HomeMy WebLinkAbout01 - Minutes - 04-26-11Agenda Item No:
May 10, 2011
Ell 3411111111 1 WAR
City Council Minutes
City Council Study Session
April 26, 2011 — 4:00 p.m.
I. ROLL CALL i
i
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None
2. PARKING METER DEMONSTRATION, AND MAP OF REPLACEMENT
METERS. l ; 1
Administrative Services Director McCraner introduced the Central Parking staff,
provided the cost benefit analysis, di "scits'ed the phases for meter replacement,
showed an example of the new parking meter; noted that some lots are not slated for
transition at this time, and indicated that multti- spaced parking meters can provide
an option to print a receipt.
Bob Kemper, Director of Municipal Services. for Centi•a1,Parking, showed a video to
demonstrate how multi -space meters work `,provided;', meter location maps,
and discussed the parking meter replacement plan-
In response to- Council questions, Mr: $emper and Administrative Services Director
!McCraner elaiified that receipUs can only be issued by multi- spaced
meters, explained how cell phone transactions are performed, indicated that parking
meter tops w6be added- to,existing pops, stated that pay -by -space street parking is
not
,preferred by comparable diies,reported that the parking meters are PCI Level 1
compliant,-added that'the next phsse -might require more meters to be added during
. the summer, stated tliat; revenue updates will be brought to Council on a regular
basis, and reported that staff will assess the need for parking meters in Big Corona.
3. `.,CODE ENFORCEMENT.
`i `
Code- EnforcementjSupervisor Cosylion utilized a PowerPoint that included the past
and current organizational structures,the benefits of staff reorganization,
technological improvements, reactive vs. proactive enforcement, responsibilities of
Code Enforcement Officers, departmental violations, photos, and current issues.
In response to Council questions, Code Enforcement Supervisor Cosylion stated that
staff has the ability to query violations by the property owner's last name to check
for multiple property owner violators and explained that some cases go directly
to the Office of the City Attorney. City Attorney Hunt stated that the City Charter
was updated to allow better enforcement, achieve compliance, and increase fines. He
noted that Code Enforcement Officers will continue to work with the Office of the
City Attorney and stated that violations are handled on a case -by -case basis.
Bob Rush believed that the City is on the right track, commended Code Enforcement
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City Council Study Session
April 26, 2011
Supervisor Cosylion for his work, stated that he looks forward to more aggressive
enforcement, and commented on the Hoag Memorial Presbyterian
Hospital Development Agreement.
Denys Oberman commended Code Enforcement Supervisor Cosylion and asked
about the City's policy relative to abatement.
Jim Mosher apologized for previous remarks regarding Council's attendance at
committee meetings and believed that City departments should not be reorganized
without public's input and an adopted ordinance.
i
Mike Sovaresky echoed comments made by Council regarding consistencies of due
process and how different entities are treated under the enforcement process. He
suggested that staff provide a policy that wiRy� make" --,the code enforcement
strategy consistent.
S
Mayor Henn directed staff to come back with a policy or ordinance that will be
enforced consistently and addresses cumulative' violations. He` addressed the
distinction of code enforcement for Developmenf�Agreements as distinguished from
ordinary residential or commercial viol"at'ions i
Council Member Daigle commended Code, Enforcement staff and agreed that
department restructuring should be brought to Council.
City Manager Kiff thanked staff far their'hard work, stated that an ordinance will be
brought to Council regarding departm nC; restructuring, addressed abatement
issues, and asked Council to clarify the scheduls'- of,fines.''Acting Planning Director
Campbell stated, -that some violations do not progress to abatement. Code
Enforcement Supervisor Cosylion��added that violators usually handle their
violations after a notice or an admimetrative citation is issued.
Mayor Henn asked staff to provide a` complete code enforcement structure before
Council- decides',,on a--fine._schedule and thanked Code Enforcement Supervisor
Co_eyliori for hi efforts.
III.
In response to Jim Moshi
II.A. will1discuss existing
IV. ADJOURNMENT - 5:15
The agenda for the Re
the City Hall Butted
Administration Buildit
concern,`.City Attorney Hunt stated that Closed Session Item
ration and is protected under attorney -client privilege.
lar Meeting was posted on April 21, 2011, at 1:40 p.m. on
Board located outside of the City of Newport Beach
Recording Secretary
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City of Newport Beach
City Council Study Session
April 26, 2011
City Clerk
Mayor
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City Council Minutes
City Council Regular Meeting
April 26, 2011 — 7:00 p.m.
II. CLOSED SESSION - 5:15 p.m.
A. Conference with Legal Counsel - Existing Litieation (Government Code 6
-.
54956.9(a)): One matter:
Status Report on Pending Litigation:,We will report on a�global basis on all
pending litigation involving the City. This is an informational item`ouly. No action,
however, maybe taken on any item unless it is specifically noticed below';"_,
13
One matter:
Based upon facts and circumstances not known £o ?a, potential plaintiff or plaintiffs,
and as a result need not be discl'sed-(Section 54956,9(b)(3)(A)), a point has been
reached where the City Council will meet "to : -(1) determine based upon the advice of
its legal counsel whether there is a significanFexposure to?litigation against the City
(Section 54956.9(b)(2)); and if so,'(2) to discuss those facts and circumstances and
potential action regarding the same((SeCdon 54956.9 )(3)(A)).
