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HomeMy WebLinkAbout06/14/2011 - Regular MeetingCity Council Minutes City Council Regular Meeting June 14, 2011 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 4:26 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code & 54956.9(a)): Three matters: 1. Pacific Shores o. Newport Beach, USDC Ninth Circuit Case No. SACV 08- 00457 JVS (RNBx) /USDC Case No: 11 -55460 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. Conference with Legal Counsel -Anticipated Litigation - Initiation of Litigation (Government Code S 54956.9(c)): Two matters: 1. Potential initiation of litigation against Morningside Recovery, LLC for failure to comply with Zoning Agreement. 2. Potential initiation of litigation against Dennis Holland to abate a public nuisance due to a violation of Newport Beach Municipal Code Chapter 10.64 at 2200 Holiday. C. Conference with Labor Negotiators (Government Code 5 54957.6): Aaencv Designated Representatives: Dave Kill, City Manager, Terri Cassidy, Human Resources Director Emplovee Organization: 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 (CEA); Newport Beach Professional & Technical Employees Association (Prof- Tech); Newport Beach Employees League (NB LEAGUE); Newport Beach Part -Time Unit (UPEC, Local 777) D. Public Employee Performance Evaluation (Government Code $ 54957(b)(1))i The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. Title. City Attorney III. RECESS Volume 60 - Page 161 City of Newport Beach City Council Minutes June 14, 2011 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 by a vote of 7 -0, the City Council authorized proceeding with a civil action against Dennis Holland under Chapter 10.64 of the Newport Beach Municipal Code to abate a public nuisance at 2200 Holiday (Item B.2). VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Gardner VIII. INVOCATION -Reverend Tim McCalmont, Presbyterian Church of the Covenant IX. PRESENTATIONS City of Newport Beach Youth Council Disneyland Scholarship Program - Mayor Henn read and presented a proclamation to Abbey Michelson for being awarded the Disneyland Scholarship. Leaders of Environmental Action Films (LEAF) Winner - LEAF Founder Anna Rothwell described LEAF's mission and announced that two film entries from Newport Beach were in the Top 15 Finalists. More information can be found atwww.leaf- rocks.com. Citizen of the Year - Tom Johnson - Mayor Henn read a proclamation which proclaimed Tom Johnson as the " 2011 Newport Beach Citizen of the Year" 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) Council Member Daigle reported that she attended the Annual Meeting of Stop Polluting Our Newport (SPON) on Saturday, June 11, and a MiOcean meeting. Council Member Selich announced the 361h Annual Irrelevant Week events honoring 2011 NFL Mr. Irrelevant, Cheta Ozougwu, of the Houston Texans. Council Member Hill reported attending the 50th Annual Athletic Awards Banquet sponsored by the Newport Beach Chamber of Commerce. Mayor Henn reported attending the grand opening of the Pavilion Store on June 11, the Corona del Mar 5K Fun Run on June 4, the Balboa Island Parade on June 5, the Newport Harbor High School Character Awards on June 7, the Visit Newport Beach Annual Dinner on June 8, a Meet The Mayor on June 11, and a fundraising event for Autism at the home of Barry Saywitz on June 11.. He announced the Tidelands Management Committee Meeting to be held on June 15, and the Neighborhood Revitalization Committee Meeting to be held on June 16. XII. CONSENT CALENDAR Volume 60 - Page 162 City of Newport Beach City Council Minutes June 14, 2011 A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MAY 24, 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. C. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF FISCAL YEAR 2011 -12 APPROPRIATIONS LIMIT. [100- 2011] Adopt Resolution No. 2011 -45 adopting the City's Appropriation (Gann) Limit for Fiscal Year 2011 -12 in the amount of $144,448,989. 5. AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR AND /OR CITY ENGINEER TO EXECUTE AGREEMENTS AND AMENDMENTS FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS. [100 -2011] Adopt Resolution No. 2011 -46 authorizing the Public Works Director and /or City Engineer to execute all necessary agreements and amendments for federally funded projects with Caltrans, consistent with, but not exceeding the authority already granted to Department Heads by City Council as denoted within the City's Codes and Policies. 10. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. [100- 2011] a) Adopt the Seven -Year Measure M CIP; b) adopt Resolution No. 2011 -51 affirming that the City's Circulation Element is in conformance with the Regional Master Plan of Arterial Highways; and c) direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. D. CONTRACTS AND AGREEMENTS 12. AGREEMENT BETWEEN MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ( MWDOC) AND ITS MEMBER AGENCIES (C- 4816). [381100- 2011] Authorize the Mayor to execute the agreement with MWDOC and 28 Member Agencies which outlines improvements in the way MWDOC works with its agencies. 13. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASE 5 - AWARD OF CONTRACT (C- 4698). [381100 -2011] a) Approve the project drawings and specifications; b) award Contract No. 4698 to Select Electric, Inc. for the total bid price of $508,372.50, and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $51,000.50 (10 %) to cover the cost of unforeseen work. 14. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASE 5 - APPROVAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL PRODUCTS, INC. (C- 3456). [381100 -2011] Approve a Purchase Contract with Econolite 'Control Products, Inc. of Anaheim, for purchase and installation of advanced traffic signal control equipment for Phase 5 of the Traffic Signal Modernization Project, at a not to exceed price of $212,621.40, and authorize the Mayor and City Clerk to execute the agreement. Volume 60 - Page 163 City of Newport Beach City Council Minutes June 14, 2011 15. CORPORATION YARD FLEET SHOP CNG MODIFICATION PROJECT - COMPLETION AND ACCEPTANCE (C- 4315). [381100 -2011] a) Accept the completed work and authorize the City Cleric to file a Notice of Completion; b) authorize the City Cleric 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. 16. STREETLIGHT IMPROVEMENT PROJECT FOR FY 2010 -2011 -AWARD OF CONTRACT (C- 4605). [381100 -2011] a) Approve the project plans and specifications; b) award Contract No. 4605 to Steiny and Company, Inc. for the total bid price of $585,510.75, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency of $59,489.25 to cover the cost of unforeseen work. 17. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT - COMPLETION AND ACCEPTANCE (C- 4232). [38/100 -2011] 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 d) approve Budget Amendment No. 11BA -046 transferring $7,185.00 from account 7013- C2202000 to account 7013- C2202002. 18. HARBOR VIEW HILLS SOUTH AND ?NEWPORT HEIGHTS PAVEMENT REHABILITATION - AWARD OF CONTRACT (C- 4609). [381100 -2011] a) Approve the project drawings and specifications; b) award Contract No. 4609 to R.J. Noble Company for the total bid price of $1,247,650, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $125,000 (10 %) to cover the cost of unforeseen work; and d) approve Budget Amendment No. IIBA -045 transferring $202,000 from Account No. 7281- C20020024 to Account No. 7281- C2002039. E. MISCELLANEOUS 19. PLANNING COMMISSION AGENDA FOR JUNE 9, 2011. [100 -2011] Receive and file written report. 20. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOINHNEES. [100 -2011] Confirm the nominations made by the Ad Hoc Appointments Committee, as listed in the staff report. 21. AMENDMENTS TO THE BOARD OF LIBRARY TRUSTEES BY -LAWS. [100 -2011] Approve the revisions to the Board of Library Trustees By -Laws. 22. BUDGET AMENDMENT TO PURCHASE EMERGENCY SEISMIC RESPONSE EQUIPMENT. [100 -2011] Approve Budget Amendment No. 11BA -044 transferring a total of $27,319.38 from the Seismic Safety deposit account, 010 -2226, to the Building- Inspection, Tools & Instrumentation expenditure account 2920 -8240. 23. ORDINTANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS; AND RESOLUTION SETTING FORTH THE MEMBERSHIP, TERM, AND PURPOSE AND RESPONSIBILITIES OF THE BUILDING Volume 60 - Page 164 City of Newport Beach City Council Minutes June 14, 2011 AND FIRE BOARD OF APPEALS. [100 -20111 Continue this item to the June 28, 2011 City Council meeting to provide staff sufficient time to address the questions raised by City Council on May 10, 2011. S30. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED STREETS AND PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD. [100 -20111 Adopt Resolution No. 2011 -56 authorizing the temporary closure of Seashore Drive, Newport Boulevard, Back Bay Drive, and Balboa Boulevard, selected parking lots, and selected feeder streets. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to approve the Consent Calendar, except for the item removed (3, 6, 7, 8, 9 & 11). 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. CITY ADMINISTRATIVE DEPARTMENT RESTRUCTURING AND RENAMING. [100 -20111 Motion by Mayor Pro Tem Gardner, seconded by Council Member Hill to continue the item to the June 28, 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 6. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2011 -2012. 1100 -20111 7. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. [100 -20111 S. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. [100 -20111 9. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2011 -2012. [100 -2011] Jim Mosher believed that the BID Advisory Boards are not operating under the rules and regulations of the Newport Beach City Charter. City Attorney Hunt reported that the BID Advisory Boards are established under State Law and are not considered to be a Newport Beach City Charter Board or Commission. Motion by Council Member Curry, seconded by Council Member Rosansky to a) approve the Newport Beach Restaurant Association Business Improvement District Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2011 -47 to Volume 60 - Page 165 City of Newport Beach City Council Minutes June 14, 2011 Levy Assessments and set the public hearing for June 28, 2011; c) confirm the Restaurant Association Business Improvement District 2011 Advisory Board, as nominated by the general membership at the 2010 Annual Meeting, as follows (* _ Executive Board): Sheri Drewry, President* - Wilma's Patio; Jim Walker, Treasurer* - The Bungalow; John Robinson, Secretary* - Amelia's Restaurant; Ali H. Zadeh, Member at Large* - Port Restaurant & Bar; Stephano Albano, Vice Pres.* - El Torito Grill; Tony Mokatef - Tommy Bahama's; Chris Ann Richards - Wine Lab; Dave Salisbury - Harborside Restaurant; John Bullard - Newport Landing; Miguel Rodriguez* - Maestro's Ocean House; Nicole Hay - 21 Oceanfront; Robert Ramirez - The First Cabin; Sam Tila - Royal Thai Cuisine; Steve Kim - Five Crowns; d) approve the Balboa Village Business Improvement District Fiscal Year 2010 -2011 Annual Report; e) adopt Resolution of Intention No. 2011 -48 to Levy Assessments and set the public hearing for June 28, 2011; f) confirm the Balboa Village Business Improvement District 2011 Advisory Board, as nominated by the 2010 BID Advisory Board, as follows: Bob Black - Catalina Passenger Service; Butch Wilson - Balboa Saloon; Tony George - Surfside Silver; Patrick Moore - Fun Zone Rides; Ralph Rodheim - Balboa Boat Rental; Mike Thompson - Davey's Locker; Craig Batley - Baywalk, Inc. - Bungalow Basic; g) approve the Marine Avenue Business Improvement District- Fiscal Year 2010 -2011 Annual Report; h) adopt Resolution of Intention No. 2011 -49 to Levy Assessments and set the public hearing for June 28, 2011; i) confirm the Marine Avenue Business Improvement District 2011 Advisory Board, as nominated by the 2010 BID Advisory Board, as follows: Sheri Drewry - Wilma's Patio; John Robinson - ,Amelia's Restaurant; Anne Moloney - Beach Time Realty; Alexandra Richardson - HOM Realty; Pam Hubbard - Persimmon Tree; Eldy Galieta - Barolo by the Sea; j) approve the Corona del Mar Business Improvement District Year 2010 -2011 Annual Report; k) adopt Resolution of Intention No. 2011 -50 to levy assessments and set the public hearing for June 28, 2011; and 1) confirm the Corona del Mar Business Improvement District 2011 -2012 Advisory Board, as nominated by the 2011 general membership, as follows: Bernie Svalstad - Newport Factoring; Jim Walker - The Bungalow; Scott Laidlaw - Laidlaw Shultz Architects; Keith Dawson - Dawson and Dawson; Ali Zadeh - The Port; Tom Nicholson - Nicholson Companies; Tina B. Hoover - Law Offices of Tina Hoover. 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 11. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM HEZMALHALCH ARCHITECTS FOR THE PREPARATION OF DESIGN GUIDELINES FOR THE LIDO VILLAGE AREA (C- 4817). [381100 -2011] Denys Oberman believed that the preparation of landscape and architectural guidelines for the Lido Village Area is premature because it lacks input from a sufficient number of principal landowners, and that William Hezmalhalch Architects lacks experience in marine and coastal resorts, including hospitality. She urged the City Council to not approve the agreement. Mayor Henn stated that a sufficient number of principal landowners have participated in the process to date and that it is reasonable to consider this item at this time. The City Council discussed the oversight role of the Revitalization Committee in the project. Tom Larkin spoke in opposition and expressed the opinion that expenditure of City funds Volume 60 - Page 166 City of Newport Beach City Council Minutes June 14, 2011 for the preparation of landscape and architectural guidelines for the Lido Village Area is premature. Motion by Council Member Selich, seconded by Council Member Curry to authorize the City Manager to execute a professional services agreement with Wiliam Hezmalhalch Architects for the preparation of landscape and architectural design guidelines for the Lido Village Area. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIV. PUBLIC COMMENTS Michael Turner, representing Dan's Landscaping of Orange County, commented on the leaf blower ban and offered several suggestions relative to both gas and electric blowers. Kevin Doane stated his concern regarding the diminishing number of 4 -hour parking meters throughout the City. Bruce Blackman of Blackman Ltd. Jewelers, spoke regarding the perceived lack of Code Enforcement regarding alleged littering (cigarette butts, etc.) by Morningside Recovery's clients near his business on Via Oporto. Tom Billings seconded Mr. Blackman's concern and pointed out that Morningside Recovery also has facilities on Via Lido. City Attorney Hunt commented that Morningside Recovery was issued a warning letter approximately 30 days ago that indicated that they were potentially not in compliance with Zoning Codes and might need to take corrective action. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on a potential mosquito abatement project in Big Canyon involving Vector Control of Garden Grove and the Newport Beach Public Works Department. Council Member Curry reported on the Finance Committee meeting of June 13, which included an audit entrance interview with the City's new auditors, a review of the Investment Policy, the crafting of a series of Debt Policies, and a review of the Budget Checklist. Mayor Pro Tem Gardner reported on the June 14 meeting of the Marine Committee where two California State measures were discussed relative to life jacket requirements for vessels less than 18 -feet in length and water contamination caused by the copper content of Boat Paint. She recommended that Council consider formally commenting on these two measures before they are enacted. XVI. PUBLIC HEARINGS Mayor Henn called for a show of hands of those members of the audience who were in attendance to testify regarding Item 27 ( Morningside Recovery Compliance), and based upon their response he suggested that Item 27 be considered first. The consensus of Council was that the agenda schedule be adhered to. Volume 60 - Page 167 City of Newport Beach City Council Minutes June 14, 2011 24. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021) - 20311 ACACIA STREET. [100-20111 Council Member Daigle recused herself and left the dais. Motion by Council Member Rosanskv, seconded by Council Member Selich to adopt Resolution No. 2011 -52 approving Telecommunications Permit No. TP2011 -005, subject to findings and conditions of approval. Mayor Henn opened the public hearing. Mandy Medina, representing the Acacia Plaza II Owners Association, stated that T- Mobile Communications has made no attempt to obtain, and has not been granted approval and authority to proceed with the permit for construction from the Acacia Plaza II Owners Association, and that any claims by T- Mobile Communications to the contrary are false. Discussion ensued between the City Council and City Attorney Hunt relative to the reasons why the granting of approval and authority to proceed with the permit for construction by the Acacia Plaza II Owners Association is a Condition of Approval. Tim Miller of Trillium Consulting, representing T- Mobile Communications, acknowledged that the granting of approval and authority to proceed with the permit for construction by the Acacia Plaza II Owners Association has not yet been obtained, but requested that the City Council approve the Permit anyway. Jim Mosher spoke in opposition, seconding the concerns of Ms. Medina. Hearing no further testimony, Mayor Henn closed the public hearing The City Council and City Attorney Hunt discussed the reasons why the City Council should or should not involve itself at this time in what is currently a dispute between two private parties. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member Selich, Council Member Daigle Noes: Mayor Pro Tern Gardner, Council Member Curry 25. 2010 URBAN WATER MANAGEMENT PLAN (UWMP). [100 -20111 Mayor Pro Tem Gardner congratulated Utilities General Manager Murdoch for a job well done. Mayor Henn opened the public hearing. Motion by Council Member Rosanskv, seconded by Council Member Curry to a) adopt Resolution No. 2011 -53 approving the 2010 UWMP, and b) direct staff to fulfill the notification requirements set forth in the Water Code once the UWMP is adopted. Jim Mosher questioned the approval of the Banning Ranch project shown in the plan. City Manager Kiff stated that the Banning Ranch project was not approved in the current plan, but had been erroneously shown as approved in a previous draft version of Volume 60 - Page 168 City of Newport Beach City Council Minutes June 14, 2011 the plan. He assured that the document will be amended. Hearing no further testimony, Mayor Henn closed the public hearing. Council Member Rosansky indicated that he will amend his motion to include the change. Amended motion by Council Member Rosansky, seconded by Council Member Curry to a) adopt amended Resolution No. 2011 -03 approving the 2010 UWMP; and b) direct staff to fulfill the notification requirements set forth in the Water Code once the UWMP is adopted. The amended 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 26. VIA LIDO AMENDMENTS (PA2011 -024) - 3363, 3377 VIA LIDO AND 3378 VIA OPORTO - AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF SUBJECT PROPERTY FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE VERTICAL (MU -V). [100 -20111 Mayor Henn opened the public hearing. Hearing no testimony, he closed. the public hearing. Motion by Council Member Rosanskv, seconded by Mayor Pro Tem Gardner to continue the item to the June 28, 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 27. PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC (PA2011 -107). [100 -20111 Mayor Henn called for a show of hands of those members of the audience who intended to testify regarding this item, and based upon their response, he suggested that the time allotted to each Public Speaker be limited. It was the consensus of Council to limit public testimony to three minutes. Associate Planner Brown provided a PowerPoint presentation to discuss the Zoning Agreement, display the existing facilities, discuss key operating conditions, violations of conditions, Notice of Violations (NOVs) and Administrative Citations, highlight the total notices issued for failure to comply, discuss issues with the 24 -hour hotline, Morningside's administrative and client treatment facilities, and recommendation. Mayor Pro Tem Gardner requested an explanation from Morningside Recovery regarding the lack of a 24 -hour hotline. In response to a Council questions, City Attorney Hunt explained the series of events that will transpire if the City Council adopts the recommendations and stated that the City is bound by the terms of the Zoning Agreement. Volume 60 - Page 169 City of Newport Beach City Council Minutes June 14, 2011 Mayor Henn opened the public hearing Mary Helen Beatificato, Attorney for Morningside Recovery, believed that Morningside Recovery is not obligated to establish a 24 -hour hotline under the terms of the Zoning Agreement Operational Conditions. She stated that Morningside Recovery has been in full compliance with all Zoning Agreement Operational Conditions regarding parolees and probationers, and in good faith compliance with the Zoning Agreement Operational Conditions regarding smoking and tobacco use. She challenged the veracity of some of the 19 NOVs and 14 Administrative Citations issued against Morningside Recovery. Discussion ensued between Council and staff regarding whether or not Morningside Recovery has demonstrated good faith compliance with the Zoning Agreement Operational Conditions regarding the 24 -hour hotline and