HomeMy WebLinkAbout01 - Minutes - 06-26-2012City of Newport Beach
City Council Minutes
June 26, 2012
Mayor Gardner expressed frustration with the demolition of the houses and believed that most of
the conversations at the May 8 meeting were about the height. She addressed the height, setbacks
and frontage, and believed that the project would be a better fit for Ocean Boulevard.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Noes: Council Member Daigle
XII. CONSENT CALENDAR (continued)
13. ONE BEACON BAY: AUTHORIZATION TO EXECUTE
City Manager Kiff reported that staff was able to find
Commission and stated that in the proposed special cond
Commission made additions regarding landscaping prohibit
Mayor Gardner suggested deleting the term
Coastal Commission indicating what was p'
regarding the addition of "landowner" in the
City Attorney Harp suggested adding
agreement provided that the Coastal
Beach be bound by the conditions ".
City Manager Kiff stated that
needed.
Manager to execute
Beacon Bay, provided
The motion
Ayes: Council
Council
XVII. CURRENT BUSINESS
ON. [100 -20121
8''documel from the Coastal
MrGunrup gham, the Coastal
public agge$s signage.
nT and returning it to the
the City was not advised
the City Manager to execute the
provision that the City of Newport
work wAth Mr. Cunningham and the Coastal Commission as
ed by Council Member Henn to authorize the City
Commission mandated- Lease Restrictions for One
Ler, is not bound by said restrictions.
call vote:
Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Member Henn, Council Member Daigle
19. APPOINTMENTS TO BOARDS AND COMMISSIONS. [100 -20121 serve terms effective July
1, 2012 to June 30, 2016:
Council Member Rosansky announced that he will be recusing himself on the Board of
Library Trustees and Civil Service Board votes since he is related to one of the nominees. He noted
that he was on the Council Ad Hoc Appointments Committee and also recused himself from
conducting interviews for those Boards and Commissions.
City Clerk Brown indicated that the Board of Library Trustees and Civil Service Board
appointments will be conducted first.
Mayor Gardner indicated that there is impressive talent in the City.
Council Member Henn expressed concern that the City did not receive any application for the
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City of Newport Beach
City Council Minutes
June 26, 2012
Building and Fire Board of Appeals and encouraged staff to see if over time applicants can be
identified.
Jim Mosher commented on the lack of Building and Fire Board of Appeals applications.
City Attorney Harp noted that a person should only serve on one Board, noting that Robyn Grant
has been nominated for two.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Amy Claster (Daigle, Curry, Mayor Gardner)
Robyn Grant (Hill, Selich, Henn)
City Clerk
vote as folk
Amy Claste
Robyn Graj
Following c
vote will ne
Amy Claste
Robyn Gras
City Clerk .
four -year to
City Clerk.
Debra Allei
Mickey Dui
City Clerk
Service Bo<
City Clerk.
Rita Goldb(
Caroline Lc
Robert Smith (Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner)
the second
that a third
-ustees for a
to the Civil
City Clerk Brown announced that Rita Goldberg and Robert Smith are reappointed to the City
Arts Commission fora four -year term.
City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Paul Blank (Hill, Curry, Selich, Henn, Daigle, Mayor Gardner)
Dana Teacher (Rosansky)
City Clerk Brown announced that Paul Blank is appointed to the Harbor Commission for a four -
year term.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission
(PB &R) as follows:
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City of Newport Beach
City Council Minutes
June 26, 2012
Gloria Alkire (Hill)
Kathy Hamilton ( Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner)
City Clerk Brown announced that Kathy Hamilton is reappointed to the PB &R Commission for a
four-year term.
City Clerk Brown read the ballot votes for the Planning Commission as follows
Daniel Boyd (Mayor Gardner)
Larry Tucker (Hill, Rosansky, Curry; Selich, Henn, Daigle)
City Clerk Brown announced that Larry Tucker is reappointed to tbe: Punning Commission for a
four -year term. '001� y�
20. DECLARATION OF SURPLUS ASSESSMENT DISTRICT \EUND TAIA LANCES AND
REFINANCING OF 14 ASSESSMENT DISTRICTS. !100-20121 �\
Council Member Hill recused himself from hearing the aforementioned item because he owns
property within one of the Special Assessment Dist' is do � � teedd the ambers.
Council Member Rosansky recused himself from hearing the foremphtioned item because he owns
property within one of the Special Assessment &istriets and de�arted the Chambers.
Council Member Henn recused himsel om heariq ft aforementioned item because he owns
property within one of the Special As essmenn rstrio� ell' eparted the Chambers.
In response to Council Member 'o'gle's questi n, Deputy Finance Director Matusiewicz reported
that there was an additional G. 3,}5x0 fee for an escrow verification, described the tasks of a
Placement Agent and Financial) AA sor, and sta 'd that there is a typographical error to one of the
Resolutions.
Discussion followed r4iiid-, g rel'ate`dgav$igs to property owners.
inocron nv rvtayor rro "Vern -Wurrv, seconded by Council Member Selich to a) adopt
Resolution No. 2012- 5'3�,Vtho zing the City to declare the remaining improvement fund balance as
surplus and provide sttAf ection as to the distribution of improvement fund balances in
Assessment DistrictIIJ2 (Coast Highway /Tustin), 99 -2 (Ocean Front) and 101 (Central Balboa); b)
adopt Resolution No. 2012 -54, hereby adopting the Reassessment Report, confirming and ordering
the reassessment by s hmmary proceedings and authorizing and directing related actions; c) adopt
Resolution No. 2012-55u declaring intention to levy reassessments and issue refunding bonds; and d)
adopt Resolution No. 2012 -56, authorizing the issuance of refunding bonds, and approving and
authorizing related documents and actions.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Daigle
21. LABOR AGREEMENT: NEWPORT BEACH POLICE ASSOCIATION (NBPA) (C- 2056). [100-
20121
City Manager Kiff highlighted the change in pension contributions and noted a provision that if the
City's costs increase, employee costs would go up with the City's costs to the 26.5% level.
In response to Council Member Daigle's question, City Manager Kiff explained the changes in
pension participation for sworn officers and civilian employees. He addressed offsets, cost -of- living
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City of Newport Beach
City Council Minutes
June 26, 2012
adjustments, and details of the second tier as well as comparisons with other jurisdictions.
In response to Council questions, City Manager Kif£ explained the differences in costs between tiers,
the possibility of reaching a 50/50 ratio, and Employer Paid Member Contributions (EPMC) reforms.
Jim Mosher inquired about increases in the costs to tax payers over the life of the MOU, whether
increased costs include attorney fees and staff time, and stipulation with the Police Association
regarding consequences of not reaching an agreement by a certain date.
City Manager Kiff reported that the Police Association did not ask for a refund, but agreed to roll
over the 3.5% on a going- forward basis without repayment reverting back to January 1, 2012 and
roll it from a payroll deduction to a direct payment of the employee share. He addressed the overall
cost, noting that it does not include the cost of outside counsel, and expressed appreciation to the
Police Association for their commitment to keeping the City a safe place' .
Motion by Council Member Rosansky, seconded by Mavor ro Tem Curry to a) authorize
Mayor Gardner to execute' a Memorandum of Understandi g (MGNq with the NBPA; b) adopt
Resolution No. 2012 -57, relating to PERS and end in reporting oi��Empioyer -Paid Member
Contributions (EPMC) over time; and c) designate heCity Manager /as the authorized
representative to execute subsequent written agreements under Section 5(B) of the MOU (Work
Schedules).