C. Public Employee Performance Evaluation (Government Code & 54957(b)(1)):
The City ' Council will meet in closed session to consider the appointment,
employment, 6'aluati,o`n-- of_.performa4ce, discipline, or dismissal of one public
employee:
i- Title: City Attorney
III. RECESS;��
IV. RECONVENE AT 7:00 PM. FOR REGULAR MEETING
i7
V. ROLL CALL,
Present: Council`Member Hill, Council Member Rosansky, Mayor Henn, Mayor Pro Tem
Gardner, Council Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Hunt reported that there was no
reportable action
VII. PLEDGE OF ALLEGIANCE - Council Member Hill
VIII. INVOCATION - Mr. Frank Carpenter
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April 26, 2011
IX. PRESENTATIONS
Orange County Transportation Authority (OCTA) Presentation of Resolution of
Appreciation to Newport Beach for Partnering to Deliver Needed Transportation
Solutions - Huntington Beach Mayor Pro Tem Don Hansen reported that the City received
$40 million in Measure M funds and presented the City with the OCTA Resolution of
Appreciation.
Presentation of check to the City by Scott Paulson, President of Friends of OASIS -
Scott Paulson provided a background about the Friends of OASIS and the extensive
volunteering that they do at the OASIS Senior Center. Mr. Paulson and Evelyn Hart
presented the $390,000 check to Mayor Henn that represents the`Friends of OASIS' total
budget for 2010. `
OPISnetwork presentation of the Judi Kaminishi Award f Excellence - Norm Bour,
OPISnetwork, presented certificates to the winner /14 the Judi Kaminishi Award of
Excellence, Gay Himebaugh, and to the runner - ups .- `Micheal Fletcher' Phillip Yoo, and
Millie De Is Cruz.
X. NOTICE TO THE PUBLIC ! i
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGEN6A-,FOR DISCUSSION, ACTION OR
REPORT (NON - DISCUSSION ITEM) 1ti,
Council Member Hill reported that he,atteriiied; the Coron')el Mar joint meeting of the
Residents Association and the Busmess� improvement District \the Newport to Ensenada
t,
Race kick -off dinner, and the Chamber of'Commeree'annual• scholarship awards breakfast.
Mayor Pro Tern Gardner added that cycling safety in Coro a•'del Mar was discussed at the
joint meeting.
Council Member 'Daigle announced that residents can see a write -up about each of
the Chamber of Commerce scholarship winner's in the Daily Pilot. She 'reported that, while
participating in-the Orange-Couiity Victims Rights March and Rally, District Attorney
Rackauckas_comme`nded the Newport Beach=Police Department and asked if the City could
adopt an• ordinance that.creates a child safety zone that restricts registered sex offenders in
parks'
Maybi Henn announced that the Newport Beach Police Department took first place in the
Baker to�Vegas Relay Race for the 9th year in a row; reported that he attended several
Newport toEnsenada Race,events; reported that the July 4th Committee will hold a meeting
on May 4th to,ieview updated planning for this year's holiday; and announced that the next
Meet the _ Maydr- 'event Al be on May 7 from 9:00 -10:30 a.m. at the Community Youth
Center. (CYC). He,also;Announced that he completed the Boston Marathon last week.
City Manager Kiff wanted residents to be aware that the OC Marathon takes place Sunday
morning. He also announced that budget discussions will begin at the May 10 study session.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS
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City Council Minutes
April 26, 2011
OF APRIL 12, 2011. Waive reading of subject minutes, approve as
amended, and order filed.
Mayor Pro Tern Gardner requested that page 111 be amended to
reflect that she was asking for suggestions for a temporary street
closure for a cycling event.
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. r
B. RESOLUTIONS FOR ADOPTION
3. RESOLUTION SUPPORTING AN APPLICATION BY THE CITY OF
IRVINE FOR ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) MEASURE M2 TRAFFIC "SIGNAL 'SYNCHRONIZATION
PROGRAM FOR JAMBOREE ROAD. [100 -2011] Adopt Resolution No.
2011 -33 supporting the City of Irvine's application for the OCTA Measure
Traffic M2 Signal Synchronization Progiam for the Jamboree:Rnad Corridor
Project from Portola Parkway- to.MacAithur Boulevard. y�
4. SPECIAL EVENTS TEMPORARY,,BUSINESS LICENSE. [100 -2011]
Adopt Resolution No:. 2011 -34 which~�would 1) reduce the business license
tax for exhibitors, vendors . and other event service providers at permitted
.,
special events to $20 (the-fee• -.can be adjusted annually by the Consumer
Price Index); 2) require aspecral event orgamzei• -to include, with any special
event permit applicatiori;?.,a roster 4 of- exhibitors; vendors and other service
providers participating in'the speeral event; and 3) require a special event
organizer- to,'collect such bus)ness license tax from each of its exhibitors,
vendor §, and! „other service :providers, and remit such payment to the City
prioiJto the special event.
C. CONTRACTS,: ND�AGREEMENTS !.
5 ''REVIEW ;;OF w SEAWALL STRUCTURAL INTEGRITY AND
SEAWATER',_:OVER- TOPPING ASSESSMENT FOR BALBOA AND
LITTLE \� BALBOA ISLANDS - APPROVAL OF THE THIRD
AMENDMENT TOLTHE PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST INTERNATIONAL CONSULTANTS, INC. [381100-
2011] Approve Amendment No. 3 to the Professional Services Agreement
with Everest International Consultants, Inc. of Long Beach, to perform
,`additionalitasks requested by staff at a contract price of $15,466, and
all
, thorize`the Mayor and City Clerk to execute the Amendment.
6. 2010.;2011 OCEAN PIERS MAINTENANCE - AWARD OF CONTRACT
NO. 4682. [381100 -2011] a) Approve the project drawings and
specifications; b) award Contract No. 4682 to Associated Pacific
Constructors, Inc. for the total bid price of $316,700, and authorize the
Mayor and City Clerk to execute the contract; and c) establish an amount of
$47,500 (15 %) to cover the cost of unforeseen work not included in the
original contract.
8. PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA
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XIII.
