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HomeMy WebLinkAbout01 - Minutes - 09-13-2011City of Newport Beach City Council Study Session September 13, 2011 Agenda Item No. 1 September 27, 2011 In response to Council '.Member Daigle's concern, Mr. Smith stated that the Foundation's official annual financial report will probably not be available until later this year. Council Member Daigle and City Attorney Harp discussed the option to purchase the City -owned building by the Balboa Performing Arts Theater Foundation. Council Member Curry briefly spoke in support of a public- private partnership to develop the Theater. Mayor Henn thanked the Foundation's Board of Directors for their efforts. He believed that the development of the Theater would add to the revitalization of Balboa Village and stated that it is a very significant cultural asset for the City. 3. NEWPORT BANNING RANCH DRAFT ENVIRONMENTAL IMPACT REPORT REVIEW PROCESS. [100 -2011) City Manager Kiff emphasized that this item is a discussion of the process for the review of the Draft Environmental Impact Report (DEIR) by the public and not a discussion of the DEIR itself. Community Development Director Brandt provided a PowerPoint presentation and discussed the steps to be taken in 2012 after Council approval. Jim Mosher read a statement pointing out alleged errors in the staff report and commented on the delayed availability of the DEIR for public review. He also commented on Item 11 (Sunset Ridge Park and Marina Park Project), noting a cost overrun and believed that the Banning Ranch Conservancy is a legitimate group expressing sincere concerns. Mayor Henn and Mayor Pro Tem Gardner discussed how the Environmental Quality Affairs Citizens Advisory Committee (EQAC) processes public input and comments. Steve Ray, Executive Director of the Banning Ranch Conservancy, echoed Mr. Mosher's concern regarding the delayed availability of the DEIR for public review and requested that it be made available for an additional five days. In response to Mr. Ray's request regarding EQAC, Mayor Pro Tem Gardner confirmed that EQAC's next meeting is on September 19. Mayor Henn responded to Mr. Ray's concerns and directed staff to ensure that the current membership and EQAC meeting dates are available on the City's website. Council reached a consensus that the time currently allocated for public review of the DEIR is adequate, and should not be extended by five days as requested by Mr. Ray. 4. WEST NEWPORT FACILITIES. [731100 -2011] Public Works Director Badum provided a PowerPoint presentation and highlighted Amended the proposed site at the current City_Corporate I and which would be redeveloped to' include a parking structure, the new Police Department, 'a maintenance facility, and a community center. Council Member Selich and Public Works Director Badum discussed the location of Volume 60 - Page 237 City of Newport Beach City Council Study Session September 13, 2011 fleet maintenance relative to the Police Department. Council Member Rosansky complimented staff for the plan's creativity, significant civic presence, and robust community center; however, expressed concern regarding the location of the proposed maintenance facility. Council Member Hill echoed Council Member Rosansky's comments and suggested that access on Newport Boulevard be moved Further south to potentially share an entrance with Hoag Memorial Hospital. Council Member Selich suggested that the Police Department's vehicle maintenance be integrated with the parking structure. Council Member Selich and Public Works Director Badum discussed the long -term use and location of the fuel island. Mayor Pro Tem Gardner and Public Works Director Badum discussed the potential uses for the proposed green space, both by employees and the public. Mayor Henn stated that he would rather see vehicle maintenance located in the Utilities Yard and supports the idea of a shared entrance with Hoag Memorial Hospital. In response to Mayor Henn s question, Municipal Operations Director Harmon discussed the issues related to moving the material transfer station. Council and Recreation and Senior Services Director Detweiler discussed the programming vision necessary to fully utilize both the Marina Park Community Center and the new community center. Following discussion, Council reached a consensus that the West Newport Facilities project should move forward rapidly, such that it is moving ahead promptly on the heels of the completion of the new Civic Center Project. In addition, Council reached a consensus that no public building is needed as a component of the re -use plan for the new Civic Center. Mayor Henn also suggested that an economic value analysis be brought back at a Study Session that focuses on the released facilities. Added Jim Mosher believed that the Utilities Yard would be a better location for the proposed community center. 