HomeMy WebLinkAbout01 - February 14, 2012 Draft MinutesAgenda Item #1
February 28, .2012
City Council Minutes
City Council Study Session
February 14, 2012 — 3:30 p.m.
I.
II.
III.
ROLL CALL - 2:00 p.m.
Present: Council Member Hill, Mayor Pro Tem Curry, Mayor
Excused: Council Member Rosansky, Council Member Henn, 1
Council Member Henn arrived at 2:03 p.m. r'v'
PUBLIC COMMENTS /r
Jim Mosher reminded Council that the public should'kbe allo'�
that having Item C (Conference with Labor Negotiators) o
taxpayers, referenced the California Constitution stating that
complete authority over the compensation paid to employe s.
not demand secrecy in negotiations with etployees, opined
voice their concerns to Council in a pubhc'forum,;spoke in
pensions or reducing their salaries so that the\City can do,th
about U.S. District Court Case No. CV85 -1542 r'eeardine tliie ,
Council Member Selich
ember Daigle
wed five (5) minutes to speak. He believed
n the Closed Session Agenda omits City
voters of a charter city have absolute and
noted that the Ralph M. Brown Act does
ii� would be better to allow employees to
favor of employees saving for their own
e saving for them, and expressed concern
ohn Wayue Settlement Agreement.
In response to Mayor Pro Tem. Curry's question, Mr..M16sher affirmed he had no part in the negotiations
but expressed his right to public coi'nment.
�\
t':
Council Member Selibh\reque'sted and received permission from Mayor Gardner to be
excused from the meetingbetaveen,2:30 p.m. and 4:00 p.m.
The meeting adjourried`at 2:06 p.m. into Cloged'Session.
CLOSED'-SESSION �t
A. CONFERENCE WITH LEGAL ; COUNSEL - EXISTING LITIGATION (Government
Code a §54956.9(a)): Two matters:
1. Chr'-istian Ben!ard v City of Newport Beach, et al.
Orange,,County'Superior Court Case No. 30-2011-00456286
2. Paul M¢.th's v City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011- 00477924
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION
OF LITIGATION (Government Code § 54956.9(c)): One matter
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City
Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and
Negotiator
Volume 60 - Page 363
City of Newport Beach
City Council Study Session
February 14;2012 .
Employee Organizations: All Labor Associations: 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); City Employees
Association (NBCEA); Newport Beach Professional & Technical Employees Association
(NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit
(UPEC, Local 777)
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code.§ 54957)
ij
Title: City Clerk
IV. ROLL CALL - 3:30 p.m. l
Present: Council Member Hill, Mayor Pro Tem Curry, Mayor hardner, Council Member Henn
Excused: Council Member Rosansky, Council Member Seh9h Council Member Daigle
City Attorney Harp reported that there were no reportable actions taken ",
V. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Hill reported tliav-,he requested an- amendment to the January 24, 2012
regular meeting minutes. Community - Development Director Brandt reported that the changes
were made and copies were distributed. `•
In response to Council Member Henn's,tq
Agreement Between the_ rvine Ranch V
County Sanitation,bistrict and the Cit
the reason why � the City isfsignatory on
the City as a signatory and the new a€
discharging water `into the, San Diego
Therefore, the.City is`askmg tol d-ja sign
Regarding Item N
4301), Council Me
recommendations
excess funding.
2. AMENDMENTS
RECOVERY OF
Street
the'h
�!J
ion regardiugJtem No. 7 (Recycled Water Intertie
'_District, Orange County Water District, Orange
ltilities General Manager Murdoch reported that
agreement is because the original agreement had
lent includes a phrase that restricts IRWD from
ek which would end up in the Newport Bay.
,to the agreement.
th Landscape Improvements — Award of Contract No.
that staff consider the Citizens Advisory. Panel (CAP)
tpe and features to Bristol Avenue South if there is
TO LTHE FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS/
ENFORCEMENT COSTS AND ENHANCED CODE ENFORCEMENT
Code Enforcement Supervisor Cosylion provided a PowerPoint presentation regarding potential
amendments to 'in the Newport Beach Municipal Code Chapter 1.05 pertaining to
administrative citation programs for violations. He provided the goal and philosophy of the
Code Enforcement Division, presented highlights of the recommended amendments, added that
the Division works with the public to ensure compliance with the law, addressed the current
and proposed administrative citation fine schedule, discussed standardizing the process as to
who receives what level of fine, expressed the importance of having an appeals process, and
addressed cost recovery.
In response to Council Member Henn's question, City Attorney Harp stated that the Code
Enforcement Division can track the time that the City is spending on violators who don't
conform to City law, noted that cost recovery efforts would only apply to specific violations, and
Volume 60 - Page 364
City of Newport Beach
City Council Study Session
February 14, 2012
suggested that the City only seek the recovery of administrative costs.
Council Members Rosansky and Selich arrived at 3:49 p.m.
Code Enforcement Supervisor Cosylion provided the criteria for assessing civil penalties
assessed in addition to administrative fines, addressed notices, and stated that the emphasis is
to focus on voluntary compliance. Council Member Henn stated that the recovery fee is not
focused on certain uses. Mayor Pro Tem Curry suggested that staff work with the Chamber of
Commerce and the Restaurant Association. Council Member Selich suggested that cost
recovery be reserved for the most serious violations.
