HomeMy WebLinkAbout07/26/2011 - Regular MeetingCity Council Minutes
City Council Regular Meeting
July 26, 2011 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. ROLL CALL - 5:00 p.m.
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
III. PUBLIC COMMENTS REGARDING CLOSED SESSION
City Attorney Hunt announced that Council will be meeting in Closed Session to discuss the
Agenda Items listed under Item IV, and in addition, he announced that the City Council met
this morning in a properly noticed Special Closed Session to discuss and consider the
appointment or employment of a new City Attorney pursuant to Government Code § 54957(b)
(1). Without completing the deliberations, Council adjourned the Special Meeting to tonight's
Closed Session at 5:00 p.m. pursuant to Government Code § 54955. Therefore, Council will not
only consider the matters listed under IV.A through IV.D on the Closed Session Agenda, but
will also consider Item IV.E relative to the consideration and appointment or employment of a
new City Attorney.
Regarding Closed Session Item IV.0 (Marina Park Mobile Home Park), Jim Mosher believed
that the noticing was incorrect according to his interpretation of the Brown Act. He requested
that the price be made public because both parties are public agencies. City Attorney Hunt
stated that Closed Session Item IV.0 was properly noticed in accordance with the Brown Act,
and that conducting negotiations during Closed Session is appropriate and necessary until a
deal has been finalized. He noted that the final details will then be disclosed in open session.
IV. CLOSED SESSION - 5:04 p.m.
A- Conference with Legal Counsel - Existina Litigation (Government Code 5
54956.9(a)): Three matters:
1. Pacific Shores u. Newport Beach, U.S. District Court Case No. SACV 08-
00457 AG (PLAx); U.S. Court of Appeals for the Ninth Circuit Case No. 11-
55460
2. Newport Coast Recovery and Yellowstone Recovery u. City of Newport
Beach, U.S. District Court Case No. SACV 09- 0701 -DOC (ANx); U.S. Court of
Appeals for the Ninth Circuit Case No. 11 -55461
3. MORN v. City of Newport Beach, OCSC Case No. 30 -0211- 00447004
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code 6 54956.9(c)): Three matters:
Volume 60 - Page 210
City of Newport Beach
City Council Minutes
July 26, 2011
1. Potential initiation of litigation against Morningside Recovery, LLC for failure
to comply with Zoning Agreement.
2. Potential initiation of litigation against Pacific Shores Recovery in order to
enforce terms of its reasonable accommodation and abate violations of the
Newport Beach Municipal Code.
3. Potential initiation of litigation against Yellowstone Recovery in order to abate
violations of the Newport Beach Municipal Code.
C. Conference with Real Property Negotiator (Government Code $ 54956.8):
Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach
City Negotiator: Dave Webb, City Engineer
Negotiating Parties: Curtis Fossum, State Lands Commission
Under Negotiation: Price, terms of payment, or both with respect to resolution of
boundary dispute between Tidelands and Uplands
D. Conference with Labor Negotiators (Government Code S 54957.6):
Agency Designated Representatives: Dave Kiff, City Manager; Terri Cassidy, Human
Resources Director
Employee Organization: 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)
E. Public Employee Personnel Matters (Government Code $ 54957(b)(1)): The City
Council will meet in closed session to consider the appointment or employment of the
position of City Attorney
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
City Attorney Hunt stated that Council met in Closed Session to consider the matters reflected
on its open session agenda. In addition, Council met in Closed Session this morning pursuant
to Government Code § 54957(b)(1) to consider the appointment or employment of a new City
Attorney. Without completing the deliberations, Council properly adjourned that meeting to
the 5:00 p.m. Closed Session today, added it to its Closed Session Agenda, and Council tools that
matter up for deliberations. City Attorney Hunt reported that no reportable actions were taken
during Closed Session.
