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HomeMy WebLinkAbout02/12/2013 - Regular Meeting! '! Hill City Council Minutes Regular Meeting February 12, 2013 — 7:00 p.m. I. STUDY SES ION - 4:00 p.m. 1I. CLOSED SESSION - 4:37 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 883 West 15th Street, Newport Beach 92663; APN. 424 - 011 -37 Agency Negotiator: Dave Miff Negotiating Parties: Michael Mooslin, First Church of Christ, Scientist Under Negotiation: Instruction to negotiator regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 4 matters Michael San Kwon. v. City of ;'Newport Beach, et. al. Orange County Superior Court Case No. 30. 2011 - 00500773 Hyun Myung Suk v. City of Newport Beach, et. al. Orange County Superior Court Case No. 30.2012- 00577284 Sunyl Chung v, City of Newport Beach, et. al. Orange County Superior Court Case No. 30- 2012- 00576929 County of Orange v. Air California et. al. United States District Court. Case No. CV 85.1542 (TJH) (MCx) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Leilani Brown, City Clerk III. REC SS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 61 - Page 49 City of Newport Beach City Council Minutes February 12, 2013 V. R.QLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Harp announced there was no reportable action and confirmed Council Member Daigle was not present during Closed Session due to an excused absence. VIL PLEDGE OF ALLEGIANCE -Council Member Petros VIII. INVOCATION -Melinda Blackman, Harbor Christian Church Proclamation Designating February as American Heart Month Mayor Curry invited Marissa Fortune to the podium to accept a proclamation designating February as American Heart Month. Ms. Fortune thanked the City and addressed the mission of the American Heart Association. She introduced Judy and Ray Brandt, both heart disease survivors to speak. Mrs. Brandt stressed the importance of increased awareness of heart, disease and educating the public regarding heart health providing an example of their experience. X, NOTI E TO THE PUBLIC XL CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBE S WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEM Council Member Daigle reported attending a meeting of the Southern California Water Committee. California Department of Water Resources Director Mark Cowin spoke regarding focusing Northern California's water supply. Daigle reported that the Bay Delta Plan is in its final stages and that a State water bond should be on the ballot within twelve months. She reported Governor Jerry Brown is trying to jump start the long - stalled project to bypass the Delta with an alternate conveyance and faces opposition from Northern California and environmentalists who believe that stabilizing supplies will be growth - inducing. She listed strategies in developing the Delta Plan and reported that the CEQA process will be completed within the next month.. She addressed concerns over climate change and next steps in the process. Council Member Henn announced the Balboa Village Advisory Committee (BVAC) will meet Wednesday, February 13, 2013 at 4:00 p.m, at the ExplorOcean offices and invited the public to attend. Volume 61- Page 50 City of Newport Beach City Council Minutes February 12, 2013 Council Member Gardner stated she attended a recent meeting of local governments where it was mentioned it is generally difficult to obtain information in most cities, however the City Manager and the Public Information Officer of Newport Beach are very approachable and transparent. Council Member Gardner reported receiving a call from a resident who has been listening to generator noise related to new construction for two weeks. She requested the City Manager bring the issue of generator usage to the Council at a future meeting to discuss potential resolution to the matter. Council Member Petros reported on a recent meeting with residents of Newport Shores. He reported that the U.S. Army Corps of Engineers has started a dredging project on the Seminouk Slough, adjacent to Banning Ranch. Dredged material will be conveyed in a pipe across the beach along the 61st Street Lifeguard Tower to a point about 1,000 feet off shore. Petros asked staff to present a report back to the Council regarding the City's ability to dredge the Newport Slough, adjacent to the Seminouk Slough. Mayor Pro Tern Hill referenced a communication received from Centennial Mayor Don Webb about bringing the formal City seal to the new Civic Center site. Mayor Curry reported speaking at four government classes at Newport Harbor High School as well as the Junior Statesmen of America Chapter on January 23, 2013, and commented positively on the experience. He stated on January 25, 2013, he represented the City on KNX radio. Additionally. he attended the Fire Awards Presentation event on January 31, 2013 along with other Council Members and spoke at a Holocaust Remembrance program in Santa Ana. In addition, he represented the City during a Newport Business Council dinner and met with Aaron Kushner, the new owner of the Orange County Reg ster. In addition, he participated and spoke at the Public Policy Academy sponsored by the Association of California Cities, Orange County and announced the completion of the Newport Harbor Lower Bay dredging project at the Mayor's dinner on Friday, February 8, 2013. XIL PUBLIC COMMENTS ON CONSENT CALENRAR Mayor Pro Tem Hill announced he would recuse himself from Item No. 15, as he owns property within 500 feet of the subject property. Council Member Daigle indicated a "No" vote on Item No. 4, Council Member Selich announced he would recuse himself from Item No. 4, as he owns a residential dock. Mayor Curry opened public comments on consent items. Jim Mosher made a correction to Item No. 5 and addressed Item No. 13, stating he does not believe allowing a proliferation of large -value on -call contracts is wise and referenced the City Manager's internal policy noting that the on -call mechanism was intended for very small jobs. He felt that the process does not provide the necessary oversight nor allow for competitive bidding to obtain the best price. Volume 61 - Page 51 City of Newport Beach City Council Minutes February 12, 2013 Kelly O'Neill commented on Item No. 6 expressing concerns regarding the repair of fencing with the property as well as having her phone line properly buried. Hearing no further testimony, Mayor Curry closed public comments. Deputy Public Works Director David Webb reported that Ms. O'Neill's concerns will be passed on to ensure her fence and phone line are in working order upon construction completion. He additionally commented on on -call services, noting that the City performs a lot of capital. work and that the on -call agreements are based on professional services and based on qualifications not costs. He added that the City goes through a competitive selection process approximately every two years and that it is advantageous for the City to use on -call staff because of the large number of projects covered. XHI. CONSENT CALENDAR, A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE JANUARY 22, 2013 STUDY SESSION