George ,Schroeder discussed repeat violators, believed that; the ordinance will make non-
compliant business owners aware of consequences, and expressed support for the development
of an ordinance. /f
Jack Gleason, representing the 28th Street Marina Association expressed support for the
development of an ordinance, thanked the Code Enforcement Divisio for working with them,
addressed existing operators who have conditio6 of appeoval but are nol`aIdhering to them, and
noted the importance of complying, r %
City Manager Kiff introduced. the new Fire Chief`Scott, Poster who expressed his appreciation
for being selected and highlighted qualifications antl,experience.
3. KEEPING OF CHICKENS IN SINGLE- FAMILY RESIDENTIAL ZONING DISTRICTS.
[100 -2012] \;�,_,
Community Development Director Brandt providedC� Power Point presentation. that addressed
the current regulations and standards +where chickens are`�permitted. She noted that they are
permitted in areas that are zoned residential- agricult re, addressed specific development
standards relative,;to a m�nrmum lot size of 15,000 square feet, addressed the pros and cons
related to having chickens in residential areas, noted that staff supports the current
regulations, and`presente&options available�to Council for consideration.
In response to Council questions, - Community Development Director Brandt believed that the
-•-
basis -for esfablishing the minimum lot'size is typically a distance requirements, noted that
Hom'eowners' Association CG &R's may preclude the residents the ability to keep chickens, and
explained combined loks would still require a minimum lot size of 15,000 square feet.
Animal Control Officer:, Schomburg reported that within the last year they've had twelve (12)
�'r chickens in the(
calls for east side of the City, and noted most people get rid of them willingly
because they are high maintenance.
�l\ ;!
Maggie McFarland stated that she has a neighbor who keeps chickens and listed problems she
has encountered_.--
Lorenza Robbins, 'neighbor. of the Golden Rod Six, reported that she and her daughter love
chickens and that they add enjoyment to the neighborhood.
Mike Resk reported that he is a member of the Golden Rod Six, noted that chickens brings
enjoyment to him and others, listed the advantages of keeping chickens, expressed appreciation
for the public support of the Golden Rod Six, suggested the possibility of finding a suitable
venue for the Golden Rod Six, and thanked Council for considering the issue.
Jim Mosher noted the current standard relative to keeping hens and wondered how it can be
determined when the chicks are weaned.
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City of Newport Beach
City Council Study Session
February 14, 2012
VI.
VII.
Mayor Gardner noted that this isn't about the Golden Rod Six but rather the City's policy on
chickens and asked if any Council Member would be inclined to expand the ordinance to "any
15,000 square foot lot" and there was no affirmation. She noted that the sense of the Council is
to leave the ordinance as it is and reported that there was an offer to relocate the chickens to a
winery.
City Manager Kiff reported that staff will begin Code Enforcement actions to relocate the
chickens.
PUBLIC COMMENTS
Jim Mosher suggested that Council consider changing the name of Avocado Street, north of Pacific
Coast Highway, to Civic Center Drive.
ADJOURNMENT -The City Council adjourned back into.rClosed Session at 4:34 p.m.
The agenda for the Regular Meeting was posted on F. r 9, 2012, at-4:20 p.m. on the City
Hall Bulletin Board located outside of the City of,Newpo, ' each Administration Building.
Volume 60 - Page 366
City Council Minutes
City Council Regular Meeting
February 14, 2012 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m r�
II. CLOSED SESSION - 2:00 p.m. and 5:30 p.m.
Council Member Daigle arrived at 6:00 p.m.
A. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION (Government
Code § 54956.9(a)): Two matters:
1. Christian Benard v City of Newport Beach, et al. `S\
Orange County Superior Court Case Nt��,�3,0- 2011 - 00456286
2. Paul Matheis v City of Newport Beach, "!,al.
Orange County Superior Court Case No. 30- 201'1- 00477924
B. \ "
CONFERENCE WITH LEGAL COUNSEL " - •ANTICIPATED LITIGATION - INITIATION
OF LITIGATION (Government Code § 549564(c)).`One`matter
C. CONFERENCE WITH ,LABOR NEGOTIATORS (Government Code § 54957.6):
1', z
Agency Designated Representatives: nave Mff, City Manager; Dana Smith, Assistant City
Manager; Terri,Cassidy, Human Resources,Director; and Richard Kreisler, Special Counsel and
Negotiator
Vrganazations: All`Lah-or,As'soUations: Association of Newport Beach Ocean
(ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire
t Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police
t Association (PMA); Police Employees' Association (PEA); City Employees
(NBCEA);i `Newport ;Beach Professional & Technical Employees Association
Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit
it 777)
D. PUBLIC EM,P.LOYEE,iPERFORMANCE EVALUATION (Government Code § 54957):
Title: City Clerk,,,./'
lerk ,. f
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
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City of Newport Beach
City Council Minutes
February 14, 2012
VII.
VIII.
IX.
X.
XI.
XII.
City Attorney Harp announced that there were no reportable actions taken.
PLEDGE OF ALLEGIANCE - Council Member Hill
INVOCATION - Mayor Pro Tern Curry
PRESENTATIONS - None
NOTICE TO THE PUBLIC
DISCUSSION ITEM)
Council Member Daigle requested that OCTA be present upon - consideration of the 19th Street Bridge
at the February 28, 2012 Council meeting. In addition, she'�requested that staff present a report that
identifies the pros and cons of the project and directed stafftto notify the City`Managers from the Cities
of Costa Mesa and Huntington Beach when the item is heard.