XIV,
CONSULTING LLC FOR ENVIRONMENTAL SERVICES RELATED
TO NEWPORT BANNING RANCH DEVELOPMENT. [381100 -20111
Receive and file.
D. MISCELLANEOUS
9. PLANNING COMMISSION AGENDA FOR APRIL 21, 2011. [100-
2011] Receive and file written report.
Rosansky to approve the Consent Calendar, except for the item removed (7); and
noting the amendment to Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member,R`osansky, Mayor Henn, Mayor Pro
Tem Gardner, Council Member Selich; Council Member Curry, Council
Member Daigle
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. ANIMAL SHELTERING SERVICES. [387100 -20111
Council Member Rosansky
Society and was impress(
shelter encourages people to
that he
Cameron Cireca expressed concern about
because they are not,conducive to getting.l
Mindy Mille- T, Miss Kitty Rescue, sta
She also ex "pressed concern that the
She hoped that this could be address
that the City wauld; di's_cuss_tbis w
the
the Orange County Humane
ovided and noted that the
,us shelter did not.
the cages at the new shelter
ted that she is pleased with the improvements
cages are half the size of the previous cages.
ed�at a later date. City Manager Kiff indicated
itl�'the shelter, but the City needs to get the
vices with the Orange County Human Society.
Gardner to approve the execution of an agreement with the Orange County
Humane Society far the provision of animal sheltering services in an amount not to
exceed $94,000 annually for a period of two years, with the City option to renew for
ihree additional one -Year terms.
The motion carried by the following roll call vote:
Ayes: Courie l',,Member Hill, Council Member Rosansky, Mayor Henn, Mayor Pro
Tem Gardner, Council Member Selich, Council Member Curry, Council
Member Daigle
PUBLIC COMMENTS
Bettina Derringer discussed inconsistencies relative to City - imposed fines, especially as it
relates to Morningside Recovery and issues with use permits, parking requirements and
business licenses.
Willis Longyear expressed issues with Morningside Recovery and requested that the City
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April 26, 2011
require Morningside Recovery to vacate the property by a date certain.
Denys Oberman noted that the City discussed code enforcement during the study session,
but believed that Morningside Recovery demonstrates a disregard for City regulations. She
expressed the opinion that Morningside Recovery's presence hinders economic revitalization
for Lido Village.
Mayor Henn reported that the City is moving forward with issuing Notices of Violations
(NOVs) to Morningside Recovery. City Attorney Hunt confirmed that NOVs have been sent
and Morningside Recovery has responded; the City will continue to,;monitor the situation
and enforce the zoning agreement; and will continue to review the -weed for increased code
enforcement when the City is not obtaining compliance in a timely manner. He stated that
staff will keep the City Council and community informed.
XV.
Council Member Daigle reported that the Aviation.Committee discussed'noise monitoring
locations in the City and that she will be visiting the San Francisco Airport Roundtable.
Mayor Pro Tem Gardner reported that the titidelanda'Resource Managemeni�,Committee
received a presentation from a Harbor Commission Subcommittee regarding their visioning
for portions of the Bay.
XVI. PUBLIC HEARINGS
10. NEWPORT THEATRE ARTS CENTER ELECTRONIC SIGN - 2501 CLIFF
DRIVE (PA2011 -063). [100 -2011] \� ;
Associate PlannerBrown utilized \a Powe , oint presentation to display the location
of the Theater%and` what type of sigrage they are requesting. Acting Planning
Director Cau Dbell indicated that the, Zoning Code has changed since the OASIS
Senior Cenier_,requested their sign, so it neci
M ay or Henn ope ged -the public hearin
the ublicearin
Council Member,'Rosan'sky,pointed out that
fully operated by Volunteer's,
;ated tonight's review.
Hearing no testimony, he closed
the Theater is owned by the City but is
to-adopt ResolutionfNo. 2011 -35 granting an exemption of the provisions of Chapter
20.42;.,and approving retrofitting the existing marquee sign with a new electronic
LED ctiarigeable copy sign.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Mayor Pro
Tem Gardner, Council Member Selich, Council Member Curry, Council
Member Daigle
11. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), FISCAL YEAR
2011 -2012 ACTION PLAN. [100 -20111
Acting Planning Director Campbell reported that this is an annual report and
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discussed grant amounts, funding allocations, and loan repayments.
In response to Council questions, Clint Whited of LDM Associates, reported that
City administrative costs account for 17% although it can be as high as 20 %. Acting
Planning Director Campbell discussed the competitive bid process that LDM
Associates underwent and indicated that this will continue to be a service that will
be bid out in the future. He confirmed that the City is required to have a fair
housing component. Mr. Whited indicated that the U.S. Housing and Urban
Development (HUD) has not determined the exact amount the program will decrease
but HUD's estimate is 16 %. He further explained how the ,City's Section 208 loan
repayment qualifies as a CDBG fund. r
Mayor Henn opened the public hearing.
the public hearing.
Gardner to approve the 2011 -2012 CDBG A
2011 -36 adopting the 2011 -2012 Action Fl` n
1) submit the Action Plan to HUD with a
necessary to conform the allocations��o.r
allocations and currently unallocated fund
execute the FY 2011 -2012 CDBG Progra
documents on behalf of the City; 3) execute
for -profit organizations receiving�allocatiom
execute a one -year contract extensiorfwi
amount not to exceed $60,000 do admi
Affordah!e Housing Covenants; and 5
Director or his/hef designee to be the of
Beach to submit eouired environmental'
Hearirig`no testimony, he closed
�- seconded livvMavor Pro Tern
Lion Plan; and c) adopt Resolution No.
and' authorizing the Citb-- Manager to:
�yirmodifications to prcjecf .allocations
IUD's final 2011 -2012 CDBG grant
in the City's account with HUD; 2)
,-Grant Agreement and all related
subrecipient agreements with the not-
of CDBG finds in the Action Plan; 4)
DM Associates, Inc. (year 2 of 3) in an
nistee_ the CDBG) program and to monitor
,authorize-the "Community Development
ficial representative of the City of Newport
documentation for CDBG projects.