The motion carried by the following roll call vote
Ayes: Council Member Hill, Council Member Roeans�: Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Cou ci ember Daigle
XVIII. MOTION FOR RECONSIDERATIONOO None
XIX. ADJOURNMENT - 10:50 p.m.
The agenda for the Regular Meeting was poste /don June 21, 2012, at 3:05 p.m. on the City Hall
Bulletin Board located out%\dp of the�C�ty�of Newport Beach Administration Building. The
supplemental agenda for the Reggu�lar Meeting was posted on June 22, 2012, at 3:20 p.m. on the
City Hall Bulletin Bo rd�l`cate�ou�si�le of the City of Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 60 - Page 509
Agenda Item No. 1
July 10, 2012
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
June 26, 2012 — 4:00 p.m.
ROLL CALL - 4:00 p.m.
Present: Council Member Hill, Council Member Rosansky, Mayoi�Yro Tem Curry, Mayor
Gardner, Council Member Selich, Council Member Hen ''Coiln6.1 ;Member Daigle
Council Member Daigle arrived at 4:02 p.m.
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
Regarding Item No. 10 (City Insurance Renewals —
Member Henn asked if staff used the competitive
prior to the Regular Council meeting. '
In response to Mayor
implement Total Ma)
Bacteria and Tories i
noted that Santa An
No. 5 (Request to 6t
Lane), Deputy Public
the encroachment.. Re
Park PrajeCC_= ,:lppr(
explained that the "_1
Gardner's questioi
imunt Daily Load
the Newport Bay
has ak'reed on the
Director Webb rS
,.her,que_stion on
listed
CALENDAR.
, 2012 — June 30, 2013), Council
ocess and requested an answer
ingjtem-No. 4` "(6'ooperative Agreement to
Programs -fo'r Nutrients, Fecal Coli Form
hed), Deputy Public Works Director Webb
rcentages. Regarding her question on Item
in the Public Right -O£ -Way at 1539 Sylvia
>rted that there is no existing sidewalk on
;m No. 6 (Newport Beach Civic Center and
;er FF &E), Public Works Director Badum
staff report is now a Code requirement for
all.n'ew buildings. \ \
2. LOUDLAND UNRULY,GATHERiNG ORDINANCE (-LUGO ") AND FOURTH OF
JULYUPDATE.
Police Lieutenant Brouwer presented a PowerPoint presentation on the City's Loud and
Unruly Gathering Ordinance (LUGO) addressing the history, goals of the ordinance,
resources needeek1to ,respond to loud party calls, overview of the ordinance, process,
citations to date, revenue and collections to date, subsequent actions by owners, multiple
citation sites, appeals process, a map of locations issued a LUGO citation, party calls to
NBPD before and after LUGO, approximate savings for less response needs to party calls,
overall citizen reaction, and steps moving forward. In addition, he addressed requests
from other cities and agencies that have adopted a similar ordinance.
In response to Mayor Gardner's question, Police Lieutenant Brouwer explained that curfew
calls pertain to all parts of the City. He also stated that a property owner that was
previously cited for violations on multiple properties went through the abatement process
and the citation and posting was removed.
Volume 60 - Page 490
�4
CALENDAR.
, 2012 — June 30, 2013), Council
ocess and requested an answer
ingjtem-No. 4` "(6'ooperative Agreement to
Programs -fo'r Nutrients, Fecal Coli Form
hed), Deputy Public Works Director Webb
rcentages. Regarding her question on Item
in the Public Right -O£ -Way at 1539 Sylvia
>rted that there is no existing sidewalk on
;m No. 6 (Newport Beach Civic Center and
;er FF &E), Public Works Director Badum
staff report is now a Code requirement for
all.n'ew buildings. \ \
2. LOUDLAND UNRULY,GATHERiNG ORDINANCE (-LUGO ") AND FOURTH OF
JULYUPDATE.
Police Lieutenant Brouwer presented a PowerPoint presentation on the City's Loud and
Unruly Gathering Ordinance (LUGO) addressing the history, goals of the ordinance,
resources needeek1to ,respond to loud party calls, overview of the ordinance, process,
citations to date, revenue and collections to date, subsequent actions by owners, multiple
citation sites, appeals process, a map of locations issued a LUGO citation, party calls to
NBPD before and after LUGO, approximate savings for less response needs to party calls,
overall citizen reaction, and steps moving forward. In addition, he addressed requests
from other cities and agencies that have adopted a similar ordinance.
In response to Mayor Gardner's question, Police Lieutenant Brouwer explained that curfew
calls pertain to all parts of the City. He also stated that a property owner that was
previously cited for violations on multiple properties went through the abatement process
and the citation and posting was removed.
Volume 60 - Page 490
City of Newport Beach
City Council Study Session
June 26, 2012
Council Member Henn expressed his appreciation to the Police Department and staff for
implementing the ordinance.
Police Lieutenant Sailor provided a PowerPoint presentation on the 4th of July event that
addressed statistics of citations issued last year, the vision, action steps, 2012 Enforcement
Philosophy, safety enhancement zone, 2012 changes including limited street closures, and
equestrian deployment. He addressed the number of officers to be deployed, law
enforcement, and community outreach.
Recreation Manager Lohr presented information on the three; events planned for this year
including 4tb of July for Families, the Mariner's Park Parade and Celebration, and the
Fireworks Extravaganza. He presented details of each eve'rit'includ ng location, hours, and
features. -,
Council Member Rosansky announced that themAd a 4th of July event' at the Dunes which
includes a concert by the Bangles.
Council Member Henn commented positively on the activities and Police enforcement. He
commended residents for their efforts in ensuring the success of the events and noted that
the Police Department has done a great job ensuring a high quality of life in the City.
3. REVIEW OF DRAFT GENER
ZONING DESIGNATIONS FOR
INCLUDING FIRE STATION 2,
476 32ND STREET.
Council Member Heim stated that, alt
the fact that he, has a business relat
recuse himself from the item. He then
Principal Planner''Campbell'. provided a PowerPoint presentation that addressed the
existing 11 comp ex, site information, and documents to be amended. He added that
there will be a -need for'amendments to the General Plan, Coastal Land Use Plan, and
Zoning Code. Het'address's :.proposed permitted uses, limitations regarding densities,
hotel - related uses, and height limits. He reported that he received six emails regarding the
item; some in support'of hotels, others not and some suggesting additional public outreach.
ASTAL LAND USE PLAN, AND
T BEACH CITY HALL COMPLEX,
300 NEWPORT BOULEVARD AND
e did not believe he has a conflict, in light of
with a business in Via Lido Plaza, he will
Chambers.
In response to Council Member Selich's inquiry regarding the Coastal Commission policy
on setting aside a certain percentage of affordable hotel rooms, Senior Planner Campbell
reported that it was in relation to time shares that were part of the Hyatt project.
In response to Mayor Pro Tom Curry's question, Principal Planner Campbell reported that
the presentation includes a broad list of uses with maximum intensities, noted that the
public will decide what is feasible through the public participation process, and added that
the analysis will be done after the amendments and creation of land use entitlements.
Council Member Hill noted that during the conceptual Master Plan work for the CAP, an
economic consultant was involved and looked at the highest and best -use alternatives.
Senior Planner Campbell affirmed that a consultant focused on marketability of residential
use for the area as well as other retail components and noted that more detailed work is
needed when the project gets developed.
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City of Newport Beach
City Council Study Session
June 26, 2012
In response to Council Member Daigle's question, Senior Planner Campbell addressed next
steps in the process highlighting details of two concurrent paths for next steps.