the 533 Via Lido Soud facility. In response to Ms. Beatificato's challenge regarding the NOVs and Administrative Citations issued against Morningside Recovery, City Manager Kiff stated that the City's typical process involves a fairly extensive investigation by Code Enforcement before an NOV or Administrative Citation is issued. Senior Code Enforcement Officer Cosylion confirmed the City Manager's statement. Joel Slutzky, representing Maintain Our Residential Neighborhood (MORN), thanked staff for the 300 -page staff report which documents what MORN considers to be a pattern of significant repetitive violations by Morningside Recovery. Tom Billings, member of MORN, suggested that the City Council consider taking immediate action to shut down all of Morningside Recovery's facilities. Willis Longyear expressed the opinion that the high turnover rate associated with a business like Morningside Recovery is the underlying cause of its repeated violations of the Zoning Agreement Operational Conditions, and that the City Council should consider forcing Morningside Recovery to relocate its facilities that are located in R -1 and R -2 zones to locations which are more compatible with such high turnover businesses. Edward Cook believed that a business like Morningside Recovery should not be allowed to operate in a Residential Zone. Barbara Liebman, Counsel for MORN, questioned the legality of Morningside Recovery's 533 Via Lido Send facility. Nancy Sheffner spoke in support of the recommendations. Tom Larkin stated his concern regarding the apparent lack of investigations by the Fire Department of Morningside Recovery's facilities. Mark Ruder believed that a CEQA study is required for Morningside Recovery's operations. Roger McGregor expressed the opinion that a business like Morningside Recovery should not be allowed to operate in a Residential Zone. Jack Thompson believed that a business like Morningside Recovery should not be allowed to operate in a Residential Zone. Volume 60 - Page 170 City of Newport Beach City Council Minutes June 14, 2011 Laura Sharp submitted a packet that purportedly documents numerous violations of the Zoning Agreement Operational Conditions by Morningside Recovery which were not included in the staff report. Doug Dwyer stated his concerns regarding perceived violations by Morningside Recovery of the Zoning Agreement Operational Conditions regarding smoking and parking, and suggested that the City Council impose a bed tax on Morningside Recovery. Cynthia Koller questioned why complaints against Morningside Recovery by residents of the Balboa Peninsula were not included in the staff report. Denys Oberman read a prepared statement that urged the City Council to pursue legal remedies against Morningside Recovery that are in the best interest of the City and the community. Jonathan L. Birer, President and owner of Charlie's Locker, asked the City Council to eliminate the unfair disruption of business activity on Lido caused by the presence of Morningside Recovery. Laura Curran requested information regarding how Newport Beach enforces rules and regulations relative to commercial housing of parolees, probationers, registered sex offenders, gang members, and clients funded by Proposition 36. David Diamond thanked the City Council and City Manager Kiff for what they have accomplished to date regarding this matter. He suggested that the City Council compare the complaints registered against Morningside Recovery with complaints registered against similar businesses for possible guidance in their decision making process. Jim Mahoney, a business owner in Lido Village, stated his concerns regarding the inconsiderate behavior of Morningside Recovery clients. Nicolai Glazer expressed the opinion that the residents of Morningside Recovery are not good neighbors. Mike Zawadzki read a prepared statement, believing that the Zoning Agreement afforded Morningside Recovery generous, unprecedented benefits, and was a well- intentioned mistake. He requested that the City Council terminate the Zoning Agreement with Morningside Recovery. Victoria Zawadzki stated that she has personally observed and taken photographs of numerous parking and after -hour deliveries which are violations of the Zoning Agreement Operational Conditions. Julie Ackerman believed that Morningside Recovery is not adequately instructing its employees and clients