The motion,carried by 'the following roll call vote:
Ayes: Council Member 'Hill;- Council Member Rosansky, Mayor Henn, Mayor Pro
rem-- Gardner', Council -Membgi `Selich, Council Member Curry, Council
Memb'er.Daigle`�'� -'
12: 2010 -2015 REG'IQNAL 'ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING
`,CHOICE. [100 -20-111
Acting Planning Director Campbell provided the staff report and indicated that staff
chose` o. do a regional analysis.
Mayor Henn opened the public hearing. Hearing no testimony, he closed
the public hearing.
Motion by Council Member Rosansky, seconded by Mayor Pro Tern
Gardner to a) approve the 2010 -2015 Regional Analysis of Impediments to Fair
Housing Choice; and b) adopt Resolution No. 2011 -37 authorizing the City Manager
to submit the 2010 -2015 Regional Analysis of Impediments to Fair Housing Choice
Certification to HUD.
The motion carried by the following roll call vote:
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April 26, 2011
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Mayor Pro
Tem Gardner, Council Member Selich, Council Member Curry, Council
Member Daigle
13. DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW - 2011 -
FOR NEWPORT HARBOR LUTHERAN CHURCH (DA 10, PA2009 -137) AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DA 5, PA2009 -064).
[381100 -2011]
Acting Planning Director Campbell discussed the Newport Harbor
Development Agreement and finds that it is in good faithsubst
with the agreement. Regarding Hoag Memorial,yHospiti
Development Agreement, he stated that they are ale `o`in good
compliance and discussed the lighting plan, landscaping,—aoundi
loading dock area. He announced that Hoag . completed the•,wi�
program for Villa Balboa and reported that they have not app]
improvements this year.
In response to Council questions, Actin
Hoag met their lighting requirements
softer light; planted the appropriate n
forward in correspondence are not subs
is not in compliance.
Mayor Henn opened the public hea-
Dennis O'Neil, representing Hoag Me:
they agree with-, findings
recommendation:
Lutheran Church
sntial compliance
1 Presbyterian's
faith substantial
,all, and enclosed
idow replacement
ed for any major
ung Director Campbell'indicated that
iluntarily changed the bulbs to emit
of trees; and that the issues brought
issues to warrant a finding that Hoag
1X
tal Presbyterian, indicated that
--that Council approve staffs
Erik Thurnl er state&that the cogeneration plant sound test concerns relate to the
measuremehfs,not being done while`.the four cooling towers were operating; the
location of the "sound— test;. and that the test did not take wind conditions into
�:.t� r
account.
-,.,,Barbara Batsi '_stated,ihat she was under the impression that the Newport Harbor
Lutheran Church classroom.plans would be available tonight.
James Miller stated that the` church is excited to be able to use the development
agreement, believed that the fees were supposed to be waived, and stated that the
churclr,would be Happy to speak with Ms. Batson to ensure that the project will not
Regarding tbe, church, Senior Planner Garcia stated that the project would require a
public hearing and notices will be mailed.
Dick Runyon expressed concerns about the use of the plume data supplied by Hoag,
the number of data CDs available to the public for review, the lack of landscape
screening, lighting issues in the parking lot, and that the project is exempt from
CEQA.
Jim Mosher referenced page 21 and noted that the City has yet to claim
the $150,000 to be used for Sunset View Park.
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Nancy Knight discussed issues related to sound, lighting in the lower campus,
landscaping, the sound test, and the cogeneration plant.
Ross Rabutto expressed concerns related to the secondary loading dock, thanked
Hoag for the new windows, and requested that the soundwall be extended by 60 feet.
Ms. Schuler expressed appreciation for the soundwall but requested that it be
extended. She indicated that the trees need to be cut down because it obstructs the
view to the Harbor.
Hearing no further testimony, Mayor Henn closed the.:public hearing.
In response to Council questions, Hoag Hospital Project Manager Carey Brooks
discussed the types of trees that were planted, the use ofthe parking lot in question
and the need for lighting in that lot, and the voluntaiydecrease in lighting levels
that has already occurred. He stated that he sari find out when all four towers will
be operational, they will replant the vines,,-and that the engineers completed the
sound tests to the satisfaction of City staff. Acting Planning Director Campbell
confirmed that staff makes sure that four towers are running duri g.the sound test
and that the acoustical engineer can aildress}ylitd conditions during next;;vear's test.
to a) find that Newport Harbor Lutheran 'Church has demonstrated good faith
compliance with the terms of-their developmeni,agreement; and b) receive and file
the Annual Status Report 'of `lle9elopment Agreement with Newport Harbor
Lutheran Church.
The motion carried by the following roll call- i vote:
Ayes: Council Member Hill, Council-Ml tuber Rosansky, Mayor Henn, Mayor Pro
Tem, ,Gardner,; Council Member Selich, Council Member Curry, Council
Member Daigle'.;
Regarding Hoag,-Hospital's Development Agreement, Council Member Rosansky
r _.._� - ess
stated -that he was,gl_ad that progr ess has been made with some of the elements and
sil at anything;that can be done at the secondary loading dock would be appreciated.
He requested that staff`look into the light issue. Acting Planning Director Campbell
added that the City can hiie a third party review at Hoses expense to evaluate the
'sound test and that,, the protocol will be reviewed in advance of the test.
