HomeMy WebLinkAbout05/10/2011 - Regular Meeting4, .� �, �,.
City Council Minutes
City Council Regular Meeting
May 10, 2011 — 7:00 p.m.
I. STUDY SESSION - 2:00 p.m.
II. CLOSED SESSION - 3:57 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code 6
54956.9(a)): Three matters:
1. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08-
00457 AG (PLAx)
2. Newport Coast Recovery and Yellowstone Recovery v. City of
Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx);
3. MORN v. City of Newport Beach, OCSC Case No. 30- 0211 - 00447004
B. Public Employee Performance Evaluation (Government Code S 54957(b)(1)):
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of one public
employee.
Titles: City Attorney
C. Conference with Labor Negotiators (Government Code 6 54957.6):
Agency Designated Representatives: Dave Kiff, City Manager; Terri Cassidy,
Human Resources Director
Employee Organizations: All Labor Associations: Association of Newport Beach
Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach
Fire Management Association (NBFMA); Newport Beach Firefighters' Association
(NBFA); Police Management Association (PMA); Police Employees' Association (PEA);
and Fire Management Association (FMA); City Employees Association (NBCEA);
Newport Beach Professional & Technical Employees Association (NBPTEA); Newport
Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777)
D. Conference with Real Property Negotiator (Government Code 6 54956.5):
Property: 19752 MacArthur Boulevard, Irvine, APN 445- 132 -009
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: South Coast Thrift & Loan (First California Bank)
Under Negotiation: Price and Terms of Payment
Property: 19742 MacArthur Boulevard, Irvine, APN 445.132 -011
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
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Negotiating Parties: Bates Johnson Building, Ltd.
Under Negotiation: Price and Terms of Payment
Property: 19712 MacArthur Boulevard, Irvine, APN 445 - 132 -018
City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer
Negotiating Parties: CIP Centerpoint 123, LLC
Under Negotiation: Price and Terms of Payment
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that there was no reportable action.
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - The Reverend Peter D. Hayes, Saint Michael and All Angels
Episcopal Church
IX. PRESENTATIONS
Poppy Week Proclamation - Mayor Henn read the proclamation and introduced "Miss
Poppy" Rachel Heideman and Kendall Matson, President of the American Legion Auxiliary
251. Ms. Heidemen read the poem, "In Flander's Field."
Relay for Life Proclamation - Mayor Henn read the proclamation and presented it to
Peggy Fort and the Relay for Life Committee. Ms. Fort and the leadership team were
introduced, an overview of the event's purpose was provided, and the public was invited to
participate in this year's Relay for Life on May 21 and May 22.
Presentation Regarding the Second Harvest Food Bank Annual Stamp Out Hunger
Food Drive - Ann DeMarco, volunteer, spoke regarding the hunger epidemic occuring in
Orange County and the upcoming food drive that is being held in partnership with the United
States Postal Service. Ms. Martin mentioned the website: www.feedoe.org.
Presentation Regarding the 1st Battalion 1st Marines Care Package Drive -
Krisztina Scheeff, volunteer, spoke regarding the recent deployment of the 1st Battalion 1st
Marines and stated that the Marines look forward to receiving care packages. She read
letters from seventh graders from Ensign Intermediate School and invited the public to visit
the website: www.oneonemarines.com.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)
Mayor Pro Tem Gardner announced that May is National Bike Month, invited the public to
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the Family Bike Ride on May 15, 2011 and the upcoming cyclovia, and reported on the
MODOC "California Forward" meeting.
Council Member Daigle commented on the recent OASIS volunteer recognition lunch and the
Yacht Club openings events and recognitions.
Council Member Curry commented on the Newport Beach Film Festival and the 89th
Opening of the Balboa Yacht Club, and announced that he represented the City at the grand
opening of the Black Star and Cross Jewelry Store and the art exhibit at the Old Courthouse
in Downtown Santa Ana, and discussed his budget presentation at Speak Up Newport at the
Newport Beach Yacht Club.