Council Member Henn announced that the 1
4:00 p.m, at the Oasis Senior Center, the Ne:
February 16, 2012 at 4:00 p.m. in the Council
Advisory Panel will be at 4:00 p.m. on Febri
members of the public to attend and proviie'
project, he announced that it will be esp.
navigability, and clean up more sediment. H'e
additional $2 million for the project and requE
consider expanding the City's contribution to t
governmental agencies and addre sed other dr
nds Committee will meet on February 15, 2012 at
rtiood,ltevitalization Committee meeting will be on
nbers and a meeting of the Balboa Village Citizens
21, 2012��at the Nautical Museum. He encouraged
input. Re
gaitding the Lower Newport Bay dredging
i- ,,which will take off the "high spots ", improve
ited,that the Fed`ral Government has allocated an
that stsfficome back at the next Council meeting to
reject% "since the entire project will be fully funded by
�g- opportunities available for private donations.
Council Member Hill requested a staff update�on the implementation of improvements on Irvine
Avenue near the high school.
Mayor Pro Tem Curry expre's'sed a - H`appy,_Valentine's Day to everyone, indicated that there are
ordinances developed,-b other ctie
is regulating cess to public parks by sex offenders, and directed
staff to repf "rt whether sixi h an ord n_ ance would be valuable to Newport Beach at the next Study
Session meeting. �.
Mayor Gardner.presented the LEED certification for the Oasis Senior Center building, announced that
special event`grant applications4' re due February 15, 2012 by 5:00 p.m., and reported that the City will
pay for the extratpolice coverage;for the President's visit.
A.
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. RESOLUTIONS FOR ADOPTION
3. APPROVAL OF THE FISCAL YEAR 2011 URBAN AREA SECURITY
INITIATIVE GRANT PROGRAM TRANSFER AGREEMENT AND TRAINING
FUNDS. [100 -2012] a) Adopt Resolution No. 2012 -14 approving the Transfer
Agreement and authorizing the City Manager and the Emergency Services Coordinator
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City of Newport Beach
City Council Minutes
February 14, 2012
to act as the "Authorized Agents" to execute for, and on behalf o£, the City any actions
necessary to implement the Transfer Agreement and obtain federal financial assistance
provided by the Federal Department of Homeland Security and sub - granted though the
California Emergency Management Agency; b) accept the 2011 UASI Grant Fund
Training Allocation in the amount of .$70,014 to be utilized for reimbursement of
training of costs associated with approved Department of Homeland Security (DHS)
courses for emergency response personnel. The City of Santa Ana UASI has divided up
the training allocation between the Fire and Police Departments. The amount of
$31,519 has been designated for City of Newport Beach -s (City) Fire Department
personnel and $38,495 for the City's Police Departmentlipersonnel; and c) approve
i
Budget Amendment No. 12BA -026 increasing revenue.;estimates by $31,519 in 2355 -
486D and by $34,495 in 1820 -486D, and increasin €fexpenditure appropriations by
$31,519 in 7014- C8002028 and by $38,495 in 7014-,68602029.
4. ADOPT RESOLUTION TO PROHIBIT SKATEBOARDING ON GRAND CANAL
WALKWAYS. [100 -20121 a) Rescind Resolution No. 2002 -13. and b) adopt Resolution
No. 2012 -15 prohibiting skateboarding of certain streets, side�r lks, parks, and public
areas. 4 -� II
C. ORDINANCES FOR ADOPTION
L]
6. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH
COUNTRY CLUB, INC. P1,600 EAST COAST. HIGHWAY C -5045. [381100 -20121 a)
Conduct second reading \arid -adopt Ordinance No. 2012 -4 approving Planned
Community Development Plan "Nod P.C2008- OOl�.to increase the size of the golf
clubhouse from 35,000 to 56,000 gross square feet; aid b) conduct second reading and
adopt Ordinance No. 2012 -5 approving -- Development; Agreement No. DA2010 -005.
[also refer to, Tdtion for Recoiasideration] '-J
Mayor Gardner noted No on th' .4 item.
7. RE. CYCLED` WATER`'- INTERTIE% AGREEMENT' .BETWEEN THE IRVINE
, � AANCH- WATER\ DISTRICT` a(IRWD), THE ORANGE COUNTY WATER
„= DISTRICT (OCWD); >THE ORANGE COUNTY SANITATION DISTRICT (OCSD),
AND THE CITY OF-NEWPORT BEACH (C- 5065). [381100 -20121 Authorize the
City Manager to int``an agreement between IRWD, OCWD, OCSD and the City.
8. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS - AWARD OF
CONTRACT NO. 4301. [381100 -20121 a) Approve the project drawings and
l ) award Contract No. 4301 to Green Giant Landscape, Inc. for the total
specifications;;
bid price of; 305,460.00, and authorize the Mayor and City Clerk to execute the
contract;,,&bstablish a contingency of $30,540.00 (approximately 10 percent) to cover
the cost of unforeseen work; and d) approve Budget Amendment No. 12BA -027
recognizing $316,900.00 in federal grant money from the Transportation Enhancement
(TE) funding to Account No. 250 -4880 and appropriating $316,900.00 to Account No.
7251- C2002008.
E. MISCELLANEOUS
10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING
AGENDAS FOR FEBRUARY 9, 2012. [100 -20121 Receive and file.