AND REGULAR MEETING. [100 - 20131 Waive reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR INTRODUCTION 3. NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH ECOLOGY AUTO PARTS INC., A CALIFORNIA CORPORATION. [241100- 20131 a) Adopt Resolution No. 2013.13: A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts Inc., a California Corporation, to conduct a public hearing on February 26, 2013 to consider the award of a Non - Exclusive Solid Waste Franebise to Ecology Auto Parts, Inc., a California Corporation, b) direct the City Clerk to publish Resolution No. 2013 -13 within 15 days of its adoption; and c) introduce Ordinance No. 2013 -2: An Ordinance of the City Council of the City of Newport Beach Granting a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc., a California Corporation to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach, and pass to second reading on February 26, 2013. C. ORDINANCE FOR ADOPTION 4. ADOPTION OF ORDINANCE NO. 2013 -1 AMENDING THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES. 1100 -20131 Conduct second reading and adopt Ordinance No. 2013 -1: An Ordinance of the City Council of the City of Newport Beach Amending Chapter 3.36 and Title 17 of the Newport Beach Municipal Code Relating to Commercial and Non - Commercial Tidelands Uses. Volume 61 - Page 52 City of Newport Beach City Council Minutes February 12, 2013 Council Member Daigle announced a "no" vote on this item. Council Member Selieh recused himself on this item because he owns a residential pier. D. RESOLUTIONS FOR ADOPTION 6. SUMMARY VACATION OF EXISTING SEWER EASEMENTS AT 212, 216, 220 AND 224 KINGS PLACE. [100 -2013] a) Adopt Resolution No. 2013 -14: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 212 Kings Place (Lot 5, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; b) adopt Resolution No. 2013 -15: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 216 Kings Place (Lot 4, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; c) adopt Resolution No. 2013.16: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 220 Kings Place (Lot 3, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Officer; d) adopt Resolution No, 2013 -17: AResolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 224 Kings Place (Lot 2, Block D of Tract 1219), and Directing the City Clerk to Record Same with the County Recorder's Office; and e) direct staff to process the summary vacation of said easements, and direct the City Clerk to have all Resolution sand summary vacation documents recorded by the Orange County Recorder. 6, SUMMARY VACATION OF STREET RIGHT -OF -WAY AT 912 EAST OCEAN FRONT. [100 -20131 a) Adopt Resolution No. 2013 -18: A .Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation and abandonment of Street Right- of -Way (East Ocean Front) Adjacent to and Contiguous with 912 East Ocean Front (Lot 21, Block 14 of the Balboa Tract), and Directing the City Clerk to Record Same with the County Recorder's Office; b) direct staff to process the summary vacation of said right -of -way, and c) direct the City Clerk to have the resolution and summary vacation documents recorded by the Orange County Clerk Recorder's Office. E. CONTRACTS AND AGREEMENTS 7, IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5035. [381100- 2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; b) authorize the City Clerk to release the Labor and Materials Bond 65 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 this Council acceptance. Volume 61 - Page 53 City of Newport Beach City Council Minutes February 12, 2013 8. BULKHEAD AND SEAWALL REPAIRS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4897. [381100 -20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; b) authorize the City Clerk to release the Labor and Materials Bond 65 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 this Council acceptance. 9. TIDEGATE RETROFITS AND UPGRADES - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5116. [381100 -20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; b) authorize the City Clerk to release the Labor and Materials Board 65 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 this Council acceptance. 10. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION - AWARD OF CONTRACT NO. 5152. [381100 -2013] a) Approve the project drawings and specifications; b) award Contract No. 5152 to NOBEST, Inc. (NOBEST) for the total bid price of $1,1.95,000.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $196,000.00 (15 %) to cover the cost of unforeseen work and anticipated additional concrete work not included in the original contract. 1I. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER DC &E FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN NEWPORT MIXED USE RESIDENTIAL DEVELOPMENT LOCATED IN THE AIRPORT AREA (C 4941). [381100 -20131 Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the Agreement. 12. APPROVAL OF AMENDMENT NO. 6 WITH EPT DESIGN (C -3766) AND AMENDMENT NO. I WITH BONTERRA CONSULTING (C -3449) FOR ADDITIONAL FINAL DESIGN AND ENVIRONMENTAL SERVICES SUNSET RIDGE PARK. [381100 -20131 a) Approve Amendment No. 6 to PSA with EPT Design (EPT) for final design services at a not to exceed price of $202,033, and authorize the Mayor and City Clerk to execute the Amendment; and b) Approve Amendment No. I to PSA with BonTerra Consulting (BonTerra) for environmental services at a not to exceed price of $139,550, and authorize the Mayor and City Clerk to execute the Amendment. 13. APPROVAL OF AMENDMENT NO. I TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. (C- 5042). [381100 -2013] Approve Amendment No. 1 to the January 18, 2012, On-Call Professional Services Agreement with Coast Surveying, Inc. to increase the contract limit to $250,000 for continuing on -call surveying services, and authorizing the Mayor and City Clerk to execute the Amendment. Volume 61 - Page 54 City of Newport Beach City Council Minutes February 12, 2013 F. MISGELLAN,EOUS 14. PLANNING COMMISSION AGENDA FEBRUARY 7, 2013. [100 -20131 Receive and file. 15. FINAL TRACT MAP NO. 16594 FOR 2300 NEWPORT BOULEVARD. [100- 20131 Review and approve Final Tract Map No. 16594 located at 2300 Newport Boulevard pursuant to Section 19,60.010 of the Newport Beach Municipal Code (NBMC). Mayor Pro Tem Hill recused himself on this item because he owns property within 300 feet of the subject location. 16. CITY COUNCIL PRIORITIES 2013. 1100 -20131 Receive and file the finalized listing of City Council Priorities for 2013. 17. APPROVE BUDGET AMENDMENT FOR THE 2014 HARBOR REGIONAL GENERAL DREDGING PERMIT. 1100 -20131 Approve Budget Amendment No. 13BA -031 appropriating $100,000 from the unappropriated Tidelands Fund reserves to Account No. 7231- C4401001 for professional services related to the 2014 dredging Regional General Dredging Permit. 18. APPOINTMENT TO THE BALBOA VILLAGE ADVISORY COMMITTEE (BVACI. [100 -2013] Confirm the Mayor's appointment of Council Member Tony Petros to assume Mayor Curry's position on BVAC. Motion by Mayor Pro Tem_Hill, seconded by Council Member Henn to approve the Consent Calendar; noting the recusal by Council Member Selich on Item 4, the "no" vote by Council Member Daigle on Item 4, and the recusal by Mayor Pro Tem Hill on Item 15. