HomeMy WebLinkAbout01 - MinutesAgenda Item No
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, MaSy r Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR` =.None
2. FISCAL YEAR 2011 -2012 BUDGET 1.100 -20311
City Manager Kiff explained that this was4just the first of many opportunities to
review the proposed Fiscal Year 2011 -2012 Budget, noting that the budget is not
typically adopted until June.sHe� utilized a PowerPoint presentation that included a
summary of prior year budget�aaions (FY 09 -10,FY 10 -11), budget principles, a
fiscal sustainability plan, expected year' -end closing projections, FY 11 -12 revenue
and expenditure projections, key initiatives-m.-FY 11T2, program changes, and
critical decision points.
In response to Council questions, Ciiy- Manager Kiff explained that capital outlay is
a budget section that refers to minor purchases, such as equipment purchases;
stated that the Tidelands Manageme`at Fund would generate more revenue to put
toward the Capital improvement Programs (CIP); and clarified the amounts within
the general fund`coniribution and the .C.IP, and explained their functions.
'Mayor Henn defined Employer Paid Member Contributions (EPMC) as the cost of
retirement and pension benefits paid by the City on behalf of the employees.
-Police Chief Johnson utilized a PowerPoint presentation that included a brief
overview of the P,,olice 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 Sheriffs 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 deserve, 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 Ch
the budget presentation which focused on perl
and doing things differently, expressed his`ap
proposals show in improving police ,service
acknowledged the concerns regarding- the _elii
directed staff to come up with different opt
such as running the program with non -swoi
Costa Mesa, the ABLE program, would not 1
options and cost estimates to Concil so that
information and make an informed• decision.
helicopter patrol especially in areas wher6 paf
£`Johnson and-,City Manager Kiff on
7mance measurement, benchmarking
reelation for the initiative that these
n /the streets while reducing costs,
nation of the D.A.R.E program, and
ns to replace the D.A.R.E program,
personnel. He agreed that without
`< viable, urged staff to provide some
hey,`could appropriately evaluate the
He acknowledged the importance of
>1 officera cannot reach.
Council Member Hill stated the he. was very pleased, with the depth of thought put
into the Police. - Department's budget,;
effort, clarified that 4 the ABLE pro
option of contracting' maintenance s
City retain control oftthe ABLE progi
program that can, b'e- privatized and
buyers as possible`to.offset the operat
hopes that the community recognizes that
n is eliminated the City could explore the
ces if needed, and recommended that the
by privatizing out as many elements of the
L the services of the program to as many
1 costs.
Mayor Pro Tem Gardner_ disagreed with Council Member Curry stating that the
D.A.R.E program "needs to;,be, provided to all schools within the City in order to be a
,viable program but agreed tp look for other ways to deliver a program even if it is
riot the D.A.R.E program per say and verified that the salary levels would remain
theaame even if an officer is transferred to a different budgeted vacancy.
Mayor'H'enn noted that he is very much in favor of seeing if there is a program
similar td'D;:A,R:E that delivers much of the same benefits without using a sworn
officer so thatrit 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 life
noted that there will be three at -will positions,
recues in the off season period, stated that h'e
Lifeguard Management Association (LMA),to
properly trained and available when needed, no
boats but plans to maintain a two boat,4e ioyme
Council Member Curry asked whether the -FE
that the beaches are going to be safe during't,
place. Fire Chief Morgan responded by statin
conditions, these proposals provrde•_a logical a
moves and flows with the dynamic -needs of the
Council Member Rosansky suggested that the
core services it provides, asked holy many; -'life{
beaches, and suggested cross- utilizatioii or o
, Fire Chief Morgan
re are around 30 -40
make sure that
ed that the City
nt system.
as well as the
.42 FTEs are
mtly has three
Department can assure "the public
winter if these changes are put in
.hat based on the current economic
!rhative to lifeguard staffing which
mmunity and visitors to the City.
fivision create a list of the
really needed to patrol the
out of the administrative-
type functions. ' !
Fire Chief Morgan;, stated that be' .,agreed with Council Member Rosansky's
comments, stated that' five_ permanent lifeguards accentuated by seasonal
deployment was a sufficieht u6mber;of lifeguards needed to patrol the beaches,
clarified the.changes.in job duties, and reassured that all requirements and aspects
were being explored.
,Council Member, Curry stated that he appreciated the Department's direction and
collaborative 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 be 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
(LAMA), 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 Jiffs concern regarding
temporary employees and the proposed budgets cuts to the lifeguard division.
City Manager Kiff thanked Chief Johnson and CWef Morgan, stated that he
respected the full -time lifeguards' willingness ,to �ialk'`about other options and
reminded the public about the upcoming study session in two''weeks.
n_ -
III. PUBLIC COMMENTS - None
IN
IV. ADJOURNMENT - 3:57 p.m. l
The agenda for the Study Session was posted kin May 4, 2011, at 2:25 p.m on the
City Hall Bulletin Board located outside' of the City of Newport Beach
Administration Building.