5. HARBOR SPEED LIMIT - PROPOSED CHANGES. (100 -20111 Harbor Resources Manager Miller provided a PowerPoint presentation. He discussed the cost of the required regatta insurance which is approximately $300 to $500fboat per year. Council Member Curry spoke in support of the proposal. In response to Council :Member Selich's question, Orange County Harbor Patrol Lieutenant Slavton stated that the County Code would not need to be revised; however, he did request that the ordinance include the basic speed law. Council Member Hill and Harbor Resources Manager Miller discussed the cost of the program and discussed exceptions to the ordinance. Volume 60 - Page 238 Agenda Item No. 1 September 27, 2011 City Council Minutes City Council Study Session September 13; 2011 — 3:30 p.m. F° I. ROLL CALL Present: Council Member Hill, Mayor Pro Tem Gardner, Mayor.` Henn, Council Member Selich, Council Member Curry, Council Member Daigle Excused: Council Member Rosansky Council Member Rosansky arrived at 3:50 p.m II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Daigle's question regarding Item 8 (Services Agreement with Valley Soil, Inc.), Public Works Director Badum described the State - mandated, quality -based selection process used liy`,the City for providers of professional services. Council Member Hill acknowledged that he lives within 500 feet of the subject property involved in -Item 21 (Balboa ,,Bay Club Ground Lease), and will be abstaining from-voting. `; Mayor Pro Tenn Gardner commented on. Item 6 (Energy Leadership Partnership Agreement), urging the City to strive to achieve the Silver, Gold and Platinum levels of participation. City Manager l ff -noted that Southern California Edison (SCE) representatives` are in attendance -'and briefly discussed the additional administrative burdens, •associated with the Energy Leadership Partnership Agreement. In response to Mayor, Henn's question, SCE representatives stated that the Solar Panels for the new Civic Center would not qualify for funding under the Energy Leadersbip Partnership Agreement. City Attornev Harp commented on Item 16 (Balboa Theater Potential Lease Amendments); ;noting that the City Attorney's Office has made two proposed amendments. 2. BALBOA THEATER PROJECT UPDATE (C- 3248). [381100 -20111 Marian Bergeson, Balboa Performing Arts Theater Foundation, provided a PowerPoint presentation and pointed out the Foundation members in attendance. In response to Council questions, Craig Smith of the Foundation discussed the strategy for making the venue completely self - supporting, the construction schedule, and the construction financing shortfall of $4,000,000. Volume 60 - Page 236 City of Newport Beach City Council Study Session September 13, 2011 In response to Council Member Daigle's concern, Mr. Smith stated that the Foundation's official annual financial report will probably not be available until later this year. Council Member Daigle and City Attorney Harp discussed the option to purchase the City -owned building by the Balboa Performing Arts Theater Foundation. Council Member Curry briefly spoke in support of a public- private partnership to develop the Theater. Mayor Henn thanked the Foundation's Board of Directdrs for their efforts. He believed that the development of the Theater would .add to the revitalization of Balboa Village and stated that it is a very significant cultural asset for the City. 3. NEWPORT BANNING RANCH DRAFT 'ENVIRONMENTAL IMPACT REPORT REVIEW PROCESS. [100 - 20111, City Manager Kiff emphasized that this tem is: a'discussion of the process for the review of the Draft Environmental Impact Report (DEIR) by the publi c. and not a discussion of the DEIR itself. Community Development Director Brandt provided a PowerPoint presentation and discussed the steps to be taken in -,2012 after Council approval. Jim Mosher read a statement pointing out „alleged 'errors in the staff report.and commented on the delayed availability of the•DEIR for public review. He also commented on Item 11 (Sunset Ridge Park'-and Marina Park Project), noting a cost overrun and believed °, that the Banning Ranch Conservancy is a legitimate group expressing sincere concerns. Mayor Henn and Mayor Pro Tem Gardner discussed how the Environmental Quality Affairs Citizens Aldvieory,Committee (EQAC) processes public input and comments. Steve Rsy, - Execuiive. Director of the Banning Ranch Conservancy, echoed Mr. - Mosher's concern regarding the delayed availability of the DEIR for public review and requested shat it be made available for an additional five days. In response to Mr. Ray's request,iegarding,EQAC, Mayor Pro Tem Gardner confirmed that EQAC'a next meeting is on'.September'19. Mayo'r,Henn responded to Mr. Ray's concerns and directed staff to ensure that the current.membership and EQAC meeting dates are available on the City's website. Council reached•:a consensus that the time currently allocated for public review of the DEIR is adequate, and should not be extended by five days as requested by Mr. Ray. 4. WEST NEWPORT FACILITIES. [731100 -20111 Public Works Director Badum provided a PowerPoint presentation and highlighted the proposed site, which would include a parking structure, the