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Noes; Council Member Daigle on Item 4 Recusal: Council Member Selich on Item 4 and Mayor Pro Tem Hill on Item 1.5 XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Mayor Curry opened public comments for non - agenda items. Volume 61 - Page 55 City of Newport Beach City Council Minutes February 12, 2013 Barbara de la Pena expressed concerns regarding the U.S. Army Corps dredging project relative to appropriate public notice and the quality of dredging material being placed offshore. She referred to a conversation with Public Works Director Webb regarding this matter, and claimed his response to be "rude." She claimed that the Coastal Commission gave a negative determination on the issue, based on previous projects and expressed her concerns, reporting that "two- thirds" of the core samples taken were unacceptable for beach or off -shore placement. She requested an apology from Mr. Webb and suggested that the City look at other options for placement of the dredged materials. Jim Mosher referenced a letter he sent to the Board of Education asking them to agendize where the Newport -Mesa School District boundary should be near the Uptown Newport project. Additionally, he referenced Measure EE relative to class- action claims, reporting that in three weeks, at 9:00 a.m., in the City of San Francisco, the California. Supreme Court will be hearing a case, McWilliams vs. Long Beach, which is intended to address the matter. Hearing no further testimony, Mayor Curry closed public comments for non- agenda items. XVI. ORAL REPgRTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported he is working with staff to reconvene the Bicycle Committee. Council Member Daigle reported that the Citizens' Aviation Committee meets on the fourth Monday of the month at the Central Library at 8:00 a.m. and invited the public to attend. She stated tha -.t one of the issues that the Committee is addressing is retaining GE Aviation /Naverus to address departure issues related to John Wayne Airport. She indicated their mission is to address the feasibility of developing more precise departure procedures to benefit the residents of the City. She added that the City has met twice with the FAA who has made adjustments to one departure procedure, resulting in impacts to the community. Council Member Daigle stated that further adjustments are needed to develop a new departure procedure (RAWLZ) and therefore, the City has retained GE Aviation /Naverus to build its case. Council Member Daigle reported that representatives of GE Aviation /Naverus visited the City on February 6th and met with local community members so that Naverus staff members could understand the various concerns raised by citizens. She stressed the need for a unified position, commented positively on the meeting and thanked those that participated, noting a report will be presented to Council. XVII. PUBLIC HEARINGS 19. RESIDENTIAL LOT MERGER CODE AMENDMENT - CODE AMENDMENT NO. CA2012 -007 (PA2012- 1.02). 1100 -2014 Community Development Director Brandt introduced the item noting that it was generated from a request from former Mayor Gardner. She deferred to staff for a report. Volume 61 - Page 56 City of Newport Beach City Council Minutes February 12, 2013 Planning Manager Patrick Alford presented details of the report noting the intent of limiting floor area on future lot mergers or reconfigurations of lots. He presented examples of eliminating setbacks which in turn are added to buildable areas and reported that the amendment would apply to future lot reconfigurations after the effective date of the ordinance. He reported that it would apply when the largest of the lots in the reconfiguration increasing in area by more than 50% and to older areas of the city. He detailed the 50% increase threshold and addressed the subject communities. Council Member Gardner noted that the matter came from the Planning Commission when it considered the Ocean Boulevard lot mergers where one of the considerations had been the loss of area that could provide visual corridors. Planning Manager Alford noted that the setbacks on the project referred to by Council Member Gardner where voluntarily increased. lie stated that staff looked into the possibility of mandating increased setbacks but there were possible compatibility issues. He reported that there are many variables to consider and that increased side setbacks may not work in every situation. Council Member Selich believed that consideration would be given to increasing distances between buildings and felt that the proposed change doesn't do so. Mayor Pro Tem Hill commented on wanting to encourage lot mergers in certain areas and felt that the issue is one of massing where it would be addressed with setbacks that vary as heights go up. He indicated he would not support the matter, as proposed. Council Member° Gardner stated a concern in her part of town that the City would be losing its character if it doesn't provide some kind of controls. She agreed with the need to address massing. Mayor Curry opened the public hearing. Walter Richardson noted that Balboa Island and Corona del Mar are very special and unique neighborhoods within the City of Newport Beach, based on lot size and square footage of the houses. He noted that this keeps property values high and creates a charming character in the area. He expressed concerns over allowing significant increases in the amount of buildable square footage and felt it would negatively impact the character of the area. FIe spoke in support of the proposed amendment and stated that comments from Council Members should be addressed and thanked Council Member Gardner for her comments regarding the importance of maintaining character. Jim Mosher referenced the truncated Planning Commission minutes and reported that for the last few weeks, the Planning Division has posted audios of its meetings. He stated that at the referenced Planning Commission meeting, there was confusion as to what Council was requesting and whether that had been properly filtered through City staff. One of the issues was why the increase in buildable area as a result of lot mergers would not apply to the whole city. He addressed other issues including the possibility of the matter leading to inequities depending on the specific history of properties. In addition, he reported that as presented to the Planning Commission, increases in street widths were recommended and that he suggested using increases in the area of the lot as a more sensible standard. Volume 61 - Page 57 City of Newport Beach City Council Minutes February 12, 2018 Hearing no further testimony, Mayor Curry closed the public hearing. In response to Council Member Solicit's inquiry regarding related policies from other cities, Planning Manager Alford stated that he is not aware of other communities with similar issues. He stated that they are usually addressed through the design review mechanism. He reported that other cities