In response to Mayor Gardner's question, Senior Planner Campbell stated that the Coastal
Commission will definitely have an opinion about what they think the use should be, noted
that they will review the project as a Coastal Development permit, and suggested that the
City determine the land use entitlements first, before proceeding with a development
project. yi
Leland Iverson expressed opposition to the development of /apartments and parking
structure for the site. He believed that an upscale, destination hotel would serve to
revitalize the area and listed the benefits. Mayor Pro Tem -CUrry stated that in speaking to
various hotel developers, they have indicated that the: site wouldnot work for a destination
hotel but would be suitable for one more like Best Western.
Bettina Deinin er expressed support /- \'
g p pport for a- ,..'r village and expressed
opposition to an apartment complex. r
Chuck Brewer expressed opposition to building apartment complex on`the site and
urged Council to look at it as a "real nice" developient.
`-
Linda HIein read a letter from Patrkia`Hilton of Hilton, Builders in support of developing a
boutique hotel at the existing City 14611- `roperty.
Dave Rhodes expressed support for ievitalizing;;the: area and expressed opposition for a
mixed use or residential complex.
Denise Oberman rp'rese d a "unifiedappeal" on the part of the Lido Island, Balboa
Peninsula, and;'West Newport to try to'revitalize the area. She referenced a recent study
noting that the study mischaracterized the total available market, total population, and
average age of Lido:. ,She'expressed support, for a boutique hotel in the area.
Da id Lliamond inquired` about low income type units and indicated that he opposed the
movement of the Fire Department from the area.
Dan Purcell encouraged Counci to wait on making a decision on the issue.
Al Mai =i. Assistant Manager of the Newport Beach Farmers' Market, expressed support of a
hotel development in the existing City Hall site.
Cindy Fuller expressed support for building a boutique hotel in the existing City Hall site 7.
and expressed opposition to building an apartment complex with a parking garage on the
site.
Mike Brant - Zawadski encouraged Council to carefully consider the area and the legacy it
will leave behind.
Lori Morris expressed support for developing a boutique hotel in the area noting it is a
great opportunity to create a beautiful legacy for the City.
Jerry Conrad expressed support for developing a boutique hotel in the area.
Volume 60 - Page 492
City of Newport Beach
City Council Study Session
June 26, 2012
Hugh Helm addressed the importance of the property, expressed support for developing a
boutique hotel on the Lido Marina Village site rather than the City Hall site, and
referenced the results of a survey of Lido Village residents.
Carter Ford encouraged Council to take careful consideration of the project and suggested
that a three - dimensional model be developed.
City Manager Kiff asked Council for direction regarding narrowing down the options
available to subsequently issue a Request for Proposal (RFP).
Mayor Gardner noted that she is not ready to decide without a'p`roper economic analysis of
the various options. !'
In response to Council Member Selich's question, Senior Planh6r,Campbell stated that two
separate processes were envisioned but that it canlbe one process: He added that staff was
hoping to get certainty with the entitlements approved by the Coastal Commission and
then refine the project with specific development plans:
Council Member Sebch expressed support,'for getting the Land Use Plan decided and not
approaching the Coastal Commission until the�projectis determined because of the costs
and length of time involved in presenting to the'Coastal Commission twice.
Mayor Gardner and Council Member_ Rosansky expressed support for Council Member
Seheh's suggestion.
-
Council Member Rosansky suggested'that several -RFPs be prepared for review to see what
makes sense for the City. He addressed possible income streams with the various options
and his desire to revieWthe item as soon as; ossible.
'
Council Membe_ Hill stated that he is "aot in support of a reactive process in going to
multiple RFPs 'but rather a proactive process by identifying the highest and best use that
is achievable. He beli,eved4hat_ the possibility of a hotel is important which will bring the
type of xcisitor,to the'cimmumty that- is_iiiiportant to the overall village. He addressed
discussions by'tha- CAP`-and its conclusion -that, although a hotel is a much needed asset in
the general area, many developers have indicated that a hotel will not work on the City
Hall site. \ N I IN
Council Member Daigle believed'that the Land Use Plan and the development should be
presented to the Coastal Commission at one time and suggested developing the RFP to be
as flexibleias possible. 7
Council Member Seh'eh referenced previous discussions regarding the Concept Plan and
believed that from,d planning and land -use perspective, the hotel should be developed on
the site where it'�will provide the best chance of succeeding. He added that the project
should be looked at from a land -use standpoint and that trying to seek multiple private -
sector proposals is a waste in time.
Mayor Gardner agreed that the Coastal Commission should be approached one time on the
matter and expressed concern with the concept of housing over parking and a public
parking structure.
Mayor Pro Tem Curry believed that an economic analysis relative to the possibility of a
hotel in the area is warranted and noted that a better definition is needed regarding
Volume 60 - Page 493
City of Newport Beach
City Council Study Session
June 26, 2012
housing options on the site.
In response to Council Member Selich's question, City Manager Kiff stated that a
consultant will be hired right away and that staff will return to Council with a report that
will integrate the process and direct staff to prepare an RFP.
III. PUBLIC COMMENTS - None
John Thomlinson, President of the Apartment Association of Orange.JCounty, addressed the
LUGO ordinance and thanked the City and Police Department fovilieir work. He spoke in
opposition to the penalties imposed on property owners because of, -loud and unruly tenants and
urged Council to work with staff to modify LUGO to remove the fines that impact property
owners.
Regarding Closed Session Item II.A., Jim Mosher stateak that an agreement had been reached
previously and wondered why the item is still listed under Closed Session and asked that the
negotiators be listed on the agenda. Council Member Daigle indicated 'that_ she too would
appreciate the negotiators being listed on the agenda.
W. ADJOURNMENT -5:45 p.m
The agenda for the Study Session was,posted on J
Hall Bulletin Board located outside_- -of'the City
Building.
.fir
City Clerk
in6i,21, 2012, at 3:06 p.m. on the City
of Newport Beach Administration
�i
_ Recording Secretary
Mayor
Volume 60 - Page 494
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 26, 2012 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:45 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Dave
i
r
rnment Code §;54957.6)
lanager and Negotiator
Employee Organizations: All Labor Ass`ociationi Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management
Association (NBFMA); Newport Beach Firefighters'- Association (NBFA); Police Management
Association (PMA); Police Employees', Association (PEA +I : -LCity Employees Association (NBCEA);
Newport Beach Professional & Teclinica)---IE_mployees Association (NBPTEA); Newport Beach
Employees League (NBEL); Newport Beach Psrt' Time Unit (UPEC, Local 777)
III. RECESS`S
J
IV. RECONVENED AT 7:00 P.M: FOR'REGULAR MEETING
V. ROLL CALL
Present: Council'.Member ,Hill , Council Member- Ro ansky
Council Member Selieh, Couuneil Member Henn
Excused: Council Member Dai&.. -
Council Member Daigle arrived at 4:02 p'm.
Mayor Pro Tem Curry, Mayor Gardner,
VI. CLOSED SESSION`REPORT -City Attorney Harp reported that there was no reportable action
taken
VII. PLEDGE OF ALLEGIANCE f�Council Member Daigle
VIII. INVOCATION - Pastor Karl Stuckenburg, Newport Center United Methodist Church
D{. PRESENTATIONS - None
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)
Volume 60 - Page 495
City of Newport Beach
City Council Minutes
June 26, 2012
Mayor Pro Tem Curry reported that he participated in the closing ceremonies of the recent Relay for Life in
which he presented Mayor Gardner with a plaque recognizing the City's contribution to the event. In
addition, he reported participating in an Art in the Park event and the opening of a new exhibit at the
Orange County Museum of Art as well as a meeting of the Orange County Chapter of the Chinese Chamber
of Commerce. He also reported that he attended the Australian Counsel General's home in Los Angeles to
participate in a collaboration of Griffith University in Australia and Children's Hospital.