new Police Department, a maintenance facility, and a community center. Council Member Selich and Public Works Director Badum discussed the location of fleet maintenance relative to the Police Department. Volume 60 - Page 237 City of Newport Beach City Council Study Session September 13, 2011 Council Member Rosansky complimented staff for the plan's creativity, significant civic presence, and robust community center; however, expressed concern regarding the location of the proposed maintenance facility. Council Member Hill echoed Council Member Rosansky's comments and suggested that access on Newport Boulevard be moved further south to potentially share an entrance with Hoag Memorial Hospital. Council Member Selich suggested that the Police Department's vehicle maintenance be integrated with the parking structure. Council MemberSelich and Public Works Director Badum discussed the long -term use and location-,of the fuel island. Mayor Pro Tem Gardner and Public Works Director'Badum,discussed the potential uses for the proposed green space, both by employees and the - public. i Mayor Henn stated that he would rather-`see vehicle maintenance located in the Utilities Yard and supports the idea of a shared entrance with Hoag Memorial Hospital. In response to Mayor Henn ',s, question, Municipal Operations Director Harmon discussed the issues related to moving the material transfer station. Council and Recreation and ,Senior Service's. Detweiler discussed the programming vision necessary, io -fully utilize both the Marina Park Community Center and the new community center Following discussion, Council reached a consensus that the West Newport Facilities project should move forward rapidly, such that it is moving ahead promptly on the heels of the completion of the new Civic;Center Project: In addition, Council reached a consensus tlrat no public building is' needed as a component of the re -use plan for the new Civic Center. Mayor Henn also suggested that an economic value analysis be brought back at a Study Session thai.focuses on the released facilities. HARBOR -SPEED LIMIT - PROPOSED CHANGES. [100-20111 -Harbor Resources Manager Miller provided a PowerPoint presentation. He discussed the cost of the required regatta insurance which is approximately $300 to $5001boat per year.,, Council Member Curry spoke in support of the proposal. In response to Council Member Selich's question, Orange County Harbor Patrol Lieutenant Slayton stated that the County Code would not need to be revised; however, he did - request that the ordinance include the basic speed law. Council Member Hill and Harbor Resources Manager Miller discussed the cost of the program and discussed exceptions to the ordinance. E. D. Rose spoke in opposition to the inclusion of a basic speed law in the ordinance. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:25 p.m. Volume 60 - Page 238 City of Newport Beach City Council Study Session September 13, 2011 The agenda for the Study Session was posted on September 8, 2011, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary, Volume 60 - Page 239 City Council Minutes City Council Regular Meeting September 13, 2011 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 5:25 p.m. A. Conference with Leval Counsel - Existiny Litigation (Government Code 6 54956.9 C. La)j: Four matters: 1. Pacific Shores v. Newport Beach, U:S. District Court Case No. SACV 08 -00457 AG (PLAx); U.S. Court of Appeals for the Ninth Circuit Case No. TA5460. 2. Newport Coast Recovery and Yell'ow'stone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09- 0701 -DOC (ANx); U.S. Court of Appeals for the Ninth Circuit Case No:.11- 55461. 3. MORN v. City of Newport'Beach,-OCSC Case No': 30- 0211- 00447004. 4. Morningside Recovery, LLC v. City of, Newport Beach, OCSC Case No. 30 -2011- 00505900. 1. Potential i nitiation-of litigation against Morningside Recovery, LLC and the owners of the properties located at 4823 A`and B River Avenue, 29 Ima Loa Court, 100 Via Antibes; 102 Via Antibes, '208 Via Lido Soud, and 533 Via Lido Soud, to abate the residential care facilities at these locations. a A6n'ev Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator. Employee Oreanizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Five Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); and Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777). III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 60 - Page 240 City of Newport Beach City Council Minutes September 13, 2011 V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Harp reported that the correct case number for item II.A.3 is 30- 2011- 00447004. Regarding Item II.A.4, City Attorney Harp reported that the City Council voted unanimously to authorize the City Attorney's Office to defend this action which seeks to, set aside the City Council's decision to terminate the Zoning Agreement with Morningside. Regarding Item II.B.1, City Attorney Harp reported that the City Council voted unanimously to authorize the City Attorney's Office to file civil