Motion by Council Member Rosansky, seconded by Council Member Curry
to a)"And that Hoag Memorial Hospital Presbyterian has demonstrated good faith
compliance with the terms of their development agreement; and b) receive and file
the Annual Status Report of Development Agreement with Hoag Memorial Hospital
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Mayor Pro
Tern Gardner, Council Member Selich, Council Member Curry, Council
Member Daigle
14. T- MOBILE TELECOMMUNICATIONS PERMIT (PA2011 -021 AND
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TELECOMMUNICATIONS PERMIT NO. TP2011 -005) - 20311 ACACIA
STREET - FOR THE INSTALLATION OF NEW TELECOMMUNICATIONS
ANTENNAS ON THE ROOF OF A TWO -STORY OFFICE BUILDING - THE
ANTENNAS WILL EXCEED THE 37 -FOOT HEIGHT LIMIT FOR THE AREA
BY 3 FEET 10 INCHES. [100 -20111
Council Member Daigle recused herself..
Motion by Council Member Currv. seconded by Council Member Selich to
continue the item to the May 24, 2011 City Council meeting.
The motion carried by the following roll call vote:
i i
Ayes: Council Member Hill, Council Member Rosansk' —J Mayor Henn, Mayor Pro
Tem Gardner, Council Member Selich, Coun&Membe`Curry
15. MALARKY S IRISH PUB APPEAL (PA2010 -172) `~4011 NEWPORT
BOULEVARD - AN APPEAL OF,fTHE;;PLANNTING `COMMISSION'S
APPROVAL OF CONDITIONAL.USE PERMIT NO. UP2010 -039 AND
COMPREHENSIVE SIGN PROGRAM_ NOA S2011 -002, AUTHORIZING THE
EXPANSION AND REMODEL OF AN'EXISTING EATING AND DRINKING
ESTABLISHMENT WITH LATE ALLOWING THE USE OF
OFFSITE PARKING. [10020111 HOURS-AND , _
Council Member Hill believedr fhat'this item warranted additional discussion to
further define the use of the operator'license permit `ordinance and whether it is an
appropcate tool in this case. He indicated $bathe vote&fgr the ordinance in order to
give the Police Department authority to control some of the issues that occur after
11:00 p.m.` =
Acting Plan ,n , Director staff Campbell,` provided a sta report. Associate Planner
Murillo utilised a PowerPoint presentation to discuss the location as it relates to
other bars iri:�the `area, the proposed plans, signage, the March 13 Planning
Commission meeting; `the. appeal of tCondition No. 10, operator licenses, and 11
yncre aa'eu vu:.upau�y�wuveriia.
In response tu'Council� .questions, Associate Planner Murillo indicated that
!_ the establisbment� must maintain an operator license. Police Captain Fox indicated
that the operator license will.not account for the additional people that will be out in
the streets during, the late hours. He expressed support for the operator license
permit because itallows the Police Chief the ability to alter the hours of operation
and security operations, and anything related to the establishment and parking lot;
however, fit is difficult to tie any problems back to the operator. He indicated that
late hour
' I stablishments are a drain on resources and a problem for the community.
Captain Fo' %indicated that having staggered closing hours may assist with Police
resources but the request still creates more patrons in the area. Acting Planning
Director Campbell indicated that the establishment is a bar that serves food until
11:00 p.m. and indicated that staggering closing hours may create a competitive
disadvantage. Captain Fox discussed Police staffing levels due to the 3:30 a.m. shift
change.
Council Member Daigle indicated that she opposed the operator license ordinance
because of the appeal process and communication issues between the Police Chief
and the City Manager. City Attorney Hunt agreed that the Police Chief is the
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April 26, 2011
decision maker but there will be a process to provide notice and provide the public
with the opportunity to be heard. The same is true for the City Manager's appeal
process in order to protect the rights of all individuals involved.
Mayor Henn opened the public hearing.
Mario Marovic, applicant, provided letters of support
discussed his background and indicated that he wants to
bring in better demographics. He indicated that the
number of patrons at 11:00 p.m. is unfeasible and suggest
allowing any entries starting at 1:00 a.m. He highlighted
done to date and the proposed improvements he would lik
is not requesting a full build -out. He reported on theiric .
steps he will implement in order to better the establishmei
residents who support and oppose the project, questioned ]
and showed a video. He
create a better facility to
restriction to reduce the
ed requiring that he stop
the improvements he has
e to do, and noted that he
46 patrons to leave at 11:00 p.m., discussed issues with Police
and indicated that Malarky's is a long term business for him.
Landmark in Corona del Mar, Mr. Marovic indicated that he
as soon as the Police Department- made ,him aware
improvements he did to that establishment:.; '%
Joe Reiss utilized a PowerPoint presentation an
expansion but believed that the patio should close
meeting with Mr. Marovic, the;staff-i_ecommenda_
meeting, and Planning Commission's - decision. He
closing time and the number of patrons in tlerare
that the operator license is an effective tooljfor busi
Police Dt
expressed
and Cond.
Drew
that 1
Craig Batley
to how the of
',to see how the
`hours. etc. if
Bob Rdsli-exp
Member Hill
Council Mem
his campaign
tie
;ed security and other
He displayed a map of
`he is supposed to ask
`Reporting District 15,
Regarding issues with
;orrected -the problems
of them
d stated that he supports the
at 10:00 p.m. He discussed his
on at the Planning Commission
'took issue with the 2:00 a.m.
a from all the bars. He believed
nesses and parking lots, but the
r•�problems to its origin. He
i about Condition 26'(televisions and amplified noise on the patio)
(security plan), adding that the area has enough bars.
stated that he supports the restaurant improvements but believed
ini the_number of patrons is a public safety issue. He displayed
)t&sand Dail" -Pilot .articles.
xeste&and received clarification from City Attorney Hunt relative
or license works. Mr. Batley indicated that he could be persuaded
ahlishment.functions, as long as the Police Department can change
eeded. He noted that the applicant wants to improve his
tt�Council's decision may set a precedene for future operators.
concern that the applicant's Facebook page has a link to Council
paign webpage and provided a copy of the Facebook page.