Council Member Daigle addressed a ruling of the U.S. Supreme Court for California to ease overcrowding
in State prisons and referenced AB109. She noted that impacts of AB109 are being felt on the local level,
reported that she spoke with Police Chief Johnson who has agreed to provide a presentation to Council on
the matter, and commented positively on the Bristol Street
landscaping Z, project and the construction of
Jamboree Bridge.
7,
Member Henn commented positively on the Coastal L'Commissionis', approval of Marina Park,
reported that he attended a conference on June 22, 2012 on the use of technology `in. Government which was
sponsored by the Center for Public Policy at Concordia, announced upcoming "lkrelevant Week" events,
reported that he attended the Great Park Foundation Annual Dinner, and announced that there will be a
Neighborhood Revitalization Committee meeting on J,uiie 28, 2012, at 4:00 p.m. in Council,,Chambers.
Council Member Selich requested that staff add the initiation of an amendment to the Coastal Land Use
Plan on the next Council agenda. to allow the tower on the�Marina project, reported that the Newport
Dunes Waterfront Resort and Marina will be'ho4ting an inaugural, Independence Day on the Bay on July 4,
2012 which will feature a Bangle's concert and a`freworks display.,and thanked the community and local
businesses for supporting the event.
Mayor Gardner reported that as part of the revitalization.efforts of.Corona del Mar, focus was on the entry
at MacArthur and Pacify Coast - Highway and noted that the area vrill be restriped in order to perform a
Live test. Public Works Director Badum added that�'iliere will be stripes, stick -down cones, markers, and
signage added to the area.,,
Mayor Gardner reported that slie me ti staff with the Coastah.Commission sta after their meeting and thanked
the Commissioners for-approving Marina Park.- She.noted that she spoke with the new Executive Director
about the Coastal-Commission being -understaffed and underfunded, stated that she assured him that the
City is currently working on itr Local Coastal Plan (LOP), and announced a 4th of July event on the Balboa
Peninsula wihere she and other Council Members will be participating in the dunk tank.
XII. CONSENT CALENDAR
A. READING OFJAVINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES F It. %FHE JUNE 12, 2012 REGULAR MEETING. [100 -2012] 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 the City Clerk to read by title only.
B. ORDINANCE FOR ADOPTION
3. AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE ENFORCEMENT
PROGRAM, NEWPORT BEACH MUNICIPAL CODE CHAPTER 1.06 AND SECTIONS
1.04.010, 10.66.060 AND 10.66.070. [100 -2012] Conduct second reading and adopt
Volume 60 - Page 496
City of Newport Beach
City Council Minutes
June 26, 2012
Ordinance No. 2012 -13, amending NBMC Chapter 1.05 to establish an Administrative Code
Enforcement Program; Section 1.04.010 to add Civil Penalties; and Sections 10.66.060 and
10.66.070 to align the administrative appeals process.
C. CONTRACTS AND AGREEMENTS
4. COOPERATIVE AGREEMENT TO IMPLEMENT TOTAL MAXIMUM DAILY LOAD
(TMDL) PROGRAMS FOR NUTRIENTS, FECAL COLI FORM BACTERIA AND
TOXICS IN THE NEWPORT BAY WATERSHED (C- 5164). 1381100 -20121 Authorize the
Mayor and the City Clerk to execute Cooperative Agreement DII -066 to fund the TMDL
programs, studies and monitoring for the Newport Bay WatE4ihed.
7. SERVICE AGREEMENT WITH RCS INVESTIGATIONS AND CONSULTING, LLC,
FOR PRE - EMPLOYMENT BACKGROUND INVESTIGATION SERVICES (C- 5165).
[381100 -2012] Approve and execute the Service Agreement with RCS Investigations and
Consulting, LLC, for background investigation services, at a not -to -11;kceed cost of $450,000
during the term of the agreement. =`
D. MISCELLANEOUS
9. PLANNING COMMISSION AGENDA FOR JUNE ,-21, 2012. [100 -2012] Receive and file.
10. CITY INSURANCE RENEWALS }, JULY 1, 2012 Ji IkE, 30, 2013. [100 -2012] Approve
renewal of the following insurances: excess ge,eral`liab4y, `excess workers compensation and
property insurance coverage for an amount not to exceed-$,1,489,322 in total premium fi•om the
Insurance Reserve ' Funds. The term 6 the renewal is for a twelve (12) month policy period,
July 1, 2012 through June 30, 2013.
L� is
\1
11. IT HARDWARE REPLACEMENT FOR CITY HALL AND POLICE DEPARTMENT
DATA _CENTERS. a) ,k prove, B_udget..Amendment 12BA -041 appropriating $547,499.45
from'tIfE IT Strategic Fund Balance Uo`the Data Center Hardware Account, 6420 -9322, for the
,,purchase of the City Hall'and Police Department Data Centers; and b) authorize the City
•['Manager to execute- -the contract with Dell for a total amount of $547,499.45 in a form
reviewed and approved by thet'6ity Attorney. To authorize the City Manager to enter into
an�aagreement with`Dell for the purchase of the equipment in the amount set forth in
the`s"taff report, sul jJect to the review of the City Attorney's office of the agreement.
12. AMENDMENT TOICOUNCIL POLICY B -17 - DONATION MAINTENANCE FEE. [100-
20121 Municipal jOperations staff recommends that the City Council consider the
recommendation,from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a
change in Council Policy B -17 to include a maintenance fee for donated items.
City Attorney Harp reported staff would like to add to the recommendation of Item No. 11 (IT Hardware
Replacement for City Hall and Police Department Data Centers), to authorize the City Manager to enter
into an agreement with Dell for the purchase of the equipment in the amount set forth in the staff report,
subject to the review of the City Attorney's office of the agreement.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to approve the Consent
Calendar, except the items removed (5, 6, 8, and 13) and noting the amended recommendation for Item 11.
The motion carried by the following roll call vote:
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Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Henn, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
5. REQUEST TO RETAIN PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT
1539 SYLVIA LANE. [100 -2012]
Dan Purcell presented a picture of the subject property, expressed concern about sidewalks and
pedestrian safety, and asked that Council consider the inclusion of sidewalks in future projects.
Motion by Council Member Hill, seconded by Mayor Pro _Tem Curry to waive Council Policy
L -6, Private Encroachments in the Public Rights -of -Way, to all`owktbe existing brick mailbox pilaster
and wooden picket fence, all of which encroach in excess of'one- footinto the Sylvia Lane and Beryl
Lane public rights -of -way, provided the property owners enter into ark, 1
ark. Encroachment Agreement
with the City to maintain these private improvements'within the publi rights -of -way and that all
conditions of the Encroachment Permit process are4i&t, and authorize the'City Manager to execute
the Encroachment Agreement. rl L
The motion carried by the following roll call vote.