action against Morningside Recovery, LLC and the owners of the properties located at 4823 A and B River Avenue, 29 Ima Loa :Court, 100 Via Antibes, 102 Via Antibes, 208 Via Lido Soud, and 533 Via Lido;Soud, in order to abate the residential care facilities at these locations. VII. PLEDGE OF ALLEGIANCE - Council Member`Rosarisky VIII. INVOCATION - Reverend Peter D. Haynes, Saint. Michael and All Angels Episcopal Church IX. PRESENTATION National Moment of Remembrance of the 10th Anniversary of 9/11 - Mayor Henn read the proclamation recognizing September 11, 2011 'as a day-6f solemn commemoration of the events of September 11, 2001, and called' -for• a moment of`silence in remembrance. FA M NOTICE TO THE PUBLIC Mayor Henn introduced the new City Attorney, Aaron C. Harp, and welcomed him back on behalf of Council and all residents of the City. City Attorney Harp thanked Council for the opportunity to once again serve the City. Council Member .Daigle announced that the Kids Institute for Development and Advancement's Third Annual Summit,on Autism will be held on Saturday, September 17, 2011, at the University of California, Irvine's Bre'n Events Center, starting at 8:00 a.m. The keynote speaker will be former First Lady Rosalyn Carter: Council Member Hill announced that an AirFair fundraiser will be held on Thursday, September 15 from 5:00 p.m. - 7:00 p.m. at the Newport Beach Vineyards & Winery on Mesa Drive. Mayor Pro Tem Gardner recommended that the Parks, Beaches, and Recreation Commission examine the City's fire pit policy and report back to Council with their recommendations. Mayor Henn announced a Group Homes Conference at 1:30 pm on Wednesday, September 14, at the Newport Coast Community Center; a Neighborhood Revitalization Committee meeting at 4:00 p.m. on Thursday, September 15, in the City Council Chambers; a Meet the Mayor at 9:00 a.m. on Saturday, September 17, at Fire Station No. 7 in Santa Ana Heights; a Santa Ana Heights Volume 60 - Page 241 City of Newport Beach City Council Minutes September 13, 2011 Revitalization Committee meeting at 2:00 p.m. on Wednesday, September 21, at the Santa Ana Heights Fire Station; a Balboa Village Citizens Advisory Panel meeting at 4:00 p.m. on Thursday, September 22, at the Newport Harbor Nautical Museum (ExplorOcean); a Tidelands Management Committee meeting at 4:00 pm .on Wednesday, September 21, at the OASIS Senior Center; the Balboa Fun Zone 75th Anniversary celebration from Saturday, September 24, through Sunday, September 25; and. the 23rd Annual Taste of Newport from Friday, September 16, through Sunday, September 18. Council Member Hill stated that he resides within a 500 foot radius of the Balboa Bay Club, and recused himself from Item 21 (Assignment of Balboa Bay Club Ground Lease). City Manager Kiff recommended that Item 16 (Balboa Theater Potential Lease Amendments) be continued to the September 27, 2011 Council meeting to allow .staff sufficient time to amend the lease. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY`SESSION AND REGULAR MEETINGS OF AUGUST 9, 2011; AND SPECIAL; °MEETINGS OF AUGUST 10, 2011 AND AUGUST 18, 2011. [100 -2011] Waive reading of subject minutes, approve as amended, and order filed. Mayor Pro Tern Gardner requested that page 227 be amended to reflect that Bicycle Safety Committee meetings are. normally held the first Monday of the month. Council Member Hill noted that amendments to page 230 were provided tonight for consideration. 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 pursuant to Charter Section 412. B. ORDINANCE FOR ADOPTION 4'. NERO PROPERTY AMENDMENTS (PA2011 -061) - 105 15TH STREET. [100- 2011] Conduct`'. a second reading and adopt Ordinance No. 2011 -21 approving Code Amendment No. CA2011 -007. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL' OF FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM TRANSFER AGREEMENT. [100 -2011] Adopt Resolution No. 2011- 87 approving the Transfer Agreement for Fiscal Year 2010 Homeland Security Grant Program purposes ( "Transfer Agreement ") and authorizing the Police Chief, the Fire Chief, and City Manager to act as the "Authorized Agents" to execute for and on behalf of the City and actions necessary to implement the Transfer Agreement and obtain Federal financial assistance provide by the Federal Department of Homeland Security and sub - granted through the State of California. 6. ENERGY LEADER PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON AND THE CITY OF NEWPORT BEACH. [100 -2011] a) Adopt Resolution No. 2011 -88 supporting an energy partnership between Southern Volume 60 - Page 242 City of Newport Beach City Council Minutes September 13, 2011 California Edison and City of Newport Beach; b) authorize the City Manager to execute the Energy Leader Partnership Agreement between the City of Newport Beach and Southern California Edison; and c) designate Iris Lee, in the Public Works Department as the "Energy Champion" pursuant to the Energy Leader Partnership Agreement. 