D{. PLEDGE OF ALLEGIANCE - Council Member Daigle
X. INVOCATION - Melinda Blackman, Harbor Christian Church
Volume 60 - Page 211
City of Newport Beach
City Council Minutes
July 26, 2011
XI. PRESENTATION
Plaques to Outgoing Board and Commission Members - Mayor Henn read the names and
titles of all the outgoing Board and Commission Members, and presented plaques to the
following individuals in attendance: Former Planning Commissioner Earl McDaniel; Chris
Wade, son of former Harbor Commissioner Donald Lawrenz; former Building and Fire Board of
Appeals Member Ray Cranston; former City Arts Commissioner Wendy Brooks; and former
Parks, Beaches and Recreation Commissioner Tim Brown.
XII. NOTICE TO THE PUBLIC
XIII. 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 announced that the San Diego Yacht Club edged out the Newport
Harbor Yacht Club to win the 45th Annual Governor's Cup held at the Balboa Yacht Club.
Council Member Curry noted that the Governor's Cup was named after former Governor Ronald
Reagan. He announced that the Lobster Festival will be held on Saturday, August 6, and
congratulated the Corona del Mar High School Girls Water Polo Team for winning the State
Championship. He requested that the City Manager bring back an agenda item to consider
whether the City should take a position opposing the Helicopter Port expansion at John Wayne
Airport (JWA).
Council Member Rosansky reported attending the ribbon cutting ceremony for the Orange
County Humane Society in Huntington Beach on Saturday, July 23.
Mayor Henn announced that the Rhine Channel Restoration Project begins July 29, reported
attending the grand opening of Curl Fitness in the Lido Marina Village on Thursday, July 21,
and announced that the July Fourth Committee will hold its next meeting on Monday, August
15, from 4:30 p.m. to 6:00 p.m. in the Council Chambers.
XIV. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF
JULY 12, 2011. [100 -20111 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 pursuant to Charter Section 412.
B. RESOLUTIONS FOR ADOPTION
3. RESOLUTION SUPPORTING A GRANT APPLICATION TO THE
DEPARTMENT OF BOATING AND WATERWAYS FOR VESSEL
PUMPOUT OPERATION AND MAINTENANCE. [100 -20111 Adopt
Resolution No. 2011 -82 authorizing and supporting submittal of an application
to the Department of Boating and Waterways for grant funds for the operation
and maintenance of the vessel pumpouts.
Volume 60 - Page 212
City of Newport Beach
City Council Minutes
July 26, 2011
4. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
(ANBOL) MEMORANDUM OF UNDERSTANDING (C- 2058). [381100-
20111 a) Adopt Resolution No. 2011 -83 approving the Memorandum of
Understanding between the City of Newport Beach and the Association of
Newport Beach Ocean Lifeguards; and b) adopt Resolution No. 2011 -84 to
eliminate the paying and reporting of the Employer Paid Member Contribution
(EPMC) for ANBOL employees in PERS.
Council Member Rosansky voted no on this item
C. CONTRACTS AND AGREEMENTS
5. WEST NEWPORT OIL FIELD REVIEW, EVALUATION, AND
MODIFICATION PROGRAM - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH NETHERLAND, SEWELL &
ASSOCIATES, INC. (C4861). [381100 -2011) Due to the inability of
Netherland, Sewell &. Associates and the City to come to agreement on the
terms of a contract for the proposed Oil Field evaluation work, staff
recommends that this item be continued to the September 13, 2011 City
Council meeting to provide staff sufficient time to negotiate with the next
qualified firm and prepare the necessary Professional Services Agreement.
6. ACCEPT TSUNAMI HAZARD MITIGATION PROGRAM GRANT FUNDS
FOR EDUCATION KIOSKS. [100 -2011) a) Accept the National Tsunami
Hazard Mitigation Program Grant in accordance with Council Policy F -25,
Grant Administration; b) authorize the City Manager and the Emergency
Services Coordinator to act as "Authorized Agents" to execute for, and on behalf
of, the City any actions necessary to implement the grant and obtain State
financial assistance provided by the State of California Emergency
Management Agency (CalEMA); and c) approve Budget Amendment No. 12BA-
003 increasing revenue estimates in account 2355 -4893, CalEMA revenue, by
$14,880 and increasing expenditure appropriations in account 2355 -8013,
CalEMA Expenses, by $14,880.