generally encourage lot mergers which bring properties into compliance with current day standards. Council Member Gardner felt that there are issues that have not been completely addressed and suggested continuing the item. Motion by Council Member Gardner, seconded by Mayor Curry to continue the item to allow additional time to address whether the item should only be applicable to older areas of the City and to consider setbacks and view corridors as well. In response to Council Member Henn's inquiry, Planning Manager Alford clarified the example presented, noting that the intent is that the areas added to the buildable area by the elimination of the interior side setbacks would be reduced, noting that the buildable area and the maximum floor area would have to be the same that existed prior to the reconfiguration of the lot. The figure in his presentation was not intended to be a representation of what the new proposal would be. Council Member Henn agreed that there is more work needed on the matter for clarification and addressed some of the comments made. City klanager Kiff sought direction from Council as to whether the item should go back to the Planning Commission and when it should return to Council. Discussion follc;xed regarding whether to send the matter to the Planning Commission or back to Council. Staff recommended bringing the item back to Council within six weeks, at least. Maker of motion agreed to continue the item to Council's second meeting in March. Mayor Curry agreed as well. It was noted that bulk and mass are issues of concern and Mayor Curry stated that care should be taken to avoid unintended consequences. City Manager Riff suggested continuing the matter to a study session. City Attorney Harp indicated a motion is not necessary and that staff will return the matter at a study session and re- agendize it appropriately. No action was taken on the motion. It was the consensus of the City Council to re- agendize this issue at an upcoming Study Session. 20, ZONING CODE AMENDMENT SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING FOR EMERGENCY SHELTERS - PA2012 -179 FOR CA2012 -009. [100 -2013] Volume 61- Page 58 City of Newport Beach City Council Minutes February 12, 2013 Community Development Director Brandt introduced, the item noting that they are follow- up items to Council's adoption of the Housing Element. She reported that through a review of the Housing Element with the State of California Housing and Community Development Department, they identified items that needed follow -up in order for the City to maintain its housing certification as it moves forward through the next Housing Element cycle. She deferred to staff for a report. Assistant Planner Melinda Whelan presented details of the report addressing details of the Zoning Code amendment, background, permitted uses within the Zoning Code and recommendations. Mayor Curry reported that actions are required in order to comply with State law. Motion by_Council-Member Selich. seconded by ('ionncil Member Gardner to introduce Ordinance No. 201.3 -4: An Ordinance of the City Council of the City of Newport B <:zch Adopting Zoning Code Amendment No. CA2012 -009 Regarding Single Room +3 -; mpancy Residential Hotels and Parking Requirements for Emergency Shelters (PA2012- K'9), and pass to a second reading on February 26, 2013, Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Clouncil Member Selich, Council Member Henn, Council Member Daigle XVIIL CURRENT BUSINESS 2L MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCALYPTUS TREE MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). (100 -20131 Council Member Daigle recused herself from this item since she receives income from telecommunication companies and proceeded to leave the dais. Community Development Director Brandt introduced the item and deferred to staff for a rry °.,ort. Associate Planner Fern Nueno presented details of the report noting that the proposed monopole can accommodate four telecom carriers including the proposed Verizon Wireless antennas. She addressed the project site, surrounding areas, site plan, existing buildings and telecom facilities, project plan, total potential antennas, tree materials, equipment enclosures, site photographs, photograph simulations and conditions requiring additional landscaping. In response to an inquiry from Council Member Petros, she addressed the distance between the proposed trees and the existing public right-of- -way. She noted that the proposed new trees are similar in height to the proposed faux tree. Director Brandt added that staff just received photo simulations of the faux and proposed new trees, but has not had time to discuss them with the applicant. Brief discussion followed regarding setback requirements for the equipment building. Community Development Director Brandt reported that it would be an accessory structure Volume 61 - Page 59 City of Newport Beach City Council Minutes February 12, 2013 that would need to comply with Municipal Code requirements. She added that there is no variance being requested in terms of the setbacks. Associate Planner Nueno addressed staff concerns relative to the location categories within the Municipal Code noting that staff feels that a higher priority location may be feasible. Additionally, staff has concerns with the height being requested above the fifty- four -foot height limit and is unsure whether the additional height is necessary. Presently, the site contains four carriers and the proposed project would allow a total of eight carriers on site. Staff is concerned there may be a potential of over - concentration of co- location telecom facilities and the proposal would allow current carriers to move to the faux tree location. Associate Planner Nueno reported that the coverage needs were not demonstrated within the application relative to the requested height and that the needs of future carriers were not demonstrated as well., She added that staff is unable to determine whether approval of the application at a lower height would result in a denial of service. In response to Mayor Pro Tem Hill's inquiry; Director Brandt reported that in conjunction with a review of the application, the applicant submitted coverage maps indicating coverage under the varying structure heights and are provided as part of Council's packet. However, distinguishing factors are not shown, especially in outlying areas. She noted that there is no information relative to the height potential additional carriers may need. She reported that staff has identified design options for Council to review and asked for Council direction. She addressed recommendations according to the various options presented. In response to an inquiry from Council Member Gardner, Associate Planner Nueno reported that tiiiis is the first faux tree application that Council has seen and listed existing monopoles within the City. Mayor Pro Tom Hill inquired regarding the process of establishing the priority of locations. Associate Planner Nueno reported that Council established them when it adopted the Telecommunications Ordinance as part of the Municipal