7. OVERNIGHT PARKING RESTRICTION ON BACK BAY DRIVE. [100 -20111 Adopt Resolution No. 2011 -89 prohibiting the parking of vehicles on Back Bay Drive between Jamboree Road and Shellmaker Road daily from 10:00 p.m. to 6:00 a.m. D. CONTRACTS AND AGREEMENTS . 8. NEWPORT COAST ASBS RUNOFF REDUCTION PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT,.WITH VALLEY SOIL, INC. (C -4908) [381100 -20111 Approve a Professional Services, Agreement with Valley Soil, Inc. for managing installation of weather -based irrigation controllers and related customer service activities at a n4 to exceed cost of $150 000. 9. BRIDGE MAINTENANCE PROGRAM - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4587. [384100 -20111 a) Accept the completed work and authorize the City Clerk to file a Notice: of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 ;days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; c) release the Faithful Performance Bond'one year after Council acceptance; and (1) approve Budget Amendment No. 12BA =008, appropriating?$,16,500 from the unappropriated gas tax fund to 7181- C2001010. - - 10. APPROVAL, OF MASTER, FUNDING AGREEMENT WITH ORANGE COUNTY .. TRANSPORTATION AUTHORITY FOR THE RENEWED MEASURE M (,C- 4947). [381,100 -2011] Approve and execute Master Funding Agreement No. C -,1 -2776 with OCTA. 12. JAMBOREE, ROAD, IMPROVEMENTS (BRISTOL STREET NORTH TO .FAIRCHILD',; ROAD) APPROVAL OF AMENDMENT NO. 3 WITH VA 'CONSULTING;: ;INC. (C- 4071). - [381100 -20111 Approve Amendment No. 3 with VA Consulting, Inc:,. for additional engineering services for the Jamboree Road Improvements, (Brisfoli Street North to Fairchild Road) project. 13:. AGREEMENT FOR CITY BUILDING FACILITIES CUSTODIAL SERVICES (C- 4938). [381100 -2011] Approve the proposed agreement between the City of `Newport Beach and ABM Services, Inc. for the provision of custodial services for OitS - building facilities. Council',Member Curry commented on Item 13 (Agreement for City Building. - 'Facilities Custodial Services), noting that contracting out the services will result in substantial savings for the City. 14. UPPER BUCK GULLY RESERVE AREA RESOURCE MANAGEMENT AND TRAIL IMPROVEMENT /RESTORATION (C- 3905). [381100 -2011] -a) Approve an amendment to the IRC Agreement for resource management services in Upper Buck Gully for FY 11/12 in the amount of $185,000; b) approve Budget Amendment No. 12BA -007 1) recognizing a contribution of $90,000 from the Habitat Conservation Fund and appropriating $90,000 to Account No. 7251- C5002009 and transferring $90,000 from Account No. 7014- C5002002 to 7014- C5002009 for Volume 60 - Page 243 City of Newport Beach City Council Minutes September 13, 2011 construction to the Upper Buck Gully Loop Trail and 2) transferring $185,000 from Account No. 7014- C5002002 to Account No. 0110 -8250 for resource management services; and c) find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304, Class 4, Minor Alteration to Land, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. E. MISCELLANEOUS 15. PLANNING COMMISSION AGENDA AND ACTION.REPORT FOR AUGUST 18, 2011. [100 -2011] Receive and file written report..l 16. BALBOA THEATER POTENTIAL LEASE AMENDMENTS (C- 3248). [381100- 20.1] Continue the item to the September 27, 2011 regular City Council meeting. 17. ACCEPTANCE OF 2011/2012 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY, DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT #20267. [100 -2011] a) Authorize the City Council to accept a $242,399 award granted to the Police Department by;the OTS per Council Policies F -3 and F- 25. Therefore, to comply with Council, Policy F -3, City Council must formally accept the award of $242,399 and create a new appropriation to expend the money; and b) approve Budget Amendment No. 12BA -006 increasing Police revenue estimates and expenditure appropriations by $242,399. 18. BUDGET AMENDMENT tTO INCREASE EXPENDITURE APPROPRIATION FROM A DEPOSIT ACCOUNT. [100-2011] Approve Budget Amendment No. 12BA -005 transferring funds" the Reeords. Management Building account to Building revenue and increasing Building expenditure appropriations in the amount of $139,560.36 19. FINAL ,TRACT 'MAP NO. 173,55 - 1691 SAN MIGUEL DRIVE. [100 -2011] Review'and approve Final Tract Map No. 17355 for a six -lot subdivision located at 1691 San Miguel, Qlilvs pursuant to,Section 19.60.010 of the Municipal Code. 20. HARBOR,, COMMISSION GOALS FOR FY 2011 -12. [100 -2011] Receive and file. Motion by Mayor Pro Tern +Gardner: seconded by Council Member Rosanskv to approve the Consent Calendar except for the items removed (3, 11 and 21); and noting the amendments to Item 1 and the continuance of Item 16'' The motion carried by the following roll call vote: Ayes: Council Member, Hill ' Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Salich, Council Member Curry, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. MARINER'S POINTE APPEAL - SECOND READING OF ORDINANCE (PA2010 -114) 100 -300 WEST COAST HIGHWAY. [100 -2011] Jack Geerlings opposed the adoption of Ordinance No. 2011 -22 citing that he is concerned about the size of the project and the possible effects on his property value. Motion by Council Member Selich, seconded by Council Member Curry to conduct second reading and adopt Ordinance No. 2011 -22 approving Code Amendment No. CA2011- Volume 60 - Page 244 City of Newport Beach City Council Minutes September 13, 2011 009. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member Selich, Council Member_ Curry Noes: Mayor Pro Tem Gardner, Council Member Daigle 11. SUNSET RIDGE PARK AND MARINA PARK PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 WITH SCHMITZ AND ASSOCIATES (C- 4546). [381100 -2011] Steve Ray, Executive Director of the Banning Ranch Conservancy, discussed the proposed access road to Sunset Ridge Park which runs through_.the,Banning Ranch property. He encouraged Council to consider an alternate access route. Motion by Council Member Curry, seconded"bv Council Member Selich to approve Amendment No. 3 to the PSA with Schmitz -'& Associates, Inc. of Malibu, California for California Coastal Commission application preparation and processing support services at a cost of $107,211.50, and authorize the Mayor,and. the City Clerk to execute fheAmendment. The motion carried by the following roll call vote; `- Ayes: Council Member Hill, Council_, Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich. Council Member Curry, Council Member Daigle 21. ASSIGNMENT OF BALBOA BAY CLUB GROUND LEASE (C -519). [381100 -2011) Council Member Hill,,recused himself _:since he resides within 500 feet of the Balboa Bay Club;aud left the dais. Jim Mosher expressed opposition to the assignment of the lease, stating that due diligence regarding the lessee was;potentially inadequate. Motion 'bb.- Council 'Member`Daiele; 'seconded by Council Member Selich to a) approve the proposed assignment of the Balboa Bay Club Ground Lease from Balboa Bay Club, Inc., to Seven-On Capital - Business, Inc., and Mr. Winston Chung and find that Balboa Bay Club, Inc., is not currently in default under the Ground Lease; and b) authorize the 'Mayor and the City Clerk to sign the Estoppel Certificate and Consent to Ground Lease Assignment on behalf of the City. In response to Mayor Pro Tem Gardner's question, City Manager Kiff stated that the California State Lands Commission previously approved the lease document and Assistant City Manager'Smith'added that the lease contract was reviewed and found most favorable by the consultant. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIV. PUBLIC COMMENTS Daryl Ferguson, Surfrider Foundation Newport Beach Chapter, announced that Saturday, September 17, is California Coastal Commission Coastal Cleanup Day. He stated that more information is available online at www.newportbeach.surfrider.org. Volume 60 - Page 245 City of Newport Beach City Council Minutes September 13, 2011 Kelly Sawyer expressed opposition to the I Heart Puppies store in Corona del Mar. Brita Wilde recommended that Council adopt an ordinance banning the retail sale of live animals in Newport Beach. Brenda Calvillo, representing Animal Protection & Rescue League of Orange County, recommended adopting an ordinance banning the retail sale of cats and dogs in Newport Beach. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that she attended a League of California Cities (LCC) meeting where she voted to support the filing of. an amicus brief opposing the State of California's Redevelopment Agency legislation. Council Member Curry reported that he attended the Finance Committee meeting on Monday, September 12, and stated that the City's financial reserve funds are collectively at their highest point in the City's history at approximately $92 mi113o'r Council Member Selich reported that he attended'the kickoff meeting of the West Newport Citizens Advisory Panel (CAP) on Wednesday, August 24, µ•here Pacific Coast Highway and Balboa Boulevard landscaping project concepts were discussed. Council Member Hill reported that he attended the first meeting of the Corona del Mar CAP on Wednesday, August 31, where they discussed the'Vision Plan that_`was created several years ago by the Corona del Mar Chamber of Commerce. He also< reported attending the Lido Village CAP meeting where they discussed the design standards for -the existing City Hall site, Lido Plaza, and Lido Village. Council Member Rosansky reported that he attended the wrap -up meeting of the West Newport Fourth of July Committee on Wednesday, August P5, where he received a check made out to the City of Newport Beach for $5,000 from ,:an-anonymous donor for next year's Fourth of July celebration. Mayor Pro Tern- Gardner reported that she' attended the Coastal Car Classic in Big Corona on Sunday, September 11, where she chose the winning car. She also reported attending the Tidelands Management Committee meeting where they received a presentation on San Diego Creek and sediment loads. Mayor Henn ireported that he attended a Neighborhood Revitalization Committee meeting on Thursday, August 11, where they reviewed the progress of the various Citizens