Council Member Selich announced the Annual Balboa Artwalk on May 15, 2011
and the Carroll Beek Center Grand Reopening on Friday, May 20, 2011.
Mayor Henn commented on the Closing Night Ceremony for the Newport Beach Film Festival
and the "Pop Goes Lido" event, the Meet the Mayor event on May 7, the upcoming Chamber of
Commerce Annual Dinner, Neighborhood Revitalization Meeting on May 12, the Tidelands
Management Committee Meeting on May 13, the Leadership Tomorrow event at the Central
Library, the Exchange Club Field of Flags event on May 20, and the Annual Relay for Life on
May 21 and May 22.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS
OF APRIL 26, 2011. [100 -2011] Waive reading of subject minutes, approve
as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
D. CONTRACTS AND AGREEMENTS
5. FINANCIAL STATEMENT AUDIT CONTRACT APPROVAL (C- 4776).
[381100 -2011] Authorize the Mayor and City Clerk to sign a contract with
Diehl, Evans & Company, LLP to perform the City's annual financial audit
for the fiscal year 2010 -11, with the option to renew the contract for another
three additional one -year terms.
6. RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP -
AWARD OF CONTRACT NO. 4555. [38 /100 -20111 a) Approve the project
plans and specifications; b) award Contract No. 4555 to Dutra Dredging
Company for the total base bid price of $3,369,555 plus $80,850 for extra
work associated with the Lido Yacht Anchorage which will be completely
funded by the Curci Companies, and authorize the Mayor and the City Clerk
to execute the contract; c) authorize the City Manager or his designee to
execute any future agreements with private parties who may seek additional
dredging along their docks. This extra work, if any, will be entirely funded by
the private party requesting the extra work; d) approve Budget Amendment
No. 11BA -042 recognizing a contribution of $80,850 from Curci Companies
and appropriating $80,850 to Account No. 7231- C4402005; and e) establish
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an amount of $517,561 (approximately 15% of base bid and extra work) to
cover the cost of unforeseen work not included in the original contract.
CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4507.
[381100 -20111 a) Accept the completed work and authorize the City Clerk to
file a Notice of Completion; b) authorize the City Clerk to release the Labor
and Materials Bond 35 days after the Notice of Completion has been recorded
in accordance with applicable portions of the Civil Code; and c) release the
Faithful Performance Bond one year after Council acceptance.
E. MISCELLANEOUS
S. PLANNING COMMISSION AGENDA FOR MAY 5, 2011. [100 -20111
Receive and file written report.
Motion by Mavor Pro Tem Gardner, seconded by Council Member Rosansky to
approve the Consent Calendar, with the exception of the Item removed (3 and 4).
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF
APPEALS; AND RESOLUTION SETTING FORTH THE MEMBERSHIP,
TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND
FIRE BOARD OF APPEALS. [100 -20111
Council Member Hill questioned the reason for amending the Building and Fire
Board of Appeals as related to membership from those representing the physically
disabled. City Manager Kiff requested that this item be continued to a future
meeting to allow for further research and to allow the new Community Development
Director to review this matter.
Motion by Council Member Hill, seconded by Council Member Rosansky to
continue this item to the June 14, 2011 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
4. ORDINANCE NO. 2011 -12 AMENDING NEWPORT BEACH MUNICIPAL
CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN
RESIDENTIAL DISTRICTS. [100 -20111
Council Member Daigle commented that she would not be supporting the ban on leaf
blowers. In response to her questions, City Manager Kiff explained the proposed
outreach and education program, and strategies for enforcement.
Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to
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conduct second reading and adopt Ordinance No. 2011 -12 amending Newport Beach
Municipal Code Title 6, Chapter 6.04 (Garbage, Refuse and Cuttings) by revising
Section 6.04.055, pertaining to gas - powered leaf blowers in residential districts.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member
Curry
Noes: Council Member Rosansky, Council Member Selich, Council Member Daigle
XIV. PUBLIC COMMENTS
Jim Mansfield, representing the Banning Ranch Conservancy, read into the record a letter
from the President of the Conservancy. The Conservancy requested to be a party in the
drafting of the restoration plan to preserve Banning Ranch as open space. He made several
inquiries related to the process prior to submission of the document to the Coastal
Commission.