Code in Title 15 and addressed its purpose. She listed the various priorities and their descriptions. Council Member Henn inquired regarding the maintenance of faux trees over time. Director Brandt reported that they have the potential to not age well as the foliage can fade over time and future extensions may not match the original tree. She reported that staff has had discussions with the applicant regarding appropriate maintenance for the proposed tree and they have agreed that they would have an aggressive and on -going maintenance program. This would be addressed through conditions of approval. Mayor Curry invited the applicant to address Council., Volume 61 - Page 60 City of Newport Beach. City Council Minutes February 12, 2413 James Rogers, representing the applicant, Mobilitie, LLC, reported that the organization is not a wireless carrier, but rather a commercial real estate developer who works with vertical assets instead of horizontal assets. He stated that the proposal is for a four- carrier wireless facility and Verizon Wireless will be the anchor tenant who will obtain the "choice" spot. He added that Verizon has not requested fifty -nine feet in height but, for a co- location to work there must be a specified vertical separation between sets of antennas. He explained that the lowest antenna would be at tbirty -seven feet to clear the church building and that the reason for choosing this location was because it is the only non - residential use in the area. Mr. Rogers explained the four - carrier design noting that they received letters of intent from four carriers, Verizon, Metro PCS, T- Mobile and AT &T. He acknowledged staff concerns relative to T- Mobile and AT &T because they are already on the site and the church has expressed interest in them re- locating as well to remove the existing clutter. By doing so, T- Mobile and AT &T will have improved service to their customers as the antenna heights will increase on the monopole. He addressed staff recommendations relative to increasing the cross height and reported a challenge in that the cross belongs to Sprint and neither they nor the church have any say in the matter and that in order to accommodate everyone the cross would need to be approximately seventy -five feet in height which would be impractical. He also reported that it would be impractical to modify the church building in order to better function as a wireless facility than a church.. Mr. Rogers stressed the need for the additional height stating that a fifty -foot structure would not accomplish the coverage necessary. He reported that if the tree were fifty -feet, only one or two carriers could be accommodated. Mayor Curry opened public comments for this item. Brian Barr, Member of the Board of Trustees of Harbor Christian Church, reported that they have been informed that a number of current wireless lessees on their site are interested in collocating to the monopole. He added that what the site presents is the turn to 4G Long -Term Evolution (LTE). He noted that it will be attractive, as the technology moves forward and acknowledged that this is a competitive business and is in the process of down- selecting where, in the long -term evolution, there may be fewer carriers. He spoke in support of the matter. Jack Golden, Member of the Board of Trustees of Harbor Christian Church, commented on the congregation's community involvement and service and spoke in support of the matter. He stated that the cell tower installation is seen as another way to improve community service. He reported that the income received by the church helps with its ministry and maintenance of their facilities and keeps their capital improvements up to date. Additionally, he listed other community groups that use their facilities. He suggested that concerns could be addressed through conditions of approval. Jim Mosher noted that the proposed project is near the Upper Newport Bay Nature Preserve, within the coastal zone and along a designated scenic road. He felt that the project will have negative visual impacts and spoke in opposition to the proposed project. He suggested that the Bay Corporate Plaza would be a more appropriate site for the proposed monopole or construction of a bell tower completely enclosing the antennas at the proposed site. Volume 61- Page 61 City of Newport Beach City Council Minutes February 12, 2015 Ava Goodwin - Noriega, Costa Mesa resident, wondered what rent would be paid to the church for these wireless communication facilities and reported on an existing faux tree at the corner of Harbor and Wilson. She expressed concerns with the potential negative visual impacts of a faux tree. Hearing no further testimony, Mayor Curry closed public comments. Mayor Curry invited the applicant to the podium to respond to questions. Mr. Rogers reported that the proposed faux tree is sixty -two feet and that the proposed live trees will vary in height between forty and fifty feet. He stated that the size of the trees at the time of planting will be determined within the landscape plan. Mayor Pro Tern Hill reported visiting the site and noted that the church has existing antennas on it which are not attractive and commented positively on removing some of those antennas. He reported visiting Fullerton to see the only faux eucalyptus tree in existence and opined that it is very attractive but is questionable at the point where the main trunk splits into three branches. He stated that the foliage does a good job in hiding the antennas. He stressed the importance of placing additional landscaping around the tree and suggested the possibility of adding trees of various heights so that they would block the section where the branches split from the main trunk. Mayor Pro tern Hill reported that he would support the item if the aesthetic challenges could be resolved. He did not believe that setbacks are an issue and stated that he doesn't have an issue with height. Motion by .Nia.yor _Pro Hill seconded by Mavor Curry to a) direct staff to generate appropriate conditions for the project; b) determine that the height of the monopole shoal =i be 62 feet; c) continue the application to March 26, 2013; and d) direct staff to return �, ith an appropriate resolution for adoption. Community Development Director Brandt reported that staff recommends continuing the aforementioned item to the Council meeting of March 26, 2013. There was no objection to the recommendation by staff. Council Member Selich asked the maker of the motion to include engaging the services of a landscape architect prior to the item returning to Council. Council Member Petros commented on ways to enter into the city from the north and did not feel that the proposed project would add to the experience. He expressed concerns with exceeding the City's height standards to accommodate future carriers. Council Member Gardner referenced the City's Telecom policies and felt that there are other options available. She opined that the proposed tree is ugly and stated that she will not support the motion. Mayor Curry agreed with the site suggested by Mr. Mosher relative to an