11. REQUEST TO RETAIN AND CONSTRUCT PRIVATE IMPROVEMENTS IN
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City of Newport Beach
City Council Minutes
February 14, 2012
THE PUBLIC RIGHT -OF -WAY AT 211 EVENING CANYON ROAD. 1100 -20121
a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to
allow planter walls to encroach up to 4 feet 7 inches at 211 Evening Canyon Road,
contingent upon all conditions of the Encroachment Permit process being met; and b)
direct staff to amend the existing Encroachment Agreement, O.R. 86- 399874, to reflect
the proposed improvements, and authorize the City Manager to execute the amended
Encroachment Agreement.
12. UNSCHEDULED VACANCIES ON THE AVIATION COMMITTEE. [100 -20121
a) Declare the following seats vacant: Dan Gilliland - District 1 seat; Henry Arjad -
District 1 alternative; Sue Hogan - District 3 alternate;,Bonine O'Neil - District 4 seat;
and Ron Darling - District 4 alternate; and' b) direct the City Clerk to post and publish
a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on
Wednesday, February 29, 2012, and schedule confirmation of nominees to be made on
March 13, 2012.
\~
13. NOMINATIONS TO FILL THE VACANCIES ON THE' CITIZENS BICYCLE
SAFETY COMMITTEE. [100 -2014 Confirm the following nominations to fill the
unscheduled vacancies on the Citizens Bicycle Safety Committee: Michael Alti, Sandra
Asper,, Lou Cohen, Errett Cord, BarBa ,,Danzi, Greg George, David Huntsman, Robert
Kahn, Denis LaBonge, Sean Matsler rancis Peters, Anthony Petros, and John
Tzinberg. \a
Mayor Gardner announce; that John Heffernan removed his name from
consideration for appointment.',--,
Consent Calendar except for
Gardner on (Item 6) and the
Committee (Item 13).
r!�
The motion carried by the fol]
Ayes: Council Menibeij1ill, C
Member 5e`lich, Counci;
�1r \
XIII. IY S,REMOVED FROM
1. MINUTES FOR T
SESSION AND RE(
Laura Curran reques
to include thatsshe
enforcement of tl e-,ir
in Corona del Mar)-1
eccvnueu nv vuuncii iuem oti oer tcosanskv to approve the
a removed'(I, 5,9 and S21) and nng the No vote by Mayor
of John Heffernan as a nominee to the Citizens Bicycle Safety
call vote:
Aber -R sansky I Mayor Pro Tem. Curry, Mayor Gardner, Council
Henn, Council Member Daigle
ECIAL MEETING OF JANUARY 23, 2012 AND STUDY
MEETINGS OF JANUARY 24, 2012. [100-20121
that the Special Meeting minutes from January 23, 2012 be amended
uested that Council move forward with the implementation and
•al facilities ordinance on all integral facilities, including the facilities
Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to waive reading
of subject minutes, approve as amended, and order filed.
The 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, Council Member Daigle
NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600
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City of Newport Beach
City Council Minutes
February 14, 2012
AND 1602 EAST COAST HIGHWAY C -5068. [381100 -20121
Tim Paone; representing Golf Realty Fund, requested that the item be continued to the
February 28, 2012, City Council meeting.
Council Member Selich requested and received confirmation from City Attorney Harp that the
continuance will not hinder the Newport Beach Country Club from moving for
Motion by Council Member Selich seconded by Mayor Pro Tern Curry to continue the
item to the February 28, 2012 City Council meeting.
The motion carried by the following roll call vote: r =�
Ayes: Council Member Hill, Council.Member Rosansky, Mayo iPro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council M,en lber Daigle
9. AGREEMENT WITH MAXIMUS CONSULTING SERVICES, INC. TO FILE STATE
MANDATE REIMBURSEMENT CLAIMS (C-4301). [381100 -20121
Jim Mosher expressed opposition to the agreement stating that he did not regard this action as
good stewardship of the public trust, stated 4hat ,/the contract was signed in 1998 with no
indication that it was reviewed by the City Attorney nor filed by the City Clerk, and believed
that the City should pay more attention to contracts to.follow Charter policy.
S21.
the Mayor and City Clerk to execute a Pro
substantially the same form as attached to t
State Mandate reimbursement claims for July
2010 through June 30 2(31,1, and to also file
Reimbursement Process claim; and b) waive
engage M
proposals.
The motions,
AyeT- Council
%� Council
services on
ea av uounell Member Henn to a) authorize
fess_ional Ser`-iC s Agreement with Maximus in
he "st.fffreport' authorizing Maximus to file the
U-2009-through June 30, 2010, and for July 1,
acclaim for 2012 related to the City's Mandatory
Council Policy F -14, and authorize the City to
;le Source basis without obtaining competitive
nber Hill' ;council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
abbr Selich- Council Member Henn, Council Member Daigle
No. \`,2012- 20'AMENDING THE SPECIAL EVENTS ADVISORY
;SEAC} MEMBERSHIP, TERM, AND DUTIES. [100 -20121
Jim Mosl er.helieved that Council does not follow procedure for establishing Committees as
listed in the \City Charter and instead proceeds by resolution. He asked why the members of
SEAC do not have to, be residents of the City and believed that everyone in that Committee
should not be a professional in the event promotion business, but rather general citizens.
City Attorney Harp indicated that Mr. Mosher is confusing the differences between
Commissions and Committees and noted that the reason the Charter does not apply to SEAC is
because it is a Committee.
Motion by Council Member Henn seconded by Mayor Pro Tern Curry to adopt
Resolution No. 2012 -20 amending SEAC's membership, term, and duties. .