regarding the Zoning Agreement. Marian Dickens shared her observations of what she considers ridiculous behaviors by Morningside Recovery residents, such as sunbathing on City streets. Jana Shoals questioned whether the use of the Newport Beach City Seal by Morningside Recovery on their website was in good faith. Volume 60 - Page 171 City of Newport Beach City Council Minutes June 14, 2011 Hearing no further testimony, Mayor Henn closed the public hearing. City Attorney Hunt advised the City Council of the legal requirements for Equal Opportunity Housing for the disabled under Federal and State laws, and how that influenced the Zoning Agreement with Morningside Recovery. He advised the City Council that the issue before it for consideration is whether or not Morningside Recovery has been in compliance with, or acting in good faith compliance with the Zoning Agreement Operational Conditions based upon the evidence before it for consideration. He reported that the only action available to the City Council at this time under the Zoning Agreement is to instruct staff to give notice to Morningside Recovery pursuant to Paragraph 0 of the Zoning Agreement. He commented on the parolee and probationers issue, and the allegedly abandoned facility. Discussion ensued relative to the differences between the reviews of Morningside Recovery and Sober Living by the Sea, and whether or not the evidence of a substantial and repetitive cycle of violations by Morningside Recovery indicates an unwillingness or inability to fully comply with the Operation Conditions of the Zoning Agreement. Motion by Mayor Henn, seconded by Mavor Pro Tern Gardner to a) adopt Resolution No. 2011 -57 finding that Morningside has not demonstrated good faith compliance with the terms and operational conditions of the Zoning Agreement based on substantial evidence; and b) direct staff to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply and state the steps Morningside must take to bring itself into compliance. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Sehch, Council Member Curry, Council Member Daigle Mayor Henn recessed the meeting at 10:30 p.m. and reconvened the meeting at 10:35 p.m. with all members of the City Council in attendance. 28. RESOLUTION NO. 2011 -54: FISCAL YEAR 2011 -12 BUDGET ADOPTION. "00- 2011J City Manager Miff provided a staff report. Discussed ensued relative to the Balboa Island Historical Society, Buck Gully Canyon Stabilization and Flood Control, Crystal Cove Parking Lot /Pond Area Improvement, a potential project plan for landscaping on Bristol Street South, sub - contracting of the Costa Mesa Jail, Fire Prevention Bureau, Call Dispatch, Helicopter Air Support, the DARE Program, and the Lifeguard Consensus Proposal. Mayor Henn opened the public hearing. Jim Mosher questioned why the Morningside Recovery item has no fiscal impact, and what portion of Account 0110 -8250 the Balboa Island Historical Society item represents. Without objection, Mayor Henn recommended that the public hearing remain open to the June 28, 2011, City Council meeting. Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to continue the public hearing and consideration of the Fiscal Year 2011 -12 Budget to the Volume 60 - Page 172 City of Newport Beach City Council Minutes June 14, 2011 June 28, 2011 Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XVII. CURRENT BUSINESS 29. COMPENSATION PHILOSOPHY. [100 -20111 City Manager Kiff explained. the purpose and scope of the proposed Compensation Philosophy. The City Council discussed several elements of the Compensation Philosophy, including increased pension contributions by employees, comparisons with the private sector, and the increase from one -year to three -years for the determination of final compensation. Motion by Mayor Pro Tom Gardner, seconded by Council Member Selich to adopt Resolution 2011 -55 relating to a compensation philosophy for the City of Newport Beach. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosan ky, Mayor Fro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT -Adjourned at 11:00 p.m_ in memory of Masao Kato The agenda and supplemental agenda for the Regular Meeting was posted on June 10, 2011, at 8:55 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. aw �. Recording Secretary Mayor _ (� �• 111.•, -� �,r i �� .A` � i ^�1 n City Clerk w\ a i Volume 60 - Page 173