Recording Secretary
Mayor
l
City Clerk
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F f C �I Q Z I
a , ��� ��l ! A
City Council Minutes
City Council Regular Meeting
May 10, 2011— 7:00 p.m.
1. STUDY SESSION - 2:00 p.m.
II. CLOSED SESSION - 3:57 p.m.
A. Conference with Legal Counsel - Existing ,Litigat of (Government Code S
54956.9(a)l: Three matters:
`c
1. Pacific Shores v. Newport Beach; U.S. District Court 'Case No. SACV 08-
E:1
C.
IA
00457 AG (PLAx)
2. Newport Coast Recovery and,'!Yellowstone Recovery v. City of
Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx);
3. MORN v. City of Newport Beach, OCSC,Case No. 30- 0211- 0044700
The City Council will meet
employment, evaluation of p,
employee. -
isider the appointment,
dismissal of one public
Dave Kiff, City Manager; Terri Cassidy,
i
Employee Organizatforis: All Labor Associations: Association of Newport Beach
Ocean Lifeguards'(ANBOL)_ Lifeguard Management Association (Li ); Fire Beach
Fire Management',Association (NBFMA); Newport Beach Firefighters' Association
(N,BFA); Police Management Association (PMA); Police Employees' Association (PEA);
an& Fire Management Association (FMA); City Employees Association (NBCEA);
Newport, Beach Professional & Technical Employees Association (NBPTEA); Newport
Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777)
Conference -with Real Property Negotiator (Government Code 6 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 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
Present: Council Member Hill, Council Member Rosansky`. :Mayo -Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
s
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that there was no reportable action.
VII. PLEDGE OF ALLEGIANCE - Council MemberRosansky
VIII. INVOCATION - The Reverend Peter D. Hayes ,'Saint Michael and All Angels
Episcopal Church
LY. PRESENTATIONS
Poppy Week Proclamation - Mayor Henn read" the proclamation and introduced "Miss
Poppy" Rachel Heideman -and Kendall Matso°President of the American Legion Auxiliary
251. Ms. Heidemen read the poem, n
em, "In Fland'e s Field."
Relay for Life Proclamation - Mayor Henn read the proclamation and presented it to
Peggy Fort and the Relay for• -Life Committee Ms. Fort and the leadership team were
introduced. an, overview 'of, ' the event'sl' purpose ; was provided, and the public was invited to
participate in this year's Relay for Life on Mav_21 and May 22.
Presentation Regarding the Second Harvest Food Bank Annual Stamp Out Hunger
Food -Drive - Ann DeMazco, volunteer, spoke regarding the hunger epidemic occuring in
Orange County and the upcoming food drive that is being held in partnership with the United
States Postal Service. Ms. Martin mentioned the website: www.feedoe.org.
Pre sentation•; Regarding the 1st Battalion 1st Marines Care Package Drive -
Krisztina Scheeff;wolunteer, 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 (NON- DISCUSSION ITEM)
Mayor Pro Tern Gardner announced that May is 1Vational 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, Ma00;;2011.
Mayor Henn commented on the Closing Night Ceremony for the 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 Meeting on Ma ",12, the Tidelands
Management Committee Meeting on May 13, the'Leadership Tomorrow ever ti at the Central
Library, the Exchange Club Field of Flags event on May 20, and the Annual Relay,,for Life on
May 21 and May 22.
XII. CONSENT CALENDAR
A.
1. MINUTES FOR THE STUDY SESSION AND, REGULAR MEETINGS
OF APRIL 26, 2011. [100 -2011] Waive reading of subject minutes, approve
as written.and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
D. CONTRACTS AND AGREEEM&ATS
5. FINANCIAL STATEMENT AUDIT CONTRACT APPROVAL (C- 4776).
[381100- . 11 Authorize the Mayor and City Clerk to sign a contract with
Diehl, Evas & 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 SEDIMENT CLEANUP -
AWARDiOF CONTRACT NO. 4555. [381100 -20111 a) Approve the project
plane 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. IIBA -042 recognizing a contribution of
$80,850 from Curci Companies and appropriating $80,850 to Account No.
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7231- C4402005; and e) establish an amount of 8517,561 (approximately 15%
of base bid and extra work) to cover the cost of unforeseen work not included
in the original contract.
7. CARROLL BEEK 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 Member Ro`sa_nskv to approve
the Consent Calendar, with the exception of the :Item removed (3 and 4).