The motion carried by the following roll call vote:
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City bf Newport Beach
City Council Minutes
February 14, 2012
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich; Council Member Henn, Council Member Daigle
XIV. PUBLIC COMMENTS
Jim Mosher commented on bed taxes, the Tourism Business Improvement District (TBID), and
dedication of the bed taxes to Visit Newport Beach (VNB). He stated that the TBID meetings need to
be open and public, referenced problems encountered by an audit of Visit Newport Beach, reported his
attempt to attend the meeting but was told it was not open to the public, and expressed disappointment
by the City's response to the matter.
City Attorney Harp believed that Mr. Mosher may be confused on the5matter, stating that the Brown
Act does not apply when VNB is meeting for purposes not related. -to the TBID process. City Attorney
Harp indicated that the notice previously posted at City Hall for,tl1/ VNB meeting that was not related
to the TBID was a mistake which has been corrected.
Max Liskin expressed appreciation ppreciation to Council regarding the bay dredging project offered to participate
in funding, and encouraged others to do so as well. ,HI addressed recent repor`ta alleging conflicts of
interest with Council people, stated that Members of the council are in very precarious positions,
expressed support for all the efforts Council has: put=into the process, and acknowledged the
contributions made by each of them.
Denise Oberman commented on Council's plan to make an adjournment at the end of the meeting in
memory of Dolores Otting stating that Dolores;dxhibited an unwavering and passionate commitment to
civic affairs and attempted to always pr�mofe ..transparency and accountability. She expressed
appreciation to Council's recognition and encouraged members of the, community to participate and
have a voice:' ! •__ ', i .
Mayor Gardner requested
order.
Motion by Council Membi
(Santa Barbara Condominium
The motion carriefl'by'the'follq
Ayes: Council Member Hill, G
Meii ber Selich, Council
XVIII. CURRENT BUSINESS
19. SANTA BARBARA
PLAN AND'?MEMO
DRIVE (PA201i2 =012
Item 19
A
call vote ...
Barbara
be taken out of
to consider Item 19
mcil Me,'mber Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council
iember Aeon, Council Member Daigle
1f
JNDOMINIUMS: AFFORDABLE HOUSING IMPLEMENTATION
ANDUM OF AGREEMENT (C -5066) - 900 NEWPORT CENTER
[381100 -20121
item to the February 28, 2012 City Council meeting.
The motion carried by the following roll call vote:
to continue the
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that one of Council's priorities is to minimize the adverse impacts of
John Wayne Airport (JWA) through implementation of the City's airport policy. She reported that the
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City Council Minutes
February 14, 2012
MAN
City's Aviation Committee meets the fourth Monday of every month at 8:00 a.m, in the Friends Room at
the Library and encouraged the public to attend. She noted that at the last meeting the Committee
was briefed on the departure path. She also reported that as part of the ongoing operations update, the
City, County, and JWA will be meeting with the FAA on February 22, 2012, added that the JWA
reported its latest operations statistics which disclosed that 8.6 million passengers were served by JWA
in 2011, and reported that the City has begun to move forward with discussions to extend the JWA
Settlement Agreement which expires December 21, 2015.
Mayor Pro Tem Curry reported that the Finance Committee met February 13, 2012 to see a preview of
the quarterly report which will be in a subsequent agenda.
rr
PUBLIC HEARINGS
14. DR. MORGAN PROPERTY AMENDMENTS (PA2011`-4138) - 1419 SUPERIOR -
GENERAL PLAN AMENDMENT NO. GP2011- 007;QAND ZONING CODE AMENDMENT
NO. CA2011 -010. TO CHANGE THE LAND USE DESIGNATION OF MULTIPLE
RESIDENTIAL (RM 18 DU /AC) TO MEDICAL. COMMERCIAt\OfFICE (CO -M 0.49
FAR); AND CHANGE THE ZONING DISTRICTfllESIGNATION\FROM MULTIPLE
RESIDENTIAL (RM 2420) TO OFFICE MEDICAL "•(OM 0.49). [100 - 20121,\
Assistant Planner Kay Sims presented details,of. the report addressing the ]ocation, zoning,
existing conditions, and use. She addressed a_`summary of changes to date,. provided
recommendation by the Planning Commission, and�51,ddressed the location of parking. She
reported that Dr. Morgan has pro-.ided-a, signed covenant and agreement to hold the three
properties as a single parcel that will'be recorded with the'( %ounty of Orange prior to the second
reading of the ordinance and stated that
.1 ennis-O!Neil, representing Dr. Morgan, is in the
audience to answer any. questions from 'Council.
Council Member Rosansky reported that herecommended Dr. Morgan submit a request for the
amendment and expressed ,support for theFtem.
o ..ucu o i ouncii inemner Hill to a) adopt
Resolution No. 201216 appioving•General Plan Amendment No. GP2011 -007; and b) introduce
Ordinance-No: 2012'•7' p "' —1-1 - -ode- Amendment No. CA2011 -010, and pass to a second
readingloI adoptio6 on February 28, 2012:- -'
Mayor Gardner opened the public hearing.
Jim Mosher noted this is one of three similar hearings dealing with non - conformance problems
and stated that the current process is wasteful,'expensive, and would be better served by the
City's abasement process'
. tip.,• r.
Dennis O'Neil, representing Dr. Morgan, addressed Council noting his client did consider the
possibility of obtain iig an abatement extension, but believed it would be better to request an
amendment. _
Hearing no further testimony, Mayor Gardner closed the public hearing.