DESIGNATION OF APPLICANT'S AGENT FOR FEDERAL AND STATE
FINANCIAL ASSISTANCE. [100 -2011] Approve CalEMA Form 130,
authorizing the City Manager or the Finance Director to execute California
Emergency Management Agency (CalEMA) and /or Federal Emergency
Management Agency (FEMA) documents for present and future disaster relief
applications.
9. SCHOOL RESOURCE OFFICER (SRO) PROGRAM AGREEMENT (C-
3309). [381100 -2011] Authorize the Agreement between the City of Newport
Beach and the Newport -Mesa Unified School District (ATMUSD) to participate
in the School Resource Officer (SRO) Program, and authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City.
10. AGREEMENT FOR DELIVERY AND SALE OF RECYCLED WATER TO
BIG CANYON COUNTRY CLUB (BCCC) (C- 4875). [381100 -2011] Approve
the agreement for the delivery and sale of recycled water to the Big Canyon
Country Club (BCCC), and authorize the Mayor and City Clerk to execute the
agreement.
Volume 60 - Page 213
City of Newport Beach
City Council Minutes
July 26, 2011
11. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 2 WITH BOHLIN CYWINSKI JACKSON (BCJ) FOR
PROJECT SIGNAGE DESIGN AND CONSTRUCTION SUPPORT
SERVICES (C- 4527). [381100 -2011] Approve Professional Services
Agreement (PSA) Amendment No. 2 with Bohlin Cywinski Jackson (BCJ) of
San Francisco, for Civic Center and Park Project signage design and
construction support services at a not -to- exceed price of $165,780.00, and
authorize the Mayor and the City Clerk to execute the Amendment.
12. DONATION OF LAND FROM THE IRVINE COMPANY LLC FOR OPEN
SPACE, HABITAT PROTECTION AND RESOURCE CONSERVATION
PURPOSES (C11876). [381100 -2011] a) Accept the donation of property
located between the back of the Park Newport Apartment site and the Upper
Newport Bay from The Irvine Company LLC for the purposes of open space,
habitat protection and resource conservation; and b) authorize the City
Manager to execute the Donation Agreement and accept the Gift Deed and
Termination of Easement for the property on behalf of the City.
D. MISCELLANEOUS
13. PLANNING COMMISSION AGENDA FOR JULY 21, 2011. [100 -2011]
Receive and file written report.
14. CONFIRMATION OF VOTING DELEGATE FOR THE 2011 LEAGUE OF
CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE - SEPTEMBER
21 - 23, 2011, IN SAN FRANCISCO. [100 -2011] Confirm Council Member
Curry's designation as the City's Voting Delegate at the League of California
Cities (LCC) Conference from September 21 -23, 2011, in San Francisco.
15. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST
FUND AWARD. [100 -2011] a) Authorize the City Council to accept a $75,000
award granted to the Police Department by the Orange County Real Estate
Fraud Prosecution Trust Fund per Council Policies F -3 and F -25; therefore, to
comply with Council Policy F -3, City Council must formally accept the award of
$75,000 and create a new appropriation to expend the money; and b) approve a
Budget Amendment No. 12BA -002 increasing revenue appropriations by
$75,000 in 1820 -489E.
16. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT N2011 -0178. [100 -2011] Conditionally approve the request of the
Newport Beach Chamber of Commerce for the installation of 191 banners from
August 22, 2011, to September 20, 2011, for the annual Taste of Newport
(installation will be along Westcliff Drive, Jamboree Road, MacArthur
Boulevard, Newport Boulevard, East Coast Highway, and San Joaquin Hills
Road).