The motion carried by the following roll call vote_'
Ayes: Council Member Sehch, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT` CALENDAR . 't
3. ORDINANCE PERTAINING TO THE % "BUILDING'AND FIRE BOARD OF
APPEALS; AND "RESOLUTION SETTING FORTH THE MEMBERSHIP,
TERM, AND.= PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND
FIRE BOARD OF APPEALS. [100;`2011]
Council Member Hill - questioned the`,reason for amending the Building and Fire
Board-of Appeals , as -related to, membership from those representing the physically
disabled: City Manager MA reque`st'ed that this item be continued to a future
,meeting to allow for further research end to allow the new Community Development
Director to review this`matter.
Motion by Council Member Hill, seconded by Council Member Rosanskv to
continue this item to the June 14, 2011 City Council meeting.
Council Member joined the meeting; Mayor Curry joined the
meeting;.Mayor'_ -Pro Tern Henn joined the meeting at 4:00
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
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
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May 10, 2011
Section 6.04.055, pertaining to gas - powered leaf blowers in residential districts.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Henn, Mayor Curry, Council Member Gardner, Council
Member Hill
Noes: Council Member Selich, Council Member Rosansky, Council Member Daigle
XIV. PUBLIC COMMENTS
Jim Mansfield, representing the Banning Ranch Conservancy, read)iiito 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 as-open space. He made several
inquiries related to the process prior to submission of.tlie:- document to the Coastal
Commission.
Council Member Rosansky and Council Member Curry expressed concerns relative to the
lawsuit filed against the City by the Banning Rancli''Conservancy related to the Sunset Ridge
Park project and questioned why the City would 'want help from an entity thats suing it.
XV. ORAL REPORTS FROM CITY COUNCIL ON•,COMMITTEE ACTIVITIES
Mayor Pro Tem Gardner spoke regarding the "upcoming Coastal/Bay Water Quality
Committee and Harbor Commission joint meeting.
Council Member Curry commented onl the`recent, budget `l riefmg held with the Finance
Committee.
Mayor Henn noted the recent meeting of the July`4th Committee with the Police Department
and staff. He mentioned the public outrgacli to the homeowners associations and the
community regard' proposed loud and unruly gathering ordinance.
W. PUBLIC HEARINGS?,
9. APPEAL-OF MINIMUM SIDE ,_SETBACK DETERMINATION (PA2011 -013) -
,BROADMOOR PACIFIC VIEW PLANNED COMMUNITY. [100 -2011]
Acting Planning,J?irector 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
property to review any proposed development changes.
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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 the public hearing.
Motion by Council Member Curry, seconded by Uouncil,Member Rosanskv to
uphold the determination of the Planning(Commission that tlre',Broadmoor Pacific
View Planned Community text is silent on-the application of side setbacks in non -zero
lot line configurations, and therefore„ to' provide equity and certainty with regard to
development limits, a determination should,be made requiring a five -foot minimum
side setback.
1.
The motion carried by the following roll call vote:.,
Ayes: Council Member Selicbi ,Council Member 'sans y, Mayor Pro Tem Henn,
Mayor Curry, Council Member'-Gardner, Council Member Daigle, Council
Member Hill -`
10. WEST NEWPOR.T'AMENDMENTS: -A) 6480 W. £OAST HIGHWAY (PA2010-
190) - KENNARD PROPERTY; B) {6904 W. COAST HIGHWAY (PA2010 -014) -
THE NATIONAL CAT PROTECTION SOCIETY; AND C) 6908 -6936 W. COAST
HIGHWAY, (PA2010 -182) - FROG HOUSE - AMENDMENTS TO THE
GENERAL PLAN, ,COASTAL LAND ,USE PLAN, AND THE ZONING CODE TO
CHANGE THE DESIGNATIONS OF. TWO PROPERTIES (THE NATIONAL
CAT- PROTECTION SOCIETY AND THE FROG HOUSE) FROM TWO -UNIT
RESIDENTIAL (RT�AND RT -E) TO MIXED -USE VERTICAL (MU -V); AND
ONE PROPERTY (KENNARD PROPERTY) FROM TWO -UNIT RESIDENTIAL
(RT AND RT -E),TO GENERAL COMMERCIAL (GC). [100 -2012)
Acting Planning ,Director Campbell provided the staff report and utilized a
Power Point presentation to highlight the location of the three properties, the code
amendment summary, and how the draft ordinance affects the area.
Council Membei'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.
Mayor Henn opened public hearing.
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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 Mayor 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 -01'3 to change the zoning
districts, and pass to second reading on May 24, 2011.