Ayes: Council Member Hill, Council Member Rosansk },yMayor Pro Tem Curry, '.Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
6. NEWPORT BEACH CIVIC CENTER?AND`PARK PROJECT,- APPROVE PURCHASE OF
CIVIC CENTER FF &E (MILLWORK, SYSTE —MS,_ FURN.- ITURE, AND ANCILLARY
-4
FURNITURE) (C627). [38/100 -2012] " / 1 `,��)
In response to Council' Member Henn's question, Public Works Director Badum reported that the
differences in the tifids for systems furniture) were approximately 20 %, noted that there was a
consensus by staff that;the chosen vendor was\the highest level of quality for the price, provided
details of the millwork needed, and -noted that M' o' ntbleau and Associates was the lowest, responsible
bidder. -
Council Member Selichstated that he had an opportunity to look at the products being proposed and
commented on the process; ti
Council "Member Hill stated that he picked out some of the items and commented on the fairness of
the prices proposed. ;
n
Jim Mosher commented amthe process noting that the City Charter has a buy local clause in it and
inquired regarding the definition of a monitor arm.
City Attorney Harp reported that the purchase can be approved but noted the need to slightly modify
the agreements to address phasing, installation, and other issues.
Public Works Director Badum provided a description of a computer monitor arm.
Motion by Council Member Selich, seconded by Council Member Hill to a) approve the
purchase of millwork furniture from Montbleau and Associates, Inc. for a not -to- exceed price of
$642,590.00; purchase of systems furniture from Interior Office Solutions, Inc. (IOS) for a not -to-
exceed price of $898,500.00; and purchase of ancillary furniture from Pivot Interiors, Inc. for a not -to-
exceed price of $1,083,491.65 (the total cost for these purchases is $2,624,581.65, including applicable
sales tax), and authorize the City Manager to execute purchase agreements with Montbleau and
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June 26, 2012
Associates, IOS and Pivot Interiors, Inc. in a form reviewed and approved by the City Attorney; b)
establish a budget of approximately 5% of the FF &E total agreements ($130,918.35) as FF &E
contingency for unforeseen costs, and authorize the City Manager to execute amendments as needed
to complete the project; and c) approve Budget Amendment No. 12BA -040 appropriating $2,755,000
from the FY 2013 Major Facilities fund balance reserves to Account No. 7410- CIO02033 to fund the
purchase of millwork, systems furniture and ancillary furniture.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro„Tem Curry, Mayor Gardner,
Council Member Selicb, Council Member Henn, Council Membei'baigle
8. APPROVAL OF NEW LEASE TEMPLATE FOR BEACON BAY. [100 -2012]
Jim Mosher commented on policy matters such as the percentage of faisl rent, using general CPI to
adjust the rent, allowing subleasing, whether purchasing a property in` a dilapidated state should
entitle the buyer to a lower rent, and the impacts- to'future. Council decision'slby staggering the 50-
year leases. He addressed issues with public access and signage and stated that -he believed that the
City could provide public access regarding Iteur'No. 13 %(One Beacon Bay: Authorization to execute
lease restriction).
Approve motion by Council Member Hill, second'ei3. by 0 to approve the new lease template for
Beacon Bay and authorize the City Manager or his/her designee to enter into the new leases with
current and future lessees on behalf o£twe Glity -of Newport Beach.
The motion carried by the following roll call vote: 1 -
Ayes: Council Member Hill,,, "Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich,'Council MemberAd'i n, Council Member Daigle
13. ONE BEACON BAY: AUTHORIZATION TO`EXECUTE LEASE RESTRICTION. [100 -2012]
Mayor Gardner-expressed concern that -by_ agreeing to some of the restrictions, a precedent is being
set and stated-that i£ it,is a policy of the Coastal %Commission, it should be a policy discussed at State
level. She specifically ddresse&,restrictions regarding a sea wall, what materials can be planted,
and,noted that planting M"aterials'w 11 not impact water quality on the bay.
Council Member Selich agreed with Mayor Gardner and reported that no discussion occurred on the
item at thkoastal Commission as it was on their Consent Calendar and believed that it should not
be approved: He stated that the applicant should return to the Coastal Commission to get the
conditions amended.
Council Member Henn ecpressed concern that the Coastal Commission told the owner that they
r.-
cannot install any protective devices and that they must indemnify the Coastal Commission in case
they experience damage or destruction on their property. He indicated that the matter needs to have
further consideration before a decision can be made.
City Attorney Harp stated that it may be appropriate to work with the owner and the Coastal
Commission to resolve the matter.
Scott Cunningham, lease owner, noted that he did not seek help from the City, indicated that the
process was a long and tiring experience, stated that the Coastal Commission made it clear that the
conditions are the same as with other residents, addressed signage requirements, noted the condition
regarding the sea wall, added that the elevation of his fu•st floor is eleven feet, and encouraged
Council to approve the item noting that he is ready to proceed with the project.
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City Manager Kiff indicated that this would be one of the unique instances where the City would be
asked to sign off on the project because the City is the landowner.
Council discussed reviewing existing files regarding other Beacon Bay properties to determine
precedents and the possibility of delaying the issue until later in the meeting to obtain additional
information.
Scott Cunningham noted that the condition regarding the sea wall doesn't mean that one cannot be
built in the future, but that if so, a permit would be needed.
)UV. PUBLIC COMMENTS
Sheila Pfafflin expressed opposition to a recent action by the PlanningCommission regarding approval of
the EIR for the proposed Banning Ranch Development, addressedssuec ^raised by residents, and urged
Council to become familiar with all aspects of the matter. JimLMosher commented on a recent article in
the "Daily Pilot" regarding the City of Costa Mesa readabilifv' of their compensation reports and believed
that the City should rise to the same standards. `• `-
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported on a recent meeting of thd! Citizens' Aviation Committee noting that the
City has been negotiating extension of the settlement agreement with John Wayne Airport which is due to
expire in 2015 and reported that the reason it knot being negotiated in public is because it is a settlement
to litigation. She also reported that Vector Controf;kas affirmed thaf'there has been a case of the West Nile
Virus in Anaheim, addressed transmission of the diseasex, encouraged-residents to contact them if any dead
birds are observed, and 1 sted ways to avoid being bitten by mosquitoes. \..
Council Member Henn reported ;hat on June `14, 2012, the Neighborhood Revitalization Committee
considered the recommendations of'the Balboa Village Citizens' Advisory Panel for the revitalization of
Balboa Village and reported that further consideration will occur on June 28, 2012. In addition, he
reported that on June 201.,2012, `;the Tidelands Management Committee considered the Tidelands
Infrastructure Management Plv.n and-a presentation was given by the Harbor Commission on dredging.
e _
Council MembeJ;Rbsansk5, ,repotted ',that the-Chart—:o r- Update Committee is continuing with its goal of
producing a document to bepresente$.to,Council and placed on the November ballot.
XVL PUBLIC-,HEARINGS
14. RESOLUTION NO. 2012 -48: RENEWAL OF THE MARINE AVENUE BUSINESS
IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013.
,;
Mayor Gardner opened'the public hearing.
r%
J
Jim Mosher discussed[ Business Improvement Districts (BID'S) versus Business Improvement Areas
and the need to assign advisory Boards.
Hearing no further testimony, Mayor Gardner closed public hearing.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to a) adopt
Resolution No. 2012 -48 confirming the levy assessment for the Marine Avenue BID for Fiscal Year
2012 -13 since protests represented less than 50 percent of the total assessment amount.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member R.osansky, Mayor Pro Tem Curry, Mayor Gardner,
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Council Member Selich, Council Member Henn, Council Member Daigle
15. RESOLUTION NO. 2012 -49: RENEWAL OF THE BALBOA VILLAGE BUSINESS
IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. 1100 -20121
Mayor Gardner opened the public hearing.
Jim Mosher commented on the previous name of the BID, noted that Members of the Board must be
qualified electors of the City, and stated that one of the candidates is not a resident of Newport
Beach.