1 stated that he met Mr. Marovic less than 30 days ago and that
ae has not been active for some time.
Bruce Shomberger stated that he lives near many of the bars in the area and
expressed his support for Mr. Marovic's plan. He noted that many of the photos
displayed occurred prior to Mr. Marovic instituting his security plan. He believed
the problem is when people drink on the beach and asked the City to find out what is
happening instead of limiting someone who has already made a substantial
investment in the area.
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City of Newport Beach
City Council Minutes
April 26, 2011
Judith Deaton expressed support for the proposed plan and liked that there would
be more sit down areas for dining. She agreed that people drink on the beach and
that the problems do not necessarily come from the bars in the area.
Margo Leonard believed that, when Mr. Marovic makes improvements to Malarky's,
the clientele will be upgraded.
Rick Lumas commended Mr. Marovic for all the improvements he has made to
Malarky's, stated that he does not believe it is a bar, and noted that Mr. Marovic is
only trying to improve the establishment.
Logan Rogers expressed opposition to the Malarky's, ,expansion plan, believing
that the establishment already has enough patrons.
Denys Oberman commended Mr. Marovic for what he is trying to do, but the City
needs to consider public safety and look atrover concentration. She suggested
limiting the number of patrons to 120 andlelosing the patio at'•1_'0:00 p.m. or 11:00
p.m. �,..
George Schroeder expressed supportfo
happen after 11:00 p.m. He reference
on page 87, and a newspaper article
pointed out that the City is trying to i
not add more problems by allowing,mo.
3vements but concern'for what will
report and drunk in public arrests
of Mr. Marovic's employees. He
z area and requested that the City
,in the area.
Robert llarpin took issue with`the cohdition that requires a capacity decrease at
11:00 p.m. He suggested allowing full occupancy until 2:00 a.m., allowing Mr.
Marovic to complete the improvements, and imposing,the operator license if it does
not work
Richard Glassman expressed 'support for the Planning Commission's
recommendation and;be 'eve d thatCouncil should listen to the Police Department.
Frank._Bassell eipre ed support for, the renovations but concern for how Mr.
Marovic is-supposee 't 46 paying customers to leave.
Meredith Flee `nei .expressed appreciation for what Mr. Marovic is doing to improve
Malarky's. %' I
'Gordon Brock stated that he is in favor of all of Mr. Marovic's improvements. He
alsotiexpressed concern for the establishment if it had to ask people to leave at 11:00
p.m.
Doug Sienfracca' stated that the City needs to support the businesses that
are investing,a? lot of money into the Peninsula and expressed concern for asking
people to leave before closing.
Cindy Farney stated that three generations of her family meet at Malarky's
regularly and that she patrons all of Mr. Marovic's establishments because of the
quality of the establishments.
Oliver Fleener noted that the City should support business owners who are willing
to invest in the area, especially since vacancy rates are up and rental prices have
been cut. He expressed concern for what will happen to the area when City Hall
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City of Newport Beach
City Council Minutes
April 26, 2011
moves.
Huff Francosi thanked Mr. Marovic and Catellus for improving the parking lot and
shopping center. He stated that the City needs to encourage people to spend their
own money back into the City and believed that the development will bring a higher
clientele.
Tony Buchecco stated that he was an investigator for ABC for 17 years and indicated
that the ABC would discourage any type of condition limiting „patron capacity since
it may open the business owner to discrimination issues.,,-He believed that this
condition would be a burden for Mr. Marovic and stated that any complaints that
ABC receives regarding discrimination are investigated- and could result in the
deletion of any disciplinary action imposed by the Cityj� `.
Brenda Martin expressed support for Mr. N
behavior is occurring between 2:00 a.m. and
Hugo Arbulles believed that the imp
attracting responsible partiers and con
believed that the City should let Mr.lIVl
so he can demonstrate to the City that
requests.
>vyds proposal, believing that the bad
�0 a.m.`�i
mts;in the area over, the years is
:d,the Malarky's improvements. He
run his establishment as',he proposes
capable of honoring the community's
Brian Harrington noted thatlthe -City was built`aound tourism, he likes having a
place he can go to when he geia off'work at 9:66 p.m. or 10:00 p.m., expressed
appreciation to Mr. Marovic for building Elie- parking lot;; and noted that Mr. Marovic
is trying to make the establishment better. ,He beheved that Mr. Marovic should get
the chance to prove himself as a business owner and that there will be consequences
if he cannot. ti
Brett Rettig discussedi his observations as a City lifeguard, stated that he also works
at Malarky s and reported that Mr. Marovic even made him attend LEAD classes.
He expressed s`u`pport for. tbe_project.
Mario Ma'ro%ic,,applicant, stated ` ihat -he only met Council Member Hill and Mayor
.'Henn recently;,'pjointed ,out that he would not invest in this establishment and
increase security,cto encourage or allow bad behavior, took issue with some of Mr.
Wetherholt's photos, explained the support/opposition map, and reiterated his
concerns relative fo asking 46 random people to leave the establishment. He again
suggested amending the condition to require no further entry beginning at 1:00 a.m.
He�ndted his desires to improve Malarky's, the community outreach he conducted,
and the vocal majority.
Hearing no:fukher testimony, Mayor Henn closed the public hearing.