In response to Council Member Hill's inquiry regarding Item 9, City Manager Kiff
stated that the School Resource Officer (SRO) Program is separate from the DARE
Program. Regarding Item 11, Public Works Director Badum explained that the funds
are from the unused design fund. Council Member Hill noted an error in the staff
report and took issue with the billing rate per principal hour in the Professional
Services Agreement. In response to Council Member Hill's inquiry regarding Item 12,
Volume 60 - Page 214
City of Newport Beach
City Council Minutes
July 26, 2011
City Manager Mff stated that there is no entitlement to build on the donated land and
that the City's interest in encouraging public open space justifies the acceptance of the
maintenance expenses associated with the donated land. Regarding Item 16, City
Manager Kiff stated that Council Policy L -16 could be modified to exempt the Newport
Beach Chamber of Commerce's annual request for the temporary installation of the
Taste of Newport banners, and stated that staff will report back with the recommended
changes to Council Policy L -16 sometime before the next annual request.
In response to Mayor Pro Tem Gardner's inquiry regarding Item 10, Utilities General
Manager Murdoch stated that the delivery and sale of recycled water to Big Canyon
Country Club is not related to the reduction of selenium in Upper Newport Bay.
In response to Council Member Selich's questions regarding Item 3, Harbor Resources
Manager Miller stated that the annual budget for the operation and maintenance of the
City's five vessel pumpout stations has been around $12,000, but felt that $7,000 would
be adequate for the maintenance of the pumpout stations. In response to City Manager
Kiff s question, Harbor Resources Manager Miller believed that the City's five pumpout
stations were adequate for now. Regarding Item 6, City Manager Kiff stated that staff
will report back with answers regarding the construction materials and who is
responsible for the ongoing maintenance costs of the tsunami information kiosks.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosansky to
approve the Consent Calendar, except for the item removed (8); and noting the "No"
vote by Council Member Rosansky on Item 4.
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
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
8. CONTRACT APPROVAL FOR PUBLIC SAFETY HELICOPTER SERVICE
BETWEEN THE CITIES OF NEWPORT BEACH AND HUNTINGTON BEACH
(C- 4860). [381100 -20111
In response to Council Member Daigle's questions, Police Chief Johnson explained that
the reserve funds remain with Airborne Law Enforcement Services (ABLE) until all of
its assets are disbursed, at which time the remaining reserve fund of approximately $4
million will be divided between Costa Mesa and Newport Beach. Police Lieutenant
Fischbacher stated that the helicopter is being appraised prior to it being eligible for
sale. Police Chief Johnson added that it was his intention to issue a Request for
Proposal (RFP) for a public /private partnership for public safety helicopter services
within the next 30 -45 days. In addition, he stated that helicopter noise reduction will
probably not be a significant consideration in the new services agreement. He
explained the prioritization protocol for simultaneous calls for service.
Motion by Council Member Curry, seconded by Council Member Selich to
approve the services Agreement for public safety helicopter support between the City of
Huntington Beach and Newport Beach, and authorize the Mayor and City Clerk to
execute the Agreement on behalf of the City.
Volume 60 - Page 215
City of Newport Beach
City Council Minutes
July 26, 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
XVI. PUBLIC COMMENTS
Jim Mosher took issue with the City only holding one City Council meeting in August. City
Attorney Hunt stated that Council has the discretion to control its agendas. Mayor Henn
confirmed that there will not be a Council meeting on the 4th Tuesday in August, 2011.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported attending the Aviation Committee meeting on July 25, where
they discussed STREL, JWA's new flight procedure.
Council Member Hill announced that the first citizens advisory meeting for the Lido Village
revitalization effort will be held on Wednesday, July 27, at 4:00 p.m. in the Friends Room at the
Central Library, and invited everyone to attend.