Council Member Rosansky and Council Member Curry expressed concerns relative to the
lawsuit filed against the City by the Banning Ranch Conservancy related to the Sunset Ridge
Park project and questioned why the City would want help from an entity that is suing it.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Gardner spoke regarding the upcoming Coastal /Bay Water Quality
Committee and Harbor Commission joint meeting.
Council Member Curry commented on the recent budget briefing held with the Finance
Committee.
Mayor Henn noted the recent meeting of the July 4th Committee with the Police Department
and staff. He mentioned the public outreach to the homeowners associations and the
community regarding the proposed loud and unruly gathering ordinance.
XVI. PUBLIC HEARINGS
9. APPEAL OF MINIMUM SIDE SETBACK DETERMINATION (PA2011 -013)
BROADMOOR PACIFIC VIEW PLANNED COMMUNITY. [100 -2011]
Acting Planning Director Campbell and Senior Planner Murillo provided the staff
report. A PowerPoint Presentation was displayed to discuss the history of the
Broodmoor community, a review of the tract maps and its development standards, the
ambiguous setback language for the project which results in the inequity for
development within the community, and the resolved language that was approved by
the Planning Commission.
Council Member Curry stated that he supported the White family in their appeal and
that the Planning Commission performed its due diligence in reviewing this matter.
Mayor Henn opened the public hearing.
James White, owner of the subject property, noted his request for clarification on PC-
18 related to the setback map (views) in the Broodmoor community. He
mentioned that the existing document does not allow for development outside the
original footprint of the house and suggested creating a process for each subject
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property to review any proposed development changes.
Bill Moore, President of Broodmoor Seaview Homeowners Association, noted that the
White family is objecting to a remodel request by one of their neighbors.
Kenneth Krause commented that the property views are the matter of contention in
this case. He mentioned that the homeowners association could have resolved the
issue; however, it resulted in litigation initiated by himself.
John Richter, attorney representing the neighbor considering the remodel, noted that
PC -18 has provided guidance in the setbacks for this community. He mentioned that
setback concerns should be determined at the homeowners association level and
suggested that the "5 and 5" setback proposal would provide structure for future
development in the community.
Hearing no further testimony, Mayor Henn closed the public hearing.
Motion by Council Member Curry, seconded by Council Member Rosansky to
uphold the determination of the Planning Commission that the Broadmoor Pacific
View Planned Community text is silent on the application of side setbacks in non -zero
lot line configurations, and therefore, to provide equity and certainty with regard to
development limits, a determination should be made requiring a five -foot minimum
side setback.
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
10. WEST NEWPORT AMENDMENTS: A) 6480 W. COAST HIGHWAY (PA2010-
190) - KENNARD PROPERTY; B) 6904 W. COAST HIGHWAY (PA2011 -014) -
THE NATIONAL CAT PROTECTION SOCIETY; AND C) 6908 -6936 W. COAST
HIGHWAY (PA2010 -182) - FROG HOUSE - AMENDMENTS TO THE
GENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING CODE TO
CHANGE THE DESIGNATIONS OF TWO PROPERTIES (THE NATIONAL
CAT PROTECTION SOCIETY AND THE FROG HOUSE) FROM TWO -UNIT
RESIDENTIAL (RT AND RT -E) TO MIXED -USE VERTICAL (MU -V); AND
ONE PROPERTY ( KENNARD PROPERTY) FROM TWO -UNIT RESIDENTIAL
(RT AND RT -E) TO GENERAL COMMERCIAL (GC). [100 -20111
Acting Planning Director Campbell provided the staff report and utilized a
PowerPoint presentation to highlight the location of the three properties, the code
amendment summary, and how the draft ordinance affects the area.
Council Member Rosansky acknowledged that he owns property within 500 feet of the
subject matter properties and recused himself from the deliberation. He proceeded to
leave the Council Chambers.