Council Member Hill stated that he recognizes that the area has a problem, but
believed that this project could be part of the solution. He discussed issues with
underaged drinking and reported that Mr. Marovic delivered many illegal drivers
licenses to the Police Department because he does not allow that. He stated that
Mr. Marovic needs to be able to operate and get a return on his money, but the City
needs to utilize the operator license if problems arise. He suggested moving forward
and take appropriate action immediate if things in the area get worse.
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City of Newport Beach
City Council Minutes
April 26, 2011
Motion by Council Member Hill, seconded by Council Member Curry to
adopt Resolution No. 2011.39 approving Conditional Use Permit UP2010 -0369 and
Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions
included within the Resolution, but allowing full occupancy of 166 until 2:00 a.m.,
and stop allowing entrance into the establishment starting at 1:00 a.m.
Council Member Curry agreed that asking 46 people to leave is not a practical way
to run a business. He commended Mr. Marovic for implementing additional security
and offering the suggestion to stop entry into the establishment at 1:00 a.m. He
believed that Mr. Marovic is making a major investment into, -a place that needs it.
He asked that the City find a way to make high -end establishments work
economically.
Mayor Pro Tem Gardner questioned how the reduction of patrons by 46 people would
work and the need for the televisions on the patio when no other establishment can
have them. She believed that Malarky's should,serve food until t_closes.
Council Member Selich believed that the.:operatp'r.- 'license ordinance will allow good
businesses a chance to operate and pro a themselves, and expressed `support for the
motion. ,
Council Member Daigle stated that she supports the 120 person limit, but expressed
concern about the Police Department's shift ckinge during the crucial after closing
hours. Police Captain Fox clarified that the Police,Department's concern is with the
total number of people. \\
Mayor Henn stated that the areaNhas too
license ie a good idea, but does not addre
people going . into the�streets late at.nig
the City allows more bar capacity, it will
He discussed the full capacity numbers
until 11:00 `qm. could be uneconomical
. ,
the -ldhg term fix
Substitute mot
adopt Resolution
Comprehensive
,included within
of-166 people ur
at midnight, rec
at 10:00.pm., aj
Mario Marovc':helieved that stopping entrance at midnight will only make those
people go to another location.
who is i
many_bars. He indicated that the operator
ss,the increase in the number of intoxicated
tit and causing trouble. He believed that, if
never make the Peninsula situation better.
and questioned how doubling the capacity
for Mr. Marovic. He noted that this has
good operator, but the bigger policy issue of
by-,Mayor Henn, seconded by 1Vlayor Fro Tem Gardner to
,. 201-1 =39 approving Conditional Use Permit UP2010 -0369 and
i Program No. CS2011 -003, subject to findings and conditions
Resolution, with the amendment that allows the full occupancy
:00 a.m., stops allowing entrance into the establishment starting
s full food service until midnight, stops alcohol sales on the patio
lotus the patio to remain open until 11:00 p.m.
Council Member Hill emphasized that the operator license can be implemented
immediately if the establishment is acting inappropriately. He believed this is
worth the risk, especially considering how much money Mr. Marovic will be
investing.
Council Member Rosansky indicated that he can support the motion if alcohol is
allowed to be served on the patio until 11:00 p.m.
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City of Newport Beach
City Council Minutes
April 26, 2011
XVII.
Amended substitute motion by Mayor Henn, seconded by Council Member
Curry to adopt Resolution No. 2011 -39 approving Conditional Use Permit UP2010-
0369 and Comprehensive Sign Program No. CS2011 -003, subject to findings and
conditions included within the Resolution, with the amendment that allows the full
occupancy of 166 people until 2:00 a.m., stops allowing entrance into the
establishment starting at midnight, requires full food service until midnight, and
allows the patio to remain open and sell alcohol until 11:00 p.m.
Mr. Marovic expressed concern that midnight is too early to stop allowing entry into
Malarky's and noted that he spoke with the Police Chief about-`stopping entry at 1:00
a.m. and he liked the idea.
Mayor Henn indicated that the item can be
determine the economic feasibility associated
by Council Member Selich to continue
meeting.
The motion carried by the following roll4al
Ayes: Council Member Hill, Council Mem
Tem Gardner, Council.,Member S
Member Daigle
Discussion ensued relative Eo Council
being discussed after 11:00"p .m It
continue with the remainder of the z
members of the audience who.wa ted" t
order for Mr. Marovic to
r to the May 10 „2011 City Council
',
Rosansky, Mayor Henn, Mayor Pro
;-,,Council Member Curry, Council
olicy A -10- relative to agenda items
,vas-the consensus of Council to
en"A- ems since there were many
discuss their items.
16. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE
TO REVIEW APPL A
ICATIONS ND'1MAKE RECOMMENDATIONS TO THE
FULL- COUNCIL '-FOR THE —BOARD AND COMMISSION VACANCIES
SCHEDULED TO OCCUR ON JUNE 30, 2011. [100 -2011]
Mayor Henn announced that, with Council confirmation, he will be appointing
- himself, Mayor Pro Tem Gardner, and Council Member Selich to the Ad Hoc
',Appointments Committee.
City'Attorney Hunt recommended adding the Building and Fire Board of Appeals to
this year s. list of Board and Commission vacancies. He suggested that there be no
more thar� three vacancies at this time and noted that this begins the process of
having the Board of Appeals consistent with the City Charter.
Motion by Council Member Rosanskv, seconded by Council Member Curry
to a) include the Building and Fire Board of Appeals to the hat of Board and
Commission vacancies; and b) confirm the Mayor's appointment of Mayor Henn,
Mayor Pro Tem Gardner, and Council Member Selich to serve on the Ad Hoc
Appointments Committee to review applications and make recommendations to the
full Council for the Board and Commission vacancies scheduled to occur on June 30,
2011.