Council Member Rosansky reported attending the second meeting of the Newport Beach
Redistricting Committee on Thursday, July 21, in the Council Chambers, where they reviewed
several options. He, announced that the third and probably final meeting will be held on August
4th at the OASIS Senior Center.
Mayor Henn reported attending the Neighborhood Revitalization Committee meeting on July
14, where they anounced the members of the Citizens Advisory Panels for the Lido Marina
Village City Hall Site, Balboa Village visioning project, West Newport Beach/Balboa Boulevard
landscaping design, Corona del Mar entry at MacArthur Boulevard, and Santa Ana
Heights/Bristol Street landscaping. He also reported attending the Tidelands Management
Committee meeting on July 20, where they received a presentation regarding oil field
production.
XVIII. PUBLIC HEARING
17. COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT NO. 2010 -001
BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE
RECOVERY, LLC (PA2011 -107). (681100 -20111
Mayor Henn highlighted the protocol to be followed during the public hearing.
Associate Planner Johnson Brown stated that the purpose of the public hearing is to
review the actions taken by Morningside Recovery, LLC, since June 15. She provided
the staff report and utilized a PowerPoint presentation to discuss enforcement action
during the 30 -day compliance period, violations of conditions, a comparison of
Morningside Recovery to six other operators during October 2010 to July 2011, and
recommendations. She stated that staff believes that the evidence presented in the
staff report is sufficient to support a finding and determination that Morningside
Recovery has not complied in good faith with the terms and operational conditions of
the Zoning Agreement. She noted that the ordinance will need to be amended to reflect
the additional violations received by Morningside Recovery after the staff report was
published.
Volume 60 - Page 216
City of Newport Beach
City Council Minutes
July 26, 2011
Discussion ensued between Council and staff regarding administrative citations, their
appeal period, and the collection procedure for unpaid fines.
Mayor Henn opened the public hearing.
Mary Helen Beatificato, attorney representing Morningside Recovery, believed that the
three actions that Morningside Recovery was directed to fix in the June 15 Written
Notice in order to bring itself into compliance with the terms and operational conditions
of the Zoning Agreement only related to preparing updated route plans, maintaining
compliance with Condition 13 after submission of the updated route plans, and taking
corrective action to train and inform its staff with respect to the operational conditions.
She stated that Morningside Recovery has implemented written policies and
consequences which outlined the exact routes that drivers must travel, including a list
of operational conditions; and house manager policies which also included a list of all
the operational conditions. She indicated that Morningside Recovery has met with, and
continues to meet with, the house managers and drivers to review the written policies
and operational conditions, and obtained their written agreements to comply. With
regard to residents, she stated that Morningside Recovery has combined all of the
operational conditions into a single written policy in order to let the residents know
exactly what they could and could not do, and after having reviewed that policy with all
residents, had obtained their written agreements to comply. In addition, she stated
that all house managers, drivers, and residents had been given copies of the written
policies and operational conditions, and signed and agreed to comply with them. She
believed that Morningside Recovery has complied with everything that had been stated
in the Written Notice within the 30 -day compliance period, and challenged the validity
of the 20 violations that have been issued to Morningside Recovery subsequent to June
15.
In response to Council Member Daigle's questions, City Attorney Hunt stated his legal
reasoning why staff concluded that Morningside Recovery has not complied with the
terms and operational conditions of the Zoning Agreement. He further explained how
the legal determination of the effective date of the Development Agreement was
determined.
Council Member Rosansky and Ms. Beatificato discussed whether or not drug testing
pick -ups and drop -offs were encompassed within Condition 14 (Deliveries).
City Attorney Hunt advised Council regarding two legal issues which Ms. Beatificato
raised during her testimony relative to hearsay and lax foundation, and collateral
estoppels as it applies to the administrative citations which Morningside Recovery has
not formally challenged.