Mayor Pro Tem Gardner suggested a straw vote on this matter.
Without objection, Council conducted a straw vote on the matter which reflected that
there was no objection to the staff recommendation.
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Mayor Henn opened public hearing.
Alex Hoover expressed support for the historical Frog House in its existing location.
T.K. Brimer, applicant for the Frog House, expressed support for the proposed action.
Hearing no further testimony, Mayor Henn closed the public hearing.
Motion by Mayor Pro Tem Gardner, seconded by Council Member Curry to
adopt Resolution No. 2011 -41 approving General Plan Amendment Nos. GP2010 -002,
GP2010 -013, and GP2011 -002; and Local Coastal Plan Amendment Nos. LC2010 -002,
LC2010 -003, and LC2011 -001; and introduce Ordinance No. 2011 -15 approving Code
Amendment Nos. CA2010 -012, CA2011 -003, and CA2010 -013 to change the zoning
districts, and pass to second reading on May 24, 2011.
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
11. NORTH NEWPORT CENTER PLANNED COMMUNITY (NNCPC)
DEVELOPMENT PLAN AMENDMENT (PA2011 -017) - THE PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT TO INCORPORATE
THE BLOCK 800 NEWPORT CENTER PLANNED COMMUNITY (PC -23)
INTO THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PC -56)
AND A CODE AMENDMENT TO CHANGE THE ZONING CLASSIFICATION
OF THIS PROPERTY FROM PC -23 TO PC -56; INCLUDES REVISIONS TO
THE SIGN AND LIGHTING STANDARDS WITHIN THE PC -56
DEVELOPMENT PLAN; AND UPDATES THE DEVELOPMENT LIMITS
TABLE TO REFLECT THE CITY COUNCIL'S PREVIOUS APPROVAL OF
TRANSFERS OF DEVELOPMENT RIGHTS. [100 -20111
Acting Planning Director Campbell provided the staff report.
Mayor Henn opened the public hearing. Hearing no testimony, he closed
the public hearing.
lY1V L1UR OV wuncu ivlemner nosansxv seconaea by Vouncll 1Vlember Curry to
introduce Ordinance No. 2011 -16, approving Planned Community Development Plan
Amendment No. PD2011 -001 and Code Amendment No. CA2011 -004, and pass to
second reading on May 24, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
12. MALARKY S IRISH PUB APPEAL (PA2010 -172) - 3011 NEWPORT
BOULEVARD - AN APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT NO. UP2010 -039 AND
COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002, AUTHORIZING THE
EXPANSION AND REMODEL OF AN EXISTING EATING AND DRINKING
ESTABLISHMENT WITH LATE HOURS AND ALLOWING THE USE OF OFF-
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SITE PARKING. [100 -2011]
Motion by Mayor Henn, seconded by Council Member Rosansky to continue
this item to the May 24, 2011 Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
XVII. CURRENT BUSINESS
13. LOUD AND UNRULY GATHERING ORDINANCE. [100 -2011]
Police Lieutenant Hartford provided a staff report and acknowledged the public
outreach and information campaign that was conducted related to this matter.
Deputy City Attorney Rowen outlined the specifics relative to citations and civil fines
which would be assessed to a property in violation and reported that property owners
may have limited liability related to citations. He provided a summary of the
citation /violation process.
In response to Council questions, Deputy City Attorney Rowen further outlined the
Notice of Violation (NOV) that would be served on the property owner versus the
assessment of liens. He noted that other than the South Coast Apartment
Association, no opposition comments were received from the outreach meetings.
Council Member Hill expressed concerns regarding the notification procedures,
believing they should also include email, telephone, and other forms of
communication, in addition to sending a letter. Deputy City Attorney Rowen noted
that the City has discussed alternative forms of notification to provide as many
means of communication with each subject matter property, but emphasized that the
City needs a paper record for any notices served on the property or the property
owners.