alternative location for the proposed facility. He addressed the growth in telecommunications and noted the need for infrastructure to improve telecommunication services. Mayor Pro Tern Hill and Mayor Curry accepted the addition to the motion as suggested by Council Member Selich. Volume 61 - Page 62 City of Newport Beach City Council Minutes February 12, 2013 Council Member Selich indicated he will support the motion and agreed that the aesthetic concerns need to be addressed. He commented that the monopoles that he has witnessed that look bad are those that sit by themselves and by placing the proposed in a group of trees will help to mitigate visual impacts. Council Member Henn stated he will support the motion but that he wants to see how the aesthetic issues will be addressed and to make sure we understand the maintenance conditions that will be developed. He indicated that his support for the motion should not be construed as support for approval of the item when it comes back to Council. Amended motion by Mayor Pro Tem Hill seconded by Mayor Curry to a) direct staff to generate appropriate conditions for the project; b) determine that the height of the monopole should be 62 feet; c) continue the application to March 26, 2013; d) direct staff to return with an appropriate resolution for adoption; and e) direct the applicant to utilize the services of a landscape architect. The amended motion carried by the following roll call vote: k,es: Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn Noes: Council Member Gardner, Council Member Petros Recused: Council Member Daigle Council Member Daigle entered the Chambers and took her place on the dais. 22, INITIATION OF AN AMENDMENT TO THE COASTAL LAND USE PLAN AND ;COUNCIL POLICY ESTABLISHING AN ENCROACHMENT PROGRAM FOR EAST OCEANFRONT. [100 -20131 Mayor Curry acted that the aforementioned item was discussed extensively during study session and called for a report from staff. Community Development Deputy Director Brenda Wisneski presented details of the report including staff recommendations. Motions Council Member _Henn, seconded by Council Member Petros to direct st .ff to initiate an amendment to the Coastal Land Use Plan Policy 8.1.3 and City Council Policy 1,12 establishing an Encroachment Program for East Oceanfront. Council Member Henn added that while he understands that there are a lot of unanswered questions, there needs to be a construct to move forward in order to obtain the answers. He noted that there have been conversations with Coastal Commission staff and there is prospect that something like the proposed may gain approval. Council Member Gardner expressed concerns with moving ahead at this point because of the requirement for restoration. She stated that she would like to know upfront what the Coastal Commission considers as restoration. Council Member Selich agreed with Council Member Gardner's comment and stated that further consultation is needed noting that "restoration" has significant meaning to the Coastal Commission. He felt that additional information is needed in terms of what the costs will entail and indicated that he will not support the motion. Volume 61 - Page 63 City of Newport Beach City Council Minutes February 12, 2013 Substitute Motion by Council Member Selich. seconded by Council Member Gardner to deny the item and direct staff to ask the Coastal Commission biologist to perform a site survey, determine the definition of restoration, determine the extent of the area to be restored and develop a cost estimate and budget for the entire project. In reply to Council Member Daigle's request, Deputy Director Wisneski provided a brief overview of the item. She added that the first step in the process would be to consult with Coastal staff and return to Council with additional information related to restoration requirements. Mayor, Curry opened public comments for this item. Jim McGee, representing Peninsula Point Ocean- Front, homeowners, referenced a letter sent to Council outlining a proposal which sought to resolve the issues before Council. He noted intent to come to. some agreement with the Coastal Commission, Mr. McGee addressed the options available and felt that the proposed plan seems reasonable and noted that the City can bring a proposal to them, having the support of the City and residents, which would resolve legal issues associated with enforcement. He added that many problems faced by the City would be resolved because it would create a uniform policy, applicable to the whole city. He addressed generation of income by the City and urged Council to go forward with the plan recommended by staff, Council Member Gardner acknowledged the validity of some of the points made by Mr. McGee and withdrew her second of the substitute motion. Council Member Daigle wondered if the residents are on board with the proposal and Mr. McGee reporte l that although he does not represent all of the residents, his clients, who are spokespenons for the community, are all on board. He reported going through an exhaustive process to develop a proposal that is a compromise and stressed the importance of unity. Hearing no further testimony, Mayor Curry closed public comments for this item. Council Member Selich reiterated his concerns and highlighted getting the information before initiating the amendment. Council Member Gardner commented on the merits of the City presenting its plan rather than leaving the matter open for Coastal Commission input. The substitute motion failed for lack of a second. Mayor Curry stated that he believes Mr. McGee made a compelling case and noted that there are unpleasant options all around. He felt that the proposal does the best job in aligning the residents and the City in on -going negotiations that will occur with the Coastal Commission. Council Member Henn stated that when the item returns, he would like to understand the cost estimates broken down by the fifteen -foot segment as well as the remaining areas. Volume 61 - Page 64 City of Newport Beach City Council Minutes February 12, 2013 City Manager Kiff reported that Council would be in charge of that issue through the budgetary control process. Mayor Pro Tern Hill stated that the discussion has been relative to when and how to mitigate the matter with the Coastal Commission. He added that a unique element concerns the existence of an approved plan in another part of town and indicated that he would support the motion. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tem Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Council Member Petros Noes: Council Member Selich 23 INITIATION OF AN AMENDMENT TO THE ZONING CODE TO MODIFY THE MINIMUM LOT AREAMENSITY STANDARD FOR MIXED -USE ZONING DISTRICTS. 1100 -20131 Community Development Director Brandt introduced the item and deferred to staff for a report. Planning Manager Patrick Alford presented an overview of the proposal addressing background and noting there are smaller properties within the City which have difficulty meeting the minimum lot area /density standard for Mixed -Use zoning districts. He asked Council to provide direction and allow for increased flexibility in modifying or waiving the standard. Council Member Henn asked when the item is presented to Council; he would like to see examples showing the challenges in meeting the stated standards. Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. tlotion by Mayor Pro Tem Hill, seconded by Council Member Selich to direct staff to initiate an amendment to Chapter 20.22 (Mixed -Use Districts) of the Zoning Code. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tom Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Council Member Petros, Council Member Selich Volume 61 - Page 65 City of Newport Beach City Council Minutes February 12, 2 013 24. DECOMMISSIONING AND INTERIM USE OF THE EXISTING CITY HALL PROPERTY (3300 NEWPORT BOULEVARD). f731100 -20131 City Manager Kiff introduced the item, provided a brief update on the status of proposals for the old City Hall property and deferred to staff for a report. Public Works Director David Webb presented a PowerPoint presentation and included details addressing general task items, keeping the former Council Chambers open for community meetings, exterior barriers, removing existing shrubs, rails, stairways, roof access, interior barriers, existing landscaping, amenities and utilities. Brief discussion followed regarding maintaining the interior of the old Council Chambers. Public Works Director Webb addressed removal of existing signage and removal of the portable trailers. Brief discussion followed regarding options for disposition of the trailers and the possibility of salvaging them. Finance Director /Treasurer Dan Matusiewicz presented information regarding parking options and addressed an existing reciprocal agreement with the adjacent church. He addressed the pros and cons of each of three options presented including related costs. He presented recommendations as listed in the presentation and detailed the parking configuration as well as revenue assumptions and investment returns, and parking lot revenue and expenditures. Mayor Pro Tern Hill expressed concerns with formalizing the old City Hall parking lot as public parking on an interim basis. He felt whatever is planned for the property will have to be reviewed before the Coastal Commission. He addressed the time before the existing buildings will be demolished and the possibility of the Coastal Commission requiring replacement of the public parking spaces. Currently, the parking area is designated as commercial parking and he stated he would like for it to remain the same. He suggested negotiating a lease with the adjacent church and other business entities close by which may be interested in leasing a portion of the property. Director Matusiewicz noted staff is hopeful the City could reach an agreement with the Coastal Commission consistent with their goal of providing public access parking to the beach as long as they knew it was only interim, they may be agreeable. City Attorney Harp felt the Coastal Commission will probably impose conditions on the project and there is always a risk by creating the interim use as the Coastal Commission may see something they would like to make permanent. Council Member Daigle stated the City has done well with parking. City Manager Kiff explained the permit process with the Coastal Commission and expressed his concern that the Coastal Commission would seek to approve or deny pay stations in the City's own parking lot, He agreed with Mayor Pro Tern Hill's comments and noted there is no evidence people use the parking lot to go the beach. Volume 61 - Page 66 City of Newport Beach City Council Minutes February 12, 2013 In reply to Council Member Daigle's inquiry, City Manager Kiff reported that, upon the removal of the trailers, either wood chips or grass would be installed in their place. Discussion followed regarding the possibility of allowing food trucks and other events on the property to help with revenue generation. Public Works Director Webb stressed this would be an interim use and staff could explore other options for business use of the property. Council Member Gardner agreed with Mayor Pro Tem Hill's comments. She felt there could be opportunities for negotiating with nearby businesses while making a clear case this would not be public beach parking. Council Member Selich agreed with Mayor Pro Tem Hill's comments. He suggested shutting the whole site down to minimize future problems. Mayor Curry reported be parks there when he visits local business including the'theater. He indicated he would support the parking concept and negotiate with surrounding business; otherwise there is a lost opportunity. Council Member Petros questioned what effect the matter would have on future developments on the site and indicated the he would be interested in knowing details of the security plan and efforts for saving existing trees and plants. He suggested engaging the Police Department with security and the City Arborist regarding the latter. Council Member Henn stated he does not want the facility to look like it's been shut down and expressed support for the idea of maintaining the Chambers for use by community groups. He agreed with removing the trailers and suggested installing turf in the area rather than bark. In terms of chained -link barriers, he hoped that staff would find something more aesthetic than simple chained link fencing. Regarding parking, he shared the concerns of Council regarding the Coastal Commission and indicated if there is a way to structure agreements with surrounding businesses that would be preferable. Discussion followed regarding the need to go before the Coastal Commission to install pay stations and the possibility of leasing out parking to adjacent or nearby businesses. Public Works Director Webb addressed issues of parking control and enforcement to avoid general public use of parking. Mayor Pro Tem Hill stated that having the property secured and maintained is a benefit to the City. He noted the importance of reserving some of the parking spaces for use by the community and agreed with Council Member Henn's comment regarding removal of the trailers and re- sodding the area instead of placing wood chips. City Manager Kiff stated staff has general direction on everything but parking. He reported the concept for the fenced barriers is the netted blue or green chained link. Relative, to parking, he stated staff will do additional research and communicate with surrounding businesses to gain a sense of their interest of entering into a potential lease agreement with the City. Volume 61 - Page 67 City of Newport Beach City Council Minutes February 12, 2013 Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. Following discussion, it was the consensus of the City Council to move forward with the Decommissioning and Interim Use Plan, but bring back the parking issue for further discussion. 