,-1
Hearing no further testimony, Mayor Gardner closed public- hearing.
City Attorney Harp noted that appointments for BID Boards are.p_ot pursuant to the Streets and
Highways Code.
Resolution No. 2012 -49 confirming the levy as:
2012 -13 since protests represented less thani.
appoint the following to the Balboa Village BIP
Realty, Ralph Rodheim - Balboa Boat Rentals,
Zone Rides, Mike Thompson - Davey's Locker
The motion carried by the following
Ayes: Council Member Hill, Council Me
Council Member Selich, Council Me
,ouncil Member,,Rosanskv to a) adopt
foi the Balboa Village. BID for Fiscal Year
t of the total assessment amount; and b)
Board: Craig Batley " urr White /Balboa
nlund - ExplorOcean, Patrick Moore - Fun
Mayor ;Pro Tem Curry, Mayor Gardner,
rncil Member Daigle
16. RESOLUTION NO. 2012 =50: RENEWALrOF THE CORONA DEL MAR BUSINESS
IMPROVEMENT DISTRICT ;(BID) FOR FISCAL YEAR 2012 -2013. [100120121
Hearing no testimony_, Mayor Gardner closed public hearing.
` /
Motion by-MA. r.Pro Tem Cur`ry:- seconded by Council Member Rosanskv to a) adopt
Resolution7,No. 2012= 60�confirming the levy assessment for the Corona del Mar BID for Fiscal Year
2012.13'since the proteats,represeuted less than 50 percent of the total assessment amount.
17. RESOLUTION NO. 201251: RENEWAL OF THE NEWPORT BEACH RESTAURANT
AT
ASSOCIION BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012-
2013. [1004.0121
Mayor Gardne'r'.openeohe public hearing.
Dan Purcell expressed concern that the City is in the alcohol and liquor business and indicated that
he worries about alcohol and drug fueled vehicle crashes in the City.
Jim Mosher wondered about the need for the Restaurant Association BID and believed that the City
should not be supporting it.
Hearing no further testimony, Mayor Gardner closed public hearing.
Motion by Council Member Hill, seconded by Council Member Rosanskv to adopt Resolution
No. 2012 -51 confirming the levy assessment for the Newport Beach Restaurant Association BID for
Fiscal Year 2012 -13 since protests represented less than 50 percent of the total assessment amount.
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June 26, 2012
motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
18. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812
OCEAN BOULEVARD (PA2011 -141). (100 -20121
Community Development Director Brandt introduced the item, noting the various hearings and
deliberations regarding the matter as well as recent activity on the property.
Assistant Planner Sims presented an overview of the project; addressing location, brief history of
actions taken to date, and receipt of a revised restricted covenant proposed by the applicant. She
presented a comparison of the applicant's restrictions and Planning restrictions.
Discussion ensued regarding the flat roof and the applicant's propo' alto limit the height, the
percentage of development at that height, and the details of the applicant's�rc.vised proposal.
In response to Council Member Henn's question regarding whether the restriction` complies with the
Planning Commission recommendations to lower' roof line by three -feet, staff noted that the
building would be three different heights but that the current proposal allows for the roof line to be
lowered by IY: feet.
Assistant Planner Sims indicated that tliere.is- a-correction`to an error in the Statement of Facts in
the resolution and referenced a handout rilative-td a. change in-the Floor Area Ratio (FAR) proposed
by the applicant. Community Development Direct6 r-- 73randt added that the City also received
correspondence from various parties, including theduanerio 8?nd of Mission Indians, who requested
to monitor the grading.
In response to Mayor-'Pro Tem Curry's question, Community Development Director Brandt noted
that no evidence was - presented regarding the'Juanefio Band of Mission Indians claim. She stated
that there is a General Plan policy- regarding the. matter and noted a Condition of Approval requiring
monitoring during the grading activity can. be It was noted that it is not a requirement, but
rather a recommendation. .` }
Council Member Rosanskyinoted'that apparently the neighbors have not come to an agreement and
stated he is willing to supp `rt the application.
�l
Mayor Gardner commentedon a letter from an attorney received just prior to the meeting and
expressed frustration with items being turned in at the last minute. She requested clarification
regarding the roof railing and arbitrarily changing the established grade.
Community Development =Director Brandt stated that the Zoning Code is not being changed but that
the applicant is voluntarily submitting a self - restrictive covenant.
Mayor Gardner questioned a statement that disagrees with staffs environmental analysis. Further,
she discussed height, the lot merger, and curb cuts on Ocean Boulevard. She pointed out that if the
lot merger is not approved, there is still a possibility for the property owner to make curb cuts.
Council Member Henn addressed the letter from Stephen Miles, Miles Law Group. City Attorney
Harp noted that Mr. Miles raises several issues regarding the demolition of the two properties and
alleges that was in violation of the City's Municipal Code. He reported that demolition was done
under a valid permit that was renewed by the applicant. He referenced a case in Palo Alto indicating
that demolition permits are ministerial and not subject to CEQA analysis. When considering this
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June 26, 2012
item, he indicated the importance of viewing demolition as a separate item that was appropriate
under the law. Additionally, arguments are raised that the lot merger is inconsistent with the
Coastal Land Use Plan (CLUP). Regarding the allegation that the project is in violation of CEQk
staff has done extensive analysis and noted that categorical exemptions are appropriate in this case
and that there is no significant impact to the environment. Regarding the allegation that the item
violates the Brown Act, City Attorney Harp stated that the agenda item adequately covered what is
being considered tonight. He indicated that he sees no legal impediment for Council to take action
tonight on this item and noted that the attachments cited in Mr. Miles's letter were not received and
are not part of the record.
Mayor Gardner opened the public hearing.
Cora Lee Newman, Principal with Government
Guida), noted the attendance of the applicant's
reviewed all the materials in the report. She rc
findings in the staff report and added that the
restrictions set forth in the resolution. She report
modifications made by the applicant to complyjt
She believed that Council's requests from the last
the Planning Commission's recommendations. Sl
be transparent. She further listed all actions t
th 't
Solutions aud',representing the applicant (John
professional team�-and indicated that they have
guested' approval of the lot merger based on the
applicant will compleEely- comply with all of the
Jd meeting with the community and addressed the
ith the - Planning Commission, recommendations.
nesting were met and noted agreement with all of
e indicated agreement that all roof railings would
lien, ,to resolve the issues and urged Council to
approve e r em.
In response to Council Member Hill's question,_ Ms. Newman,reported that in trying to get to the
intent of reducing the house by three -feet, the grads was reduced, by 1' /x feet and the height of the
house by 1 Y feet.
'�A
Discussion followed regardin'g, the proposed' height of the house versus the Planning Commission
requirements, and methods of determining the height. It was noted that if the roof is ridged, a
height of 29 feet is allowed. However, if the r' f is flat, the allowable height would be 24 feet.
Council Member Rosan'sky pointed out that the,\roof adjustment was not according to the Planning
Commission -recommend ations but rather -- according to the discussions from the last Council
meeting., y
Council Member Daigle noted that`the application is for a lot merger and inquired regarding
allegations that the proposal is not consistent with the existing pattern of the area. City Attorney
Harp agreed that consideration should be given to whether it is consistent with surrounding
orooerties;.however. it is un o Council to determine if that criterion is met.
Community Developmentf'Di ector Brandt reported that staff has provided information in
justification of the "findings and offered to provide support for the analysis. Senior Planner Ramirez
presented a map illu`straiing the larger lots in the area and showing a representation of the lots that
have been formally merged into larger lots. It was further noted that the Zoning Administrator
indicated that the findings could be made based on several factors, including how the lots vary in
size, with no set development pattern along Ocean Boulevard.