Maintain Our Residential Neighborhood (MORN) President Joel Slutzky believed that
there has been a pattern of violations. He requested that the audience applaud if they
were in favor of terminating the Development Agreement with Morningside Recovery,
and many members of the audience responded accordingly.
Michael Brandt - Zawadski discussed the legality of the Development Agreement, the
protection of Single - Family Residential (R -1) Zones, and equal protection versus special
protection.
Volume 60 - Page 217
City of Newport Beach
City Council Minutes
July 26, 2011
In response to Council Member Sehch's question, City Attorney Hunt stated that the
Zoning Agreement is valid under the law.
Barbara E. Lichman, legal counsel for Maintain Our Residential Neighborhood
(MORN), believed that the Development Agreement is not valid pursuant to
Government § 65865(a); that credible evidence has been presented to the City Council
by which a decision may be rendered; that Webster's dictionary defines dehuery as a
conveyance; and that a Settlement Agreement cannot legally waive applicable Zoning
Codes. She urged Council to terminate the Development Agreement with Morningside
Recovery.
Jim Nagel spoke in support of the termination of the Development Agreement with
Morningside Recovery, citing the alleged secondhand smoke emanating from the
treatment center on Ima Loa Court which could potentially affect the health of his
children.
Tom Larkin stated that Lido Village and Morningside Recovery facilities are one- in -the-
same according to the Planning Commission, and believed that Morningside Recovery's
facilities are potential fire hazards.
Alan Beek thanked Council and the City for their support relative to John Wayne
Airport (JWA) issues, and requested similar unity in the Morningside Recovery fight.
Cindy Koller urged Council to consider the number of hours that Concerned Citizens
has spent over the last five years attempting to document the negative impacts of
Morningside Recovery. In addition, she noted for the record that the ADP facility has
left 39th S- reet, and that the State will not help the City regarding complaints against
Morningside Recovery.
Dick Nichols believed that the authority for the agreements is nonexistent.
Hearing no further testimony, Mayor Henn closed the public hearing.
City Attorney Hunt advised Council that the administrative citations issued against
Morningside Recovery were issued based on facts. He agreed that Morningside
Recovery had addressed many of the specific issues staff called out in the June 15
letter; however, have not addressed the elimination of the ongoing pattern of violations
also called for.
Code Enforcement Supervisor Cosylion described the Code Enforcement process which
ensures that there is sufficient evidence to support the fact that a violation has occurred
prior to the issuance of an administrative citation. City Attorney Hunt also described
the process to establish foundation for photographic or video evidence supplied by the
public.
Mayor Pro Tem Gardner stated that the original Development Agreement was a good
idea that just did not work.
Mayor Henn emphasized that all contracts rely on good faith, and that Morningside
Recovery has demonstrated a fundamental pattern of violating actions which asks for
forgiveness rather than permission.
Volume 60 - Page 218
City of Newport Beach
City Council Minutes
July 26, 2011
Motion by Mayor Henn, seconded by Mayor Pro Tern Gardner to a) determine
that Morningside Recovery, LLC is in default under the terms of the Zoning Agreement
based upon substantial evidence; and b) introduce amended Ordinance No. 2011 -20
terminating Development Agreement No. 2010 -001, and pass to second reading on
August 9, 2011.
Council Member Rosansky stated that he was not convinced that the Lido Marina
Village violations and disturbances fell under the letter of the agreement, but that the
noted deliveries outside the hours of 9:00 a.m. to 5:00 p.m. indicate an unwillingness to
live up to the spirit of the agreement.
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
XDL MOTION FOR RECONSIDERATION -None
XX. ADJOURNMENT - Adjourned at 9:10 p.m. in memory of Chin Helen McLaughlin
City Manager Kiff announced that the August 9 Council Meeting will be adjourned in
memory of former City Manager Kevin Murphy.
The agenda for the Regular Meeting was posted on July 21, 2011, at 1:45 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording
Mayor
Volume 60 - Page 219
.sir. ,