Richard Berkstrum urged the Council to expedite the passing of the ordinance. He
recommended that Council not consider barricading Balboa Boulevard on the Fourth
of July.
Kristine Simon spoke in opposition to the proposed ordinance, believing that it
inhibits the rights of landlords and business owners, and that it is excessive in its
restrictions.
Willis Longyear expressed concerns regarding specific provisions in the ordinance
that limits liability for the property owners.
Judy Legan, South Coast Apartment Association, expressed concerns regarding the
posting of the notices as it would affect the ability to rent adjacent units in the area.
Ken Rawson commented on the public outreach meetings and expressed concerns
regarding the posting of the notice on any cited property and how the ordinance could
negatively affect adjacent properties.
George Schroeder expressed support for the provisions of the proposed ordinance
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outlined the specific activities which would result in a violation, and stated that
rental property owners appreciate the help in managing tenants who are loud and
unruly.
Craig Batley requested clarification regarding the ticketing procedures for a
cooperating homeowner. City Manager Kiff noted that the goal is not to fine a
property owner who is working with staff to mitigate any violations.
Police Lieutenant Hartford displayed a flowchart which outlined the process Police
Officers would follow to assess a violation of the loud and unruly gathering ordinance.
Barbara Tollman requested that the ordinance's Safety Enforcement Zone be
clarified. City Manager Kiff acknowledged that municipal codes do reference separate
sections in order to properly address the various issues. Ms. Tollman noted that the
weekly and short -term rentals supplement the income of senior citizen property
owners and expressed concerns regarding the potential liability for property owners.
Mark Simon expressed concern that the proposed ordinance leaves too much
discretion in the hands of the individual Police Officer issuing the citations.
Police Chief Johnson noted that Newport Beach has developed a party reputation and
that some property owners have inappropriately relied upon the Police Department to
manage their loud and unruly tenants. He further defined the true loud and unruly
situations, the deterrent factor that would ensue because of the ordinance, and how
the ordinance will be handled by the Police Department.
Mayor Henn emphasized that the ordinance was designed to regulate loud and
unruly parties throughout the year, not just on the Fourth of July.
Police Lieutenant Hartford noted a past situation which heavily impacted City
resources and could have been prevented if the proposed ordinance was in place. He
noted that loud and unruly parties have occurred in every area of the City.
In response to an inquiry from Council Member Daigle, Police Lieutenant Hartford
noted that the Police Department will be placing procedures in place which will
document the true nature of any reported incident.
Carmen Rawson expressed concerns regarding the posting of the notice. She believed
that the lien provision may not be a meaningful deterrent and suggested a credit
review provision.
Mark Rogers, Park Newport Apartments, opposed the proposed ordinance as they
have existing mechanisms to deal with loud and unruly tenants.
Council Member Curry noted that the goal is not to impact property values, but to
provide a tool for the City to protect residents from loud and unruly behavior. He
requested that the provision for the colored notice be changed to a black and white
notice.
Council Member Rosansky expressed concern with the amount of the violation as
proposed and suggested that first violation remain $1,500 and a cap of $3,000 be
placed on the second and third violations.
Council Member Selich noted his opposition to the proposed ordinance and was not in
favor of the potential devaluation of properties that would occur from the posting of
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notices.
Motion by Mayor Henn, seconded by Mayor Pro Tem Gardner to introduce
Ordinance No. 2011 -13 adding Newport Beach Municipal Code Chapter 10.66
pertaining to Loud and Unruly Gatherings and amending Newport Beach Municipal
Code Sections 5.95.060 and 5.95.065 pertaining to Short Term Lodging Units, with
the following modifications: include a "black and white" notice rather than
fluorescent, which would be posted for ninety (90) days rather than one hundred
eighty (180) days, and to cap fines in the Safety Enhancement Zone at $3,000, and
pass to second reading on May 24, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Curry
Noes: Council Member Selich, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XDL ADJOURNMENT - 9:25 p.m.
The agenda for the Regular Meeting was posted on May 4, 2011, at 2:25 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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City Clerk
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Recording Secretary
Mayor
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