Council Member Rosansky indicated that from the front of the lot, it is not much wider than many of
the existing lots. He noted that there are many big homes in the area that are on smaller lots.
Council Member Daigle noted that lot width is a criteria along a subdivision pattern.
Mayor Gardner noted that part of the proposed project is underground.
Cliff Jones noted that the issue is about a lot merger. He addressed the review by the Planning
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June 26, 2012
Commission and believed that the project should not be approved since it is inconsistent with the
surrounding pattern of development and is an anomaly.
Mayor Pro Tern Curry inquired regarding concessions made by neighbors in the negotiations. Mr.
Jones addressed the deed restrictions and reported that the applicant was provided with dimensions
but did not agree with them.
Jeff Duime reiterated that the matter is about a lot merger, expressed concern with setting a
precedent, spoke in opposition to the project, and urged Council to deny the project.
Council Member Selich noted the importance of how the lot is perceived and reported that the street
frontage of the proposed lot merger is substantially less than otbzr nearby lots.
Alberta Silva spoke in opposition of the merger and enc'ouraged`Council to vote for denial. She
addressed detriment to health, peace and comfort, loss property value, and incompatibility with
surrounding homes.
City Attorney Harp pointed out that the term surroundingfmeans more than just the adjacent lots.
Stephen Miles, Miles Law Group, addressed the timing for submitting his material, took issue with
relying on a categorical exemption for a lot merger;,and alleged that there was no related CEQA
analysis. He believed that there were other componerits(of the project that were ignored, including
the historical aspects of the buildings::FI.Li- addressed the project's square footage and referenced the
CLUP that indicates the number of allowable dwelling units per,acre. He expressed the opinion that
the proposed lot merger will violate the Land Use' -Plan and thaf'the City cannot make a finding of
consistency with the CLUP and the General Plan. 'He `presente`d' an example of a comparable lot
merger case that was denied,,took exception to the, iatement &it a demolition permit is ministerial,
and addressed the basis for noting that the Biown Act was violated.
In response to Mr. Miles' allegations regarding the historical aspects of the demolished buildings,
City Attorney Harp stated that Council will be considering the project as it exists today for purposes
of CEQA. He noted that -the peo ote owner legally, had the right to demolish the buildings.
- -'�' - -- - 1fI
Community - Development Director Brandt stated the importance of remembering that the General
Plan sets the overall development, parameters for the communities which are further implemented
by the Zoning Code. She noted that'`the Zoning Code sets a minimum lot size for a property and not
a maximum lot size. She also addressed the density range for the area as stated in the CLUP and
read into,'•the record Section 2.0 Land
'Use Element of the Coastal Land Use Plan in relation to the
General Plan,
John Cummings- believed that the subject block is a hodge -podge and spoke in support of the lot
merger. He presented.pictures with examples of other lot mergers within the City.
Danny Daneshmand spoke on behalf of his daughter who.owns property on Ocean Boulevard. He
stated that the lot merger will affect the value of surrounding properties and took issue with the
demolition of the buildings since they might have had historical value. He addressed the proposed
height and urged Council to deny the project.
Mark Todd, representing Mr. Guida, the applicant, stated that if there had been historical value to
the property, the previous owner would have raised the selling price. He noted surrounding large
lots and addressed setbacks, believing that the project would improve the view to other houses. He
also discussed compromises made by Mr. Guida. He further pointed out that the deed restrictions do
not negate a lot merger.
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June 26, 2012
Peter Campbell, parents live adjacent to the project, addressed his parents' health and noted that he
is one of their principal caregivers. He stated that this has been very distressing for them and
encouraged Council to deny the lot merger.
Linda Jones reported that their lot was never merged.
Ruth Alter, Owner and Principal of Archeos, listed her experience and qualifications as a historical
resources consultant, and presented her opinions regarding the buildings that existed on the subject
property. She addressed post and beam construction used in one of the buildings, and expressed her
disappointment that the buildings were demolished.
Y
Dan Purcell encouraged the maintenance of decorum.
Jim Mosher addressed the density issue and zoning for the�propert3,,.\He expressed concerns with
reducing public access to the coastal environment.
Andrew Patterson noted the importance of being „good neighbors and indicated support for the
project. r ''
Cora Lee Newman noted the actions taken by,;the applicant to comply with` Council's May 8
directions and reported that the item is not only about the lot merger, but has continuously been
about the height of the house.
t
There being no further testimony, Mayor ;Gardner closed the public hearing.
Council Member Rosansky reiterated his support foi the lot merger,,
Regarding the Juaneno Baif&of Mission Indians; condition relative to monitoring the grading of the
property, Ms. NewmanAddicated that the applicant accepts the condition if it means that Council
will approve the project
Motion by Council Member Rosanskv, seconded by Mayor Pro Tem Curry to reverse the
Planning Commission's decision by- adopting 'Resolution No. 2012 -52 to approve Lot Merger
Application - N6- LM20,11 -002 - including` theiad`ditional condition proposed by the Juaneno Band of
MissionlIndians and the " ^changetin square footage to a maximum of 7,116 square feet.
Council Member Hill repo ed thatiWthe lots are not merged, a home can be built on each of the lots.
”` l
Community, - Development Director Brandt reported that the City would comply with the current
Zoning Code`standards which are included in the staff report.
Discussion
the recorded easement.
Council Member Daigleihdicated that she does not support the lot merger because the size of the lot
is not consistent with the predominant forms in the area and it is not in keeping with the density
requirements in the CLUP.
Mayor Pro Tem Curry believed that the applicant did what they were asked to do, but the neighbors
have not been willing to compromise. He indicated support for the lot merger.
Mayor Gardner expressed frustration with the demolition of the houses and believed that most of the
conversations at the May 8 meeting were about the height. She addressed the height, setbacks and
frontage, and believed that the project would be a better fit for Ocean Boulevard.
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motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Noes: Council Member Daigle
XII. CONSENT CALENDAR (continued)
13. ONE BEACON BAY: AUTHORIZATION TO EXECUTE LEASE RESTRICTION. 1100 -20121
City Manager Mff reported that staff was able to find the 20(
Commission and stated that in the proposed special conditions'
for
Commission made additions regarding landscaping prohibitions and
11 11
Mayor Gardner suggested deleting the term "landowne ; "in the agi
Coastal Commission indicating what was previously,''a'pproved and
regarding the addition of "landowner" in the agreement. }
City Attorney Harp suggested adding language to "
.;
agreement provided that the Coastal Commission .,ren
Beach be bound by the conditions ".
City Manager Kiff stated that staff will' w' ork with Mr.
needed. '
3 document from the Coastal
Mr. Cunningham, the Coastal
ublic access signage.
and returning it to the
City was not advised
rize the City Manager to execute the
the provision that the City of Newport
and the Coastal Commission as
Motion by Council Member Daigle, seconded bv'Council Member Henn to authorize the City
Manager to execute the California Coastal Commission mandated Lease Restrictions for One Beacon
Bay, provided that the City; as landowner, isAnot•bo`und by sard're'strictions.
The motion carried byjAe following roll call vote:
Ayes: Council Member,, 11 Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member S'ehch fbouncil Member Henn, Council Member Daigle
XVII. CURRENT BUSINESS
v
19. APPOINTMENTS TO BOARDS AND COMMISSIONS. [100 -2012] serve terms effective July 1,
2012 td June 30, 2016:
Council Member Rosansky announced that he will be recusing himself on the Board of
Library Trustees-and Civil7Service Board votes since he is related to one of the nominees. He noted
that he was on the Council Ad Hoc Appointments Committee and also recused himself from
conducting interviewbSoFthose Boards and Commissions.