The 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, Council Member Daigle
15. SCAP III, LLC PROPERTY AMENDMENTS (PA2011 -196) - 514 E. OCEANFRONT (AKA
101 -07 PALM STREET) - GENERAL PLAN AMENDMENT NO. GP2011 -009, LOCAL
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February 14, 2012
COASTAL PLAN AMENDMENT NO. LC2011 -005, AND CODE AMENDMENT NO.
CA2001 -012 TO CHANGE THE DESIGNATIONS FROM TWO -UNIT RESIDENTIAL
(RT, RT -E AND R -2) TO MIXED- VERTICAL (MU -V) LAND USE DESIGNATIONS.
[100 -2012]
Assistant Planner Murillo provided a PowerPoint presentation addressing the location, existing
conditions, and uses. He added that due to the updates in the General Plan,.the property's
existing mixed use is currently deemed non - conforming. Therefore, the applicant is requesting
a General Plan Amendment and Coastal Land Use Plan designation and also requesting a
zoning amendment from R2 to MU -V. He briefly discussed recommendations provided by the
Planning Commission.
Mayor. Gardner opened the public hearing.
Terry Jones, applicant, thanked Council for the consideration.
W.R. Dildine indicated that there were four problem properties and that this is the next- to -the-
last property to be cared for. He stated that, no notice was provided to the,owners indicating
that there had been a zoning change. He refersnced�an opposition letter from�a,nearby resident
who complained that the building has been there long before the Rendezvous building was
built, and asked Council to consider the fees paid.. `..
Hearing no further testimony, Mayor Gardner closed the public hearing.
.,.
Motion by Mayor Pro Tern Currv'secon ed by Council Member Rosanskv to a) adopt
Resolution No. 2012 -17 approving General Pla i - Amendment No. GP2011 -009 and Local
Coastal Plan Amendment No. LC2011Yc05; andb')intriilnce Ordinance No. 2012 -8 approving
Code Amendment No— CA2011 -012,. an& ass_to second''reading for adoption on February 28,
2012. , � i,
The motion carried by the ipllowing roll ca 1% ote:
Ayes: Council Member Hil] Council Memberlosansky, Mayor Pro Tem Curry, Mayor Gardner,
CouricilCMember Set�ch, Counm'1`- Mem6e
1 'r'Henn, Council Member Daigle
\\ ..
16. PRESTA PROPERTY AMENDMENTS (PA2011 -179) 2888 & 2890 BAYSHORE DRIVE -
,GENERAL PLANy AMENDMENT NO. GP2011 -008, LOCAL COASTAL. PLAN
- A- NIENDMENT NO. LC2011 -`O'1, AND CODE AMENDMENT NO. CA2011 -011 TO
CHANGE THE LAND%!d SE DESIGNATIONS FOR THE TWO SUBJECT PROPERTIES.
rinn nn •n•
CommunityDevelopment Director Brandt reported that staff has almost completed all of the
review of non - conforming properties with one final public hearing to come before Council and
noted that the General Plan Amendment does not exceed any thresholds.
r
Assistant Planner Nova presented a PowerPoint that addressed the location, surrounding
properties, existing conditions, uses, and the applicant's request for a General Plan
Amendment to accommodate commercial uses. She discussed dwelling units allowed under the
mixed use designations, density changes, and noticing.
In response to Council questions, Assistant Planner Nova stated that the amendment does
allow for additional commercial floor area, discussed other possible options. Community
Development Director Brandt indicated that the General Plan Amendment provides more
flexibility for future revitalization of the project, indicated that an extension to the abatement
period encourages minimal investment into the property, and added that the General Plan
Amendment gives the ability for the property owner to re- invest in the property and possibly
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City Council Minutes
February 14, 2012
demolish or restore the buildings given that it would now be a conforming use.
Motion by Council Member Hill seconded by Council Member Rosansky to a) adopt
Resolution No. 2012 -18 approving General Plan Amendment No. UP2011 -008 and Coastal
Land Use Plan Amendment No. LC2011 -004; and b) introduce Ordinance No. 2012 -9 approving
Code Amendment No. CA2011 -011, and pass to a second reading on February 28, 2012.
In response to Council Member Selich's questions, Community Development Director Brandt
stated that the update of the General Plan is required every ten (10) years.
Mayor Gardner opened the public hearing. l
v/
Mike Hewitt, representing the property owners, thanked, Council for considering the matter
and offered to respond to questions.
Dan Purcell indicated that he attended the Planning Commission eeting when this item was
considered and expressed concerns with differences'in the presentation` `
In response to Mayor Gardner's question, As stant'Planner Nova stated that there is no new
development proposed but the land use change could accommodate future devel "oument-
Hearing no further testimony, Mayor Gardner`closed the public hearing.
The motion carried by the following rell,call vote: \ `-
Ayes: Council :Member Hill, Council Member'Ri3sansky, Mayor-- -Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member He in; Gouncif Member Daigle
XVII. CONTINUED BUSINESS
r �
17. CONSIDERATION l TO},; FURTHER `,- PURSUE STREET RELINQUISHMENT OF
PORTIONS OF. NEWPORT BOULEVARD AND /OR WEST COAST HIGHWAY FROM
THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION. [100 -2012]
i, - -- _ __ , ,
.,vu.,yu murn -ers nrul Jana tcosansky tecused themselves since they own property
within 500 -feet of West Coast Highway.-
z
Deputy Public Works`Director Webb presented details of the proposed project addressing the
I
ocation of properties, current owners, and a brief history.