The motion carried by the following roll call vote: i
Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member
Selich, Council Member Curry, Council,Member Daigle
11. NORTH NEWPORT CENTER,. PLAN
DEVELOPMENT PLAN AMENDMENT//
COMMUNITY DEVELOPMENT PLAN ;AD
THE BLOCK 800 NEWPORT CENTEIt,';l
INTO THE NORTH NEWPORT CENTER`'
AND A CODE AMENDMENT TO CHANGE
OF THIS PROPERTY FROM -PC23. TO P
THE SIGN AND LIGHTING "STANI
DEVELOPMENT PLAN; AND, UPDATES
TABLE TO REFLECT THE CITY CO UN(
TRANSFERS OF DFVELOPMENT.RIGHTS
COMMUNITY. (NNCPC)
11 -017) - THE .PLANNED
MENT TO INCORPORATE
VED COMMUNITY (PC -23)
[NED COMMUNITY (PC -56)
ZONING CLASSIFICATION
INCLUDES REVISIONS TO
S? WITHIN THE PC -56
DEVELOPMENT LIMITS
PREVIOUS APPROVAL OF
1 -20111
r
Acting Planning Director Campbell provided the staff report.
Mayor Henn' opened „the public hearing. Hearing no testimony, he closed
the public hearing., __ -
-Motion by Council Member Kosansky, seconded by Council Member Curry to
introduce Ordinance N6_2011 -16, approving Planned Community Development Plan
Amendment No.�P1)2011 -001 and Code Amendment No. CA2011 -004, and pass to
second reading on,May 24, 2011.
The: motion carriedby the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle,
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 -
SITE PARKING. (100 -20111
Motion by Mayor Henn, seconded by Council Member Rosansky to continue
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this item to the May 24, 2011 Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem. Henn,
Mayor Curry, Council Member Gardner, Council Member Daigle, Council
Member Hill
XVII. CURRENT BUSINESS
13. LOUD AND UNRULY GATHERING ORDINANCE. [100 =20111
Police Lieutenant Hartford provided a staff report and acknowledged the public
outreach and information campaign that was conducted related to this matter.
Deputy City Attorney Rowen outlined the specifics relative tb,citations and civil fines
which would be assessed to a property in violation and reported-t_hat property owners
may have limited liability related to cit,diions., He provided d, "summary of the
citation/violation process.
In response to Council questions, Deputy'Ciity Attorney Rowen fuxther -outlined the
Notice of Violation (NOV) that would be 'served on the property owner versus the
assessment of liens. He noted that other.-than the South Coast Apartment
Association, no opposition cominents were received from the outreach meetings.
Council Member Hill expressed concerns, regardiiig,,the notification procedures,
believing they should also include eail,.. _telephone, and other forms of
communication, in addition to sending a let'te'r' . Deputy'City Attorney Rowen noted
that the City has;jiiscussed alternative, forms of notification to provide as many
means of communication with each'�ubject matter property, but emphasized that the
City needsl a paper record for any notices served on the property or the property
owners.
Mayor Henn opened, the, public hearing.
Richard Berkstrum urged the Council to expedite the passing of the ordinance. He
recommended that Council not consider barricading Balboa Boulevard on the Fourth
of July. i
'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,
outlined the specific activities which would result in a violation, and stated that
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City Council Minutes
May 10, 2011
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 income; -of senior citizen property
owners and expressed concerns regarding the potential liability for property owners.
Mark Simon expressed concern that the,proposed ordinance., leaves too much
discretion in the hands of the individual Police Officer issuing the citations.
Police Chief Johnson noted that Newport,Beach'has developed a party `reputation and
that some property owners have inappropriately relied upon the Police Department to
manage their loud and unruly tenants. He further defined the true loud and unruly
situations, the deterrent factor that would ensue because of the ordinance, and how
the ordinance will be handled by the Pohce Department.
Mayor Henn emphasized that the ordinance was `designed to regulate loud and
unruly parties throughout the year, not jusf oif the Fourtl ;of July.
Police Lieutenant„ Hartford noted, a -pa'st situatiom, which heavily impacted City
resources and,eould have been prevented if the proposed ordinance was in place. He
noted thatjoud and unruly parties have occurred in every area of the City.
In response to an inquiry from Council Member Daigle, Police Lieutenant Hartford
noted _that the' Police - Department will' be placing procedures in place which will
document the true'neture of any reported incident.
Carmen Rawson, expressed concerns regarding the posting of the notice. She believed
that the lien provision mae- 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.
Hearing no further testimony, Mayor Henn closed the public hearing.
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
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City Council Minutes
May 10, 2011
favor of the potential devaluation of properties that would occur from the posting of
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
i
XVIII. MOTION FOR RECONSIDERATION - None-
XIX. ADJOURNMENT - 9:25 p.m.
The agenda for the Regular Meeting was poste ii.;on May 4, 2011, at 2:25 p.m. on the
City Hall Bulletin Board located outside of, the City of Newport Beach
Administration Building.
1.
City Clerk
Recording Secretary
Mayor
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