City Clerk Brown indicated that the Board of Library Trustees and Civil Service Board
appointments will be conducted first.
Mayor Gardner indicated that there is impressive talent in the City.
Council Member Henn expressed concern that the City did not receive any application for the
Building and Fire Board of Appeals and encouraged staff to see if over time applicants can be
identified.
Jim Mosher commented on the lack of Building and Fire Board of Appeals applications.
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June 26, 2012
City Attorney Harp noted that a person should only serve on one Board, noting that Robyn Grant
has been nominated for two.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Amy Claster (Daigle, Curry, Mayor Gardner)
Robyn Grant (Hill, Selich, Henn)
City Clerk Brown announced that a second vote will need to be taken and announced the second vote
as follows:
Amy Claster (Daigle, Curry, Mayor Gardner)
Robyn Grant (Hill, Selich, Henn)
r
Following discussion about methods to break a tie vote. City Clerk Brown announced that a third
vote will need to be taken and announced the third vote, as follows:
Amy Claster (Daigle, Curry) s-
Robyn Grant (Hill, Selich, Henn, Mayor Gardner)
lF�
City Clerk Brown announced that Robyn Grant is a' pointed to the Board of Library Trustees for a
four -year term.
City Clerk Brown read the ballot votes for the,Civil Service,Board as follows:
Debra Allen (Hill, Curry, Selich, Henn, Daigle, Maydi Gardner)
Mickey Dunlap (Hill, Curry, Selich, Henn, Daigle, Mayor Gardner)'
City Clerk Brown annci —ced -'that Debra Allen''and Mickey Dunlap are reappointed to the Civil
Service Board for a four -year term.
City Clerk Brown read the ballot—votes for the Croy Arts Commission as follows:
Rita Goldbei ;g','Ifll,'Rosansky;,Curry S61ich;,Henn, Daigle, Mayor Gardner)
Carolined Lo g an
Hill)
Sith ' -, y ti Cry\,Robert m , � _ S\e
ch, Henn, Daigle, Mayor Gardner)
City Clerk Brown announced that Rita Goldberg and Robert Smith are reappointed to the City
Arts Commission for a four -year term.
City Clerk Brown, read the Ballot votes for the Harbor Commission as follows:
Paul Blank (Hill, Curia•,; 96beh, Henn, Daigle, Mayor Gardner)
Dana Tascher(Rosanskv)
City Clerk Brown announced that Paul Blank is appointed to the Harbor Commission for a four -
year term.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission
(PB &R) as follows:
Gloria Alkire (Hill)
Kathy Hamilton (Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner)
City Clerk Brown announced that Kathy Han-Alton is reappointed to the PB &R Commission for a
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City of Newport Beach
City Council Minutes
June 26, 2012
four -year term.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Daniel Boyd (Mayor Gardner)
Larry Tucker (Hill, Rosansky, Curry, Selich, Henn, Daigle)
City Clerk Brown announced that Larry Tucker is reappointed to the Planning Commission for a
four -year term.
20. DECLARATION OF SURPLUS ASSESSMENT DISTRICT" FUND BALANCES AND
REFINANCING OF 14 ASSESSMENT DISTRICTS. 1100- 20121
Council Member Hill recused himself from hearing thCaforementioned item because he owns
property within one of the Special Assessment Districts'and departed the,Chambers.
Council Member Rosansky recused himself from hearing the aforementioriea,item because he owns
property within one of the Special Assessment Districts and departed the Chambers.
Council Member Henn recused himself from hearing the aforementioned item because he owns
property within one of the Special Assessment Districts and departed the Chambers.
In response to Council Member Daigle!s,question, Dep'ut'y: Finance Director Matusiewicz reported
that there was an additional $3,500 fee- for.a`n- escrow verification, described the tasks of a Placement
Agent and Financial Advisor, and stated `that these is a typographical error to one of the Resolutions.
Discussion followed regarding related savings to prop`erty owners.
Motion by Mayor Pro Te'insCurrv, seconded'-6v Council Member Selich to a) adopt Resolution
No. 2012 -53, authorizing the City to declare the remaining improvement fund balance as surplus and
provide staff directign as to th'e distribution o ,improvement fund balances in Assessment Districts
92 (Coast Highway /Tuatin), 96-2 (Ocean Front),,and 101 (Central Balboa); b) adopt Resolution No.
2012 -54, hereby adopting',th -e Reassessment Report, confirming and ordering the reassessment by
summary proceedings and authorizing and'direeting related actions; c) adopt Resolution No. 2012 -55,
declaring intention to'.:Tevy reassessments and tissue refunding bonds; and d) adopt Resolution No.
2012 -56, authorizing the,,issuance of refunding bonds, and approving and authorizing related
documents and actions.
1
The motion carried by the following roll call vote:
Ayes: Mayor'P,ro Tem Curry; Mayor Gardner, Council Member Selicb, Council Member Daigle
21. LABOR AGREEMENT: NEWPORT BEACH POLICE ASSOCIATION (NBPA) (C- 2056). [100-
2012)A�
City Manager Kiff highlighted the change in pension contributions and noted a provision that if the
City's costs increase, employee costs would go up with the City's costs to the 26.5% level.
In response to Council Member Daigle's question, City Manager Kiff explained the changes in
pension participation for sworn officers and civilian employees. He addressed offsets, cost -of -living
adjustments, and details of the second tier as well as comparisons with other jurisdictions.
In response to Council questions, City Manager Kiff explained the differences in costs between tiers,
the possibility of reaching a 50150 ratio, and Employer Paid Member Contributions (EPMC) reforms.
Jim Mosher inquired about increases in the costs to tax payers over the life of the MOU, whether
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City of Newport Beach
City Council Minutes
June 26, 2012
increased costs include attorney fees and staff time, and stipulation with the Police Department
regarding consequences of not reaching an agreement by a certain date.
City Manager Kiff reported that the Police Department did not ask for a refund, but agreed to roll
over the 3.5% on a going- forward basis without repayment reverting back to January 1, 2012 and roll
it from a payroll deduction to a direct payment of the employee share. He addressed the overall cost,
noting that it does not include the cost of outside counsel, and expressed appreciation to the Police
Department for their commitment to keeping the City a safe place.
Motion by Council Member Rosansky, seconded by Mayor Prd Tern Curry to a) authorize
Mayor Gardner to execute a Memorandum of Understanding (MOU) with the NBPA; b) adopt.
Resolution No. 2012 -57, relating to PERS and ending reporting of Employer -Paid Member
Contributions (EPMC) over time; and c) designate the'City Manager as the authorized
i �
representative to execute subsequent written agreementsrun der _ S\tion 5(B) of the MOU (Work
Schedules). `
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member RosanskvrMayor Pro Te •ry_, Mayor Gardner,
Council Member Selich, Council Member Henn,;Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XDt. ADJOURNMENT - 10:50 pan.
The agenda for the Regular Meeting was posted of
Bulletin Board located outside of the City - of Ne
supplemental agenda for the,Regular Meeting wai
City Hall Bulletin Board located,,outside of the \.city
\, y
�r
City Clerk
&une 21, 20.12, at 3:05 p.m on the City Hall
/s'.
Tort-
'Beach Administration Building. The
posted on-June 22, 2012, at 3:20 p.m. on the
of Newport Beach Administration Building.
Recording Secretary
Mayor
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