Council`1Member Henn clarified that the money is offered to the City by the State to bring the
street to safe'and drivable conditions.
Deputy Public Works''Director Webb addressed the benefits to having ownership, reported on
maintenance cost ?f /discussed the Newport Channel Bridge, addressed downsides to taking
ownership, presented staff recommendations as listed in the agenda report, and addressed the
benefits of working with Caltrans.
In response to Council Member Daigle's question, Deputy Public Works Director Webb clarified
that Caltrans currently maintain the signals and roadway.
Council Member Selich believed that all of the plans will not be approved by Caltrans and
stated that not all options have been considered. He suggested breaking it down into two
segments, emphasized the importance of working with legislators to help get through to
Caltrans, and stated that different strategies should be generated.
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City of Newport Beach
City Council Minutes
February 14, 2012
Mayor Pro Tem Curry agreed with staff that this is not a good deal for the City, stated that the
project should not be pursued instead the City should explore any legislative opportunities
available to increase the price being offered to relinquish the properties, and noted that there is
still an opportunity for improving landscape, safety, and signalization.
Mayor Gardner agreed with, the previous comments and noted that she has not received any
comments from the public supporting the project.
Council Member Henn reported receiving a few emails but wondered if the portion of Coast
Highway west of the Arches Bridge has different profile and maintenance requirements than
east of the Arches Bridge. He suggested that staff continue to work on the project to see if there
is a strategy for the west segment of the bridge where there is a gateway benefit in that
section.
Jim Mosher thanked the Council for clarification
where the relinquishment ends.
Deputy Public Works Director Webb explained the
bridge and does not include the bridge overt&e.char
In response to Council Member Daigle's quest
that staff will probably need to go beyond the I
as to what they can offer.
I u__ ...r ember oeuch reported tinaf�ine Cit}
negotiate with Caltrans. �'•
Council Member
agency and woul
Deputy Public Wbrl
Caltrans would not
options ava`ilalilefor
and negotiate
Avenue to the
Road;'aiid c) direct s
division of liability for
and inquired as to
goes upto the deck of the
Public Works Director Webb stated
of Transportation as they are limited
legislators in the past to help
that legislative advocates would have different views than an
on that would better represent the people.
Webb affirmed the benefits of working with legislators, noted
leak the project into little .pieces, and stated there are other
`11 e-u" X- se(onnea ov 1;o11ner1 iylember Selich to a) continue to
mg over the ownership and operation of Newport Boulevard from
vport Channel Bridge Deck through the relinquishment process; b)
:£forts on West Coast Highway from the Santa Ana River to Jamboree
to come back to Council with additional strategies related to the
various future improvements to Council.
The motion carried by,tihe following roll call vote:
Ayes: Mayor Pro Tam' Curry, Mayor Gardner, Council Member Selich, Council Member Henn,
Council Member Daigle
18. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND
REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING
SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNICIPAL
PIERS; PUBLIC FLOATS AND PUBLIC WHARVES. (100 -2012)
Recreation and Senior Services Director Detweiler presented details of the item by addressing
recommended changes. She noted that they are requesting these changes for the public's
enjoyment, safety, maximization of facility use, high standards, and greater clarity in the
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City Council Minutes
February 14, 2012
Municipal Code. She addressed previous consideration by the Parks, Beach and Recreation
Commission and the Council in 2011, pointed out that procedures are not being changed but
rather staff is simply adding language for clarification, presented a summary of changes, and
addressed noticing and comments received from the public.
City Manager Mff utilized a PowerPoint that included recommended changes for Chapter 11.04
with a proposed pilot project. He noted,that there are two specific problematic areas where two
different meetings are held and people gather to smoke. He addressed challenges with
enforcement and made suggestions for possible resolutions by working with the meeting leaders
for permits allowing smoking at a designated area of the beach fore designated period of time
and suggested this could be a pilot program for a limited time
date. and reconsidered at a later
Council Member Rosansky indicated that he was not
groups.
In response to Council Member Daigle's
Detweiler noted. that the process is not be
public facilities, and reported that then
contract instructors. She added that ther
keeping costs down but also making it ben
George Schroeder commented on �p`rohibition
language should be more specific fortcla"rfiati
Joel Stone commented on issues at the', 38th S
that closure time should be better defined (i.e.,
Jim Mosher que
on the envirom
improvement ii
Municipal Code
;ira Curran preseri:
second -hand smok'
ffers at Corona del
eking for specific
people iii`i
they are n
that would
n.ravor orallowing a "card out" for certain
Recreation and Senior Services Director
discussed avoiding commercialization of
3ardized process when negotiating with
issues taken into consideration including
structors to be there as well.
basketball play and believed that
losure hours.
basketball play and agreed
s conclusiontthat the passage of this ordinance will have no effect
that the purpose for banning smoking is primarily to cause an
'invent. He pointed out that there is a separate chapter in the
er_ beaches, questioned staffs definition of parks, and expressed
f6r clarification r`e'lative to abandoned bicycles.
a brief background on the beach smoking ban and the negative effects
ommented on the buffer area, expressed concerns regarding specific
it and Crystal Cove, pointed out that a proposedcdedicated apace for
iups would detract from public safety, stated that it will reduce
addressed the definition of a group for the case of a permit, noted that
s can clearly dissimilate where they are allowed to smoke and where
in support of creating a simple rule that everyone could understand
s and beaches enjoyable for everyone.