Advisory Panels. He reported attending the first meeting of the Santa Ana Heights CAP on Wednesday, August 17, and the Balboa Village CAP meeting on Wednesday, August 23. XVI. PUBLIC HEARINGS 22. WHITACRE RESIDENCE APPEAL (PA2010 -105) - 101 15TH STREET - THE APPLICANT PROPOSES AN ADDITION TO THE EXISTING RESIDENCE AND THE ADDITION OF A NEW DWELLING UNIT ABOVE THE COMMERCIAL STRUCTURES - FOUR -CAR PARKING IS PROPOSED TO SATISFY THE RESIDENTIAL PARKING REQUIREMENTS. [100 -2011] Assistant Planner Nueno provided a brief overview of the staff report and stated that the architect and property owner were in attendance to answer any questions. Volume 60 - Page 246 City of Newport Beach City Council Minutes September 13, 2011 In response to Council questions, Assistant Planner Nueno discussed the estimated cost of demolishing and rebuilding the existing non - conforming structure ($860,000) versus the cost of the proposed alteration project ($550,000). She also discussed the 75% maximum alteration limitation, abutting residential properties, the Conditions of Approval regarding trash storage, and the lot merger. Community Development Director Brandt discussed structural integrity evaluation. Council Member Hill provided his concerns regarding the limitations on cost and the setback encroachments. In response to Mayor Henn's question, Assistant Planner Nueno confirmed that all trash will be stored and covered within the confines of the property and "not on the public street, confirmed that the project would not allow the existing commercial space to be expanded, and confirmed that staff reviewed and accepted the official report of structural integrity by a certified structural engineer. Council Member Curry commented on non - conforming structures and non - conforming uses, and opined that it often boils down to value judgments regarding what's best for the community. Mayor Henn opened the public hearing:' Joe Angelo, property owner, described the planned improvements to his residence and stated that he has every intention of remaining there in, the foreseeable future. William Azzalino, architect for the property owner, addressed the concerns about the setback encroachments, liquefaction; trash storage, and termite damage. He also confirmed that the commercial portion of the properiy,idas.not being expanded. Council Member Hill and Mr. Azzalino discussed -the setback of the carport and the setback of the new second story residence. Morey Nero, adjacent property owner, urged Council to uphold the decision of the Planning Commission. Todd Schooler, architect -and, general contractor, presented a handout describing his concerns - regarding the' enforcement- of_the 75% alteration limitation and the estimated construction costs per square foot supplied-by the architect. Mayor Pro Tem Gardner and Mr. Scheeler discussed what salient facts the City Council should consider in evaluating the•project. Marrette Kunti expressed concerns regarding the lack of adequate parking spaces in the immediate vicinity. Max Liskin ;expressed concern regarding potential expanded commercial utilization of the property in the future and its potential effect on traffic congestion in the area. Mr. Azzalino reaffirmed that they have no intention of demolishing the existing commercial buildings and will modify them only to the extent necessary to achieve the desired improvements. In response to Council questions, Mr. Azzalino discussed seismic retrofits as they apply to older buildings and how he arrived at his estimated costs per square foot for residential and commercial construction. Hearing no further testimony, Mayor Henn closed the public hearing. Mayor Pro Tern Gardner and Assistant Planner Nueno discussed the 12 -month period associated with the 75% alteration limitation under the previous code. Regarding Condition of Approval No. 22, Assistant Planner Nueno indicated that it can be removed. Volume 60 - Page 247 City of Newport Beach City Council Minutes September 13, 2011 Council Member Selich and Mayor Henn discussed the rationale for the 1997 limitation of 75% for alternations to non - conforming structures. Council Member Hill and Assistant Planner Nueno discussed the applicability of the current Fire Codes to the construction of the new residential additions and Assistant Planner Nueno noted that the current Fire Codes will apply. Mayor Henn provided his reason for supporting the project and added that the main objections have been mitigated. Motion by Mayor Henn, seconded by Council Member Curr. .-V to reverse the decision of the Planning Commission and adopt Resolution No. 2011 -90' approving Use Permit No. UP2010 -021 and Modification Permit No. MD2010 -027. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Noes: Council Member Hill, Council Member?Rosansk`y' 23. MONROVIA AVENUE AMENDMENTB:'�_ 1537 MONROVIA AVENUE ,(PA2011 -082) AND 1539 MONROVIA AVENUE (PA2011 -105) - AMENDMENTS TO THE GENERAL PLAN AND ZONING MAP TO CHANGE THE, DESIGNATION OF THE SUBJECT PROPERTIES FROM MULTI -UNIT RESIDENTIAL (RM 2420) TO GENERAL INDUSTRIAL (IG .50 FAR). [100 - 201 -11. Council Member Rosansky recused himself, since he` has interest in real property located within 500 feet of the subject property and- left'the dais. Mayor Henn opened `Ehe public hearing. Hearing no testimony, he closed the public hearing:. Motion by 1Vlauor Fro Tem Gardner, seconded by Uouncil Member Curry to a) adopt Resolution'No.' .2011- 91.approving .General Plan Amendment No. GP2011 -005; b) adopt Resolution No. 2011 -92 approv -ng General Plan Amendment No. GP2011 -006; and c) introduce Ordinance N6.,2011 -23 approving Code Amendment No. CA2011 -008 and Code Amendment No. CA2011 -009, and pass to second reading for adoption on September 27, '2011. The motion carried by'the following roll call vote Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member I Curry, Council Member Daigle 24. COMMUNITY ;DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR 2010- 2011, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER). 1100 -20111 Clint Whited, Senior Associate of LDM Associates, Inc., provided a staff report. In response to Council Member Daigle's question, Mr. Whited stated that the funding for Federal Block Grants is expected to remain level in 2012. Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Hill, seconded by Mayor Pro Tem Gardner to a) approve Volume 60 - Page 248 City of Newport Beach City Council Minutes September 13, 2011 the Program Year 2010 -2011 CAPER; and b) direct the City manager or his designee to submit the Program Year 2010 -2011 CAPER to HUD. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Absent: Council Member Rosansky XVII. CURRENT BUSINESS 25. REQUEST TO CONSTRUCT NON - STANDARD, PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD - ENCROACHMENT PERMIT N2011 -0190. [100 -20111 Public Works Director Badum provided the history-of the request and stated that staff recommends that Council approve the encroachment permit. Mayor Pro Tem Gardner spoke in support gf the request Council Member Selich and Public Works Director Badum discussed the £act that previous objections to the request in 2006 have been mitigated. Lawrence Tebak, property owner., thanked Council. for considering his application. Mr. Tebak and Public Works Director Badum °agreed to work together to ensure that there is no net gain in the use of public right -of -way as a result of the request. Council Member Hill spoke in support of the request. Motion by Mavor Pro ' Tem Gardner, r seconded by Council Member Selich to approve the following: reconstruction of private retaining wall to eliminate the angle point provided that the. retaining wall is moved'forward toward the residence to ensure no net loss of public area occurs due to -the realignment; addition of a tan colored stucco finish to the retaining -wall: installation bf landscaping and irrigation on the City slope in front of the site between'the retaining wall and Ocean-Boulevard. Landscaping and irrigation plans shall be approved by the 'Public Works Department and Municipal Operations Department prior to /installation; replacement o£ the driveway in front of the site with stamped concrete; ,installation of an above ground "gas meter with two concrete pipe bollards; installation of a below ground Edison' tluee -phase transformer vault; and requiring an encroachment agreement for all non - standard private improvements within the public right -of -way. The motiomcarried by the following roll call vote: Ayes: Council 'liember Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 26. MARINA PARK, CONTRACT NO. 3897 - AUTHORIZE EXECUTION OF COMPROMISE TITLE SETTLEMENT AND LAND EXCHANGE AGREEMENT. [381100 -2011] Deputy Public Works Director Webb provided a brief overview of the staff report. Council Member Daigle and Mayor Henn congratulated Deputy Public Works Director Webb and staff for their efforts. Volume 60 - Page 249 City of Newport Beach City Council Minutes September 13, 2011 Jim Mosher noted that the cost of the interim lease is not specified in the staff report. Motion by Council Member Curry, seconded by Council Member Rosanskv to approve and authorize the Mayor to execute an agreement in substantially the same form as the Agreement presented in the staff report with the California State Lands Commission to permanently fix and establish the location of the boundary line between State sovereign lands and uplands by the Agreement as the Agreed Boundary Line (this Agreed Boundary Line will represent the common boundary between sovereign lands of the State and City owned uplands within the subject property). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council' Member Rosansky, Mayor Pro Tem. Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - Adjourned at 9:30 p.m. in memory of Fort Bragg Council Member Jere Melo The agenda for the Regular Meeting was City Hall Bulletin Board located outsid e Building. City Clerk posted on September 8, 2011, at 4:00 p.m. on the of the City of Newport Beach Administration Recording Secretary Mayor Volume 60 - Page 250