
Mayor Henn opened public hearing.
Alex Hoover expressed support for the historical Frog House in its existing location.
T.K. Brimer, applicant for the Frog House, expressed support for the proposed action.
Hearing no further testimony, Mayor Henn closed the public hearing.
Motion by Mavor Pro Tern Gardner, seconded by Council Member Curry to
adopt Resolution No. 2011 -41 approving General Plan Amendment Nos. GP2010 -002,
GP2010 -013, and GP2011 -002; and Local Coastal Plan Amendment Nos. LC2010 -002,
LC2010 -003, and LC2011 -001; and introduce Ordinance No. 2011 -15 approving Code
Amendment Nos. CA2010 -012, CA2011 -003, and CA2010 -013 to change the zoning
districts, and pass to second reading on May 24; 2011.
er
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Amendment No. PD2011 -001 and Code Amendment No. CA2011 -004, and pass to
second reading on May 24, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Piro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
12. MALARKY'S IRISH PUB APPEAL (PA2010 -172) - 3011 NEWPORT
BOULEVARD - AN APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT NO. UP2010 -039 AND
COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002, AUTHORIZING THE
EXPANSION AND REMODEL OF AN EXISTING EATING AND DRINKING
ESTABLISHMENT WITH LATE HOURS AND ALLOWING THE USE OF OFF-
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IAll I it
SITE PARKING. [100 -20111
Motion by Mayor Henn, seconded by Council Member Rosanskv to continue
this item to the May 24, 2011 Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
13. LOUD AND UNRULY GATHERING ORDINANCE. 1100 -20111
Police Lieutenant Hartford provided a staff report d acknowledged the public
outreach and information campaign that was conducte ted to this matter.
Deputy City Attorney Rowen outlined the specifics relative to4tations and civil fines
which would be assessed to a property in violation-and rePA�ted that property owners
may have limited liability related to tiont, a pOdded a summary of the
citation/violation process.
In response to Council questions, Deput rney Rowen further outlined the
Notice of Violation (NOV) that would be on the property owner versus the
assessment of liens. He noted- that other than the South Coast Apartment
Association, no opposition comments were received from the outreach meetings.
Council Member Hill expressed FoWerns regarding the notification procedures,
believing they should also kAude email, telephone, and other forms of
communication, in ad#tion to a9ding a letter. Deputy City Attorney Rowen noted
that the City has discussed alternative forms of notification to provide as many
means of communkation with each subject matter property, but emphasized that the
City neejilb&E pe`irecord for any notices served on the property or the property
owners.
Richard urged the Council to expedite the passing of the ordinance. He
recomme that Council not consider barricading Balboa Boulevard on the Fourth
of July.
Kristine Simon spoke in opposition to the proposed ordinance, believing that it
inhibits the rights of landlords and business owners, and that it is excessive in its
restrictions.
Willis Longyear expressed concerns regarding specific provisions in the ordinance
that limits liability for the property owners.
Judy Legan, South Coast Apartment Association, expressed concerns regarding the
posting of the notices as it would affect the ability to rent adjacent units in the area.
Ken Rawson commented on the public outreach meetings and expressed concerns
regarding the posting of the notice on any cited property and how the ordinance could
negatively affect adjacent properties.
George Schroeder expressed support for the provisions of the proposed ordinance,
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City of Newport Beach
City Council Minutes
May 10, 2011
outlined the specific activities which would result in a violation, and stated that
rental property owners appreciate the help in managing tenants who are loud and
unruly.
Craig Batley requested clarification regarding the ticketing procedures for a
cooperating homeowner. City Manager Kiff noted that the goal is not to fine a
property owner who is working with staff to mitigate any violations.
Police Lieutenant Hartford displayed a flowchart which outlined the process Police
Officers would follow to assess a violation of the loud and unruly gathering ordinance.
Barbara Tollman requested that the ordinance's Safety Enforcement Zone be
clarified. City Manager Kiff acknowledged that municipal codes do reference separate
sections in order to properly address the various issues. Ms. Tollman noted that the
weekly and short -term rentals supplement the mcgqme of senior citizen property
owners and expressed concerns regarding the potentiahhlbility for property owners.
Mark Simon expressed concern that the propose�rdinance leaves too much
' s
discretion in the hands of the individual Police Offi4er AAe citations.
Police Chief Johnson noted that Newpoi
that some property owners have inappri
manage their loud and unruly tenants.
situations, the deterrent factor that we
the ordinance will be handled by the PD
Mayor Henn emphasized
unruly parties throughout
?ed a party reputation and
n the Police Department to
1 the true loud and unruly
of the ordinance, and how
dance was designed to regulate loud and
just on the Fourth of July.
Police Lieutenant Hart rd�nW a past situation which heavily impacted City
resources and could hSv�,el I n r vented if the proposed ordinance was in place. He
noted that loud ar�,dglnrillftar4es have occurred in every area of the City.
In respo se o�an`'nq iWfrom Council Member Daigle, Police Lieutenant Hartford
noted th t he Poh e Department will be placing procedures in place which will
document t e r e ture of any reported incident.
Carmen w on expressed concerns regarding the posting of the notice. She believed
that the h provision may not be a meaningful deterrent and suggested a credit
review provision.
Mark Rogers, Park Newport Apartments, opposed the proposed ordinance as they
have existing mechanisms to deal with loud and unruly tenants.
Council Member Curry noted that the goal is not to impact property values, but to
provide a tool for the City to protect residents from loud and unruly behavior. He
requested that the provision for the colored notice be changed to a black and white
notice.
Council Member Rosansky expressed concern with the amount of the violation as
proposed and suggested that first violation remain $1,500 and a cap of $3,000 be
placed on the second and third violations.
Council Member Selich noted his opposition to the proposed ordinance and was not in
favor of the potential devaluation of properties that would occur from the posting of
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City of Newport Beach
City Council Minutes
May 10, 2011
notices.
Motion by Mayor Henn, seconded by Mayor Pro Tem Gardner to introduce
Ordinance No. 2011 -13 adding Newport Beach Municipal Code Chapter 10.66
pertaining to Loud and Unruly Gatherings and amending Newport Beach Municipal
Code Sections 5.95.060 and 5.95.065 pertaining to Short Term Lodging Units, with
the following modifications: include a "black and white" notice rather than
fluorescent, which would be posted for ninety (90) days rather than one hundred
eighty (180) days, and to cap fines in the Safety Enhancement Zone at $$3,000, and
pass to second reading on May 24, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Curry
Noes: Council Member Selich, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XDC ADJOURNMENT - 9:25 p.m.
The agenda for the Regular Meeting was po t o 4, 2011, at 2:25 p.m. on the
City Hall Bulletin Board located outsi� h City of Newport Beach
Administration Building. � N ,
/1
City Clerk
Recording Secretary
Mayor
Volume 60 - Page 147