Denise Oberman thanked Council and staff for looking at an enhanced ordinance, agreed that
the 100 -foot buffer zone creates significant improvement, believed that enforcement could be
successful with proper communication and signage, spoke in opposition to the City Manager
making an exception for specific groups, believed that the people involved in the groups are
uncooperative and will continue to be so, and asked Council to oppose the ordinance and craft
one that is applicable to all and can be enforced.
Lenny Morray, Manager of Cabo Cantina, opposed the new ordinance because he believed it
would not be enforced
Motion by Council Member Hill seconded by Council Member Henn to introduce
Ordinance No. 2012 -6, amending Chapter 11.04 of Title 11 of the Newport Beach Municipal
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City of Newport Beach
City Council Minutes
February 14, 2012
Code pertaining to rules and regulations for parks, park facilities and beaches, and repealing
Section 11.08.080 pertaining to smoking on City beaches, with the removal of the City
Manager's ability to allow exemptions (Section 11.04.080(B)) and amend the time for closure of
any public outdoor basketball court within 300 feet of any residentially zoned parcel to be 7:00
p.m. (Section 11.04.07(D)); and pass to second reading on February 28, 2012.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Henn,
Council Member Daigle A
Noes: Council Member Selich
Absent: Council Member Rosansky
XIX. MOTION FOR RECONSIDERATION
6. NEWPORT BEACH COUNTRY CLUB (PA2008''152) - NEWPORT BEACH COUNTRY
CLUB, INC. - 1600 EAST COAST HIGHWAY. [ ^]00 -20121 . .
City Attorney Harp asked Council to re- consic
and contemplated that the PC Text for `Ite
continuance of Item No. 5, modifications will
No. 6. He requested the Council rescind their
the ordinance to first reading.
Community Development Director Brandt r
reading, the PC Text needs to be revised to
portion of the property, not the entire proper
Motion by CounciLMember Selich sec(
vote relative to theA6cond'reading and adc
Community Devcl'opment Plan No. PC200 _1
35,000 to 56,006givss square feet.
the ,PC Text adopted in regards. to Item No. 6
No:" 5 would be adopted 'first. Due to the
:cl to be made to the PC Text "regarding Item
5ision on Item No. 6, reconsider it and change
that in•tRe ordinance that was up for second
reflect regulations pertaining to the golf club
U oy • ouncli nember Henn to rescind the
i of Ordinance No. 2012 -4 approving Planned
to increase the size of the golf clubhouse from
The motion - carried by the,•follbwing roll call vote:
Aye -Council Member `Hill \Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member ;Selich; Council Member Henn, Council Member Daigle
Motion by Council 'r Member Selich seconded by Council Member Rosansky to
introduce Ordinance I, o. 2012 -4 approving Planned Community Development Plan No.
PC200i -60.1, with the deletion of the references and regulations pertaining to Sections 3.2
(Tennis Club), 3.3 (The` Villas), and 3.4 (The Bungalows) in text and exhibits; and pass to
second reading on February 28, 2012.
The motion carried -by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
Noes: Mayor Gardner
Community Development Director Brandt stated that the PC Text can be narrowed so it only
covers a single property, not both properties.
XVIII. CURRENT BUSINESS (continued)
20. CITY COUNCIL PRIORITIES FOR 2012.
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City of Newport Beach
City Council Minutes
February 14, 2012
City Manager Kiff addressed previous direction by Council on this item and presented a list of
City Council priorities for 2012.
In response to Council Member Henn's question, Public Works Director Badum reported that
the needs assessment for the Corporate Yard should be completed later this month and
addressed the possibility of phasing the site. City Manager Kiff reported that he will send
Council a final draft of the priority list and place it on the City's website.
XIX. MOTION FOR RECONSIDERATION (continued)
Council Member Selich moved for reconsideration of Item 12 from the January 24, 2012 meeting stating
that there was a misunderstanding of the terms of the agreement.
-- - - - - -- - - 7 -- -- �..., ,ccva,ueu n rvia or rrc <.a'ema urr to a) reconsider Item 12
from the January 24, 2012 City Council Meeting relative to tb&,Corona_dehMar Coastline Car Classic
waiver of parking fees at the Big Corona State Beach parking lot; and b)�`direct staff to bring back a
report to Council at the February 28, 2012 City Council metitina. '
reconsider Item 12 from -the January 24, 2012 City 1Coun
Coastline Car Classic waiver of parking fees at the Big�o
deadline to apply for the Special Events Support Applicati
for three years; and c) direct staff to bring back a repor
Council meeting.
The amended motion carried by the following roll call Vote
Ayes: Council Member Hill, Council Member Ros
Member Selich, Council -Mej ber Henn, Coi
i.
XX. ADJOURNMENT - Adjourned at 9:33 p.m, in
The agenda for the Regular Mer'f tng was po
Hall Bulletin Board lnnntn?L r
i
�n
l
1
City Clerk
mmu my via or rro`virem Uurrj to a)
cil Meeting relative to the Corona del Mar
rona State Beach parking lot; b) extend the
m if it is determined that the contract is not
t'f0�- Council at the February 28, 2012 City
l\.
yor�Pro Tem Curry, Mayor Gardner, Council
Der Daigle
of Dolores Otting and Todd Schooler
on February 9, 2012, at 4:20 p.rn. on the City
'Newport Beach Administration Building.
Recording Secretary
Mayor
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