25. RESOLUTION NO. 2013 -19: RELATED TO THE CITY'S LEGISLATIVE PLATFORM; WASHINGTON DC ADVOCACY CONTRACT (C- 4032). [381100- 20131 City Manager Kiff noted there are small corrections needed within the document and requested input from Council. Council Member Gardner addressed support of Proposition 13 but wondered why a split roll property tax would be opposed by the City. Council Member Daigle reported there are various organizations that are considering a split roll of the property tax for commercial business interests and noted the reason for the opposition on split roll is to effectively advocate for the business and commercial development community. Mayor Pro Tem Hill commented on the matter noting that the State's ultimate goal is to eliminate Prop 13. Council Member Henn thought that the Platform should be reviewed annually. Council Member Daigle reported on a legislative item, a "Homeless Bill of Rights" going through the legislative process. She questioned how the City would handle the matter and listed functions for lobbyists going forward. She noted the region's Congressional Delegation was very helpful with the recent dredging project and suggested providing proclamations. Mayor Curry opened public comments for this item. Jim Mosher noted some of the issues within the document could be regarded as contentious. He states it is not appropriate for Council to adopt a position on the split roll issue, and the platform should not be indefinite, but be reviewed frequently. He highlighted additional corrections needed. Hearing no further testimony, Mayor Curry closed public comments for this item. Motion by Council Member Daigle, seconded by Council Member Petros to adopt Resolution No. 2013 -19: A Resolution of the City Council of the City of Newport Beach Approving a Legislative Platform, and authorizing the Mayor to issue statements and letters consistent with the Platform; and authorize the City Manager to extend the contract with Van Scoyoc and Associates in Washington DC for the duration of 2013 at $48,000 per year ($4,0001month) including an annual review of the item. Volume 61- Page 68 City of Newport Beach City Council Minutes February 12, 2013 The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tom Hill, Council Member Daigle, Council Member . Gardner, Council Member Henn, Council Member Petros, Council Member Selich 26. ESTABLISHMENT OF A NEWPORT HARBOR CAPITAL FUND. [100 -20131 City Manager Kiff referenced previous direction from the Council and the Tidelands Management Committee relative to the establishment of a Harbor Capital Fund. He presented a slide and reported the item has been reviewed by the Tidelands Management Committee and addressed how the proposed tidelands revenue would flow. Mayor Curry noted this is an important step in keeping faith with the community after having gone through the process of adjusting harbor rents. This will help the City keep focus on the Harbor Capital Plan during the time allotted. He commended staff for bringing the recommendation forward. Council Member Daigle commended staff on the item and questioned how future projects will be addressed. City Manager Kiff reported the harbor rent cannot pay for all of the needs of the harbor. In terms of future projects, (i.e. seawalls and dredging) he noted there will be three likely sources of revenue; the General Fund, this new Harbor Fund, and possible funding from the State and Federal government. City Manager Riff commented that the Fund's intent is to supplement rather than supplant existing Tidelands expenditures.. Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. Council Member Henn addressed the existing Tidelands Capital Plan and commented on the need to review it every year. Motion by Council Member Selich, seconded by Council Member Gardner to a) approve staffs proposal for the funding and use of the Harbor Capital Fund; b) authorize staff to seek the State Lands Commission's approval to establish the Harbor Capital Fund; and c) if and when the State Lands Commission consents to the creation of the Harbor Capital Fund, direct staff to .return to the City Council with a resolution and City Council Policy formalizing the Harbor Capital Fund's revenue and expenditure allocations. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tern Hill, Council Member Daigle, Council Member Gardner, Council Member Kenn, Council Member Petros, Council Member Selich 27. DIRECTION TO STAFF ON VARIOUS ISSUES. /100 -20131 Mayor Curry reported this item was placed on the agenda at his request and explained each of the issues. Volume 61 - Page 69 City of Newport, Reach City Council Minutes February 12, 2013 Council Member Gardner reported the City's Art Commission is working on a Master Plan and suggested that could be the starting point for examining possible funding uses for arts and cultural programs and projects in the community. Mayor Curry reported their comments are welcome; however this matter is to put in place an arts - related revenue stream which is for the purview of Council. Council Member Daigle clarified items to be considered. Council Member Henn suggested considering an annual or recurring funding source for arts and cultural developments in the City, in addition to the developer agreement source. He commented on the need to develop the city's arts community. Council Member Gardner commented on the need to change bookkeeping matters. Council Member Selich indicated his support and agreed with Council Member Henn's comments. Council Member Petros expressed his agreement with Council Member Henn and reported the City currently has a vibrant art community. Mayor Curry opened public comments for this item. Jim Mosher questioned if the Orange County Museum of Art will be closing in Newport Beach and if new efforts for art should take place. In addition, he remarked on the review of the provisions of the Municipal Code noting the job'is a huge undertaking. He recommended there be a mechanism for additional public input; especially if it relates to review the provisions of the Municipal Code. Hearing no further testimony, Mayor Curry closed public comments. Motion by Mavor Currv, seconded by Council Memher Selich to direct the City Attorney and City Manager to review the provisions of the Newport Beach Municipal Code and bring back an ordinance to the City Council repealing any outdated or unnecessary provisions; to direct the City Manager to direct a review of the City's Master Fee Resolution to identify fees or other charges which are unused or little -used and return proposed changes to the Resolution to the City Council; and to direct the City Manager and City Attorney to examine possible funding sources for arts and cultural programs and projects in the community, and return with concepts or ideas for the City Council to review and provide further direction. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tern Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Council Member Petros, Council Member Selich XIX. MOTION FOR RECQNSIDERATION - None Volume 61 - Page 70 City of Newport Beach City Council Minutes February 12, 2013 XX. ADJOURNMENT -Adjourned at 10:10 p.m. in memory of Jay Robinson and Lisa Jordan The agenda for the Regular Meeting was posted on February 7, 2013, at 4:43 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. di City Clerk Recording Secretary Mayor Volume 61 - Page 71