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City of Newport Beach
City Council Minutes
April 26, 2011
Jim Mosher referenced Charter Section 702 and questioned why there would only be
up to three openings. City Attorney Hunt highlighted the provisions of Charter
Section 700 et seq and Council Policy A -2, and indicated that staff needs to work out
an appropriate staggering of terms and other details.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Mayor Pro
Tem Gardner, Council Member Selich, Council Member Curry, Council
Member Daigle >>
17. ORDINANCE NO. 2011 -12 AMENDING NEWPORT'-BEACH MUNICIPAL
CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN
11 RESIDENTIAL DISTRICTS. (100 -20111
City Manager Kiff provided a staff report.
Motion by Mayor Fro Tem Liardner, seconded by Uouncil Member Curry to
introduce Ordinance No. 2011 -12 amending Newport Beach Municipal "Code Title 6,
Chapter 6.04 (Garbage, Refuse and Cuttings) by� revising Section 6.04.055 , and pass
to second reading on May 10, 2011. !'
Bill Martin expressed support for still allowing-the use of electric leaf blowers.
Ken Rawson expressed support -,for -the ordinance, in concept, but recommended
banning the use of all leaf blowers.
'c �
Council Member Rosansky indicated that he will -not lie supporting the motion
because the ordinance does not
nuisances like,g6 powered mo
blowers will be using.' i
Council
expressed
leaf blowers are =louder_el
ordinance will be uuenfor
Mayor Pro Tem,, Garin
compromise and`siated tl
_,Mayor Henn stated that
types of leaf blowers.
e the problem and,does not address other noise
or!edgers, or the generators that electric leaf
to the ordinance, believed that electric
gas - powered leaf blowers, and that the
:r noted that excluding electric leaf blowers was the
at she will be supporting the motion.
he will support the motion but would prefer a ban on all
Council,Member Daigle expressed concerns about enforceability, especially when
code enforcement' is understaffed. She also expressed concern about requiring
homeowner associations to opt out of the program.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Henn, Mayor Pro Tem Gardner, Council Member
Curry
Noes: Council Member Rosansky, Council Member Selich, Council Member Daigle
18. LOUD AND UNRULY GATHERING ORDINANCE. 1100 -20111
Council Member Curry believed that this item should be continued, noting that he
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City of Newport Beach
City Council Minutes
April 26, 2011
supports the fines but is concerned with the process. He also believed that the issue
is that the unruly parties have not been shut down. He suggested that the Office of
the City Attorney and the Police Department meet with property owners to discuss
the fines and how the ordinance would be implemented.
Motion by Council Member Curry, seconded by Council Member Daiele to
continue the item to the May 10, 2011 City Council meeting.
Police Lieutenant Hartford assured everyone that it is the Police Department's
intent to gain compliance. He believed that the ordinance would be an effective tool
in addressing loud and unruly gatherings, and to address individuals or responsible
parties that are causing the problems. He stated that st6d met with Craig Batley,
West Newport Beach Association (WNBA) and Burr White, and came to a common
agreement.
Craig Batley expressed concern that the Police Department could overstep their
authority, ut noted that he supports pports the concept and is in favorbfthe revisions that
were provided this evening. He questioned' the need for four fines, encouraged the
Police to shut down the parties, and;reiterated' the need for the landlord/property
owner to make tenants aware of the ordinance-
George Schroeder expressed concern that,- if'the item is continued, they would be
heard after the Malarky's issue again. He ndted -'that he initially had concerns but
will give the Police Department the benefit that`the ordinance will not be abused.
He believed that the ordinance need@ to be implemented by July 4 so that people's .
mindset will begin to change about tfie-area., He suggested moving forward, but
adjust the fines if needed.
Amo Murdy requested a continuarice,an'd a chance to discuss this with the Police
that the ordinance is flawed.
Jo King expressed concern that, even if the lease has provisions, tenants will
disregard them. She stated that something needs to be figured out that is fair, there
needs- to --be mo•e "4scussion;.:and_ requested to meet with the Police Department
about-the fines and'hbw they can be adjusted.
Carmen Rosa noted that;she tries to fix any problem with her properties, but the
tenants may not be respons e. She asked if there is a payment plan if the tenant is
unable to pay the fine. She believed that the ordinance can be improved.
Kei , Rawson believed that there are many steps that are needed to improve the
Peninsula and turn it into a better family environment. He indicated that he
supports- =the idea but believed that the problems during July 4th are a bigger
problem thah,imposing fines could fix, Mayor Henn indicated that the ordinance is
part of the solution and that the July 4 Committee will be meeting on May 4 to
discuss the plan.
Jim Mosher believed that Title 10 needs to be redone, the ordinance is not an urgent
item, and suggested referring it to a committee.
Council Member Curry noted that the City received comments regarding the terms
of the process from an apartment association, believed that property owners need to
meet with the Police Department and that the Police Department needs to rethink
the fine process.
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City Council Minutes
April 26, 2011
Council Member Rosansky suggested discussing this item on May 10 before the
Malarky's deliberations.
Mayor Henn pointed out that there are substantial protections for property owners
in the ordinance and believed that the ordinance is needed for the July 4th holiday.
In response to Council questions, Police Lieutenant Hartford believed that the
ordinance is needed for the July 4th holiday. He confirmed that the ordinance
provides relief to property owners and has been reviewed extensively by the Office of
the City Attorney. He noted that there are other area of the City that could benefit
from the ordinance applying Citywide.
Mayor Henn indicated that he could agree to the- 'rem6vs 1, of the fines in Section
5.95.060.13 in order to move this forward for lie holiday: ' .,City Attorney Hunt
confirmed that, if the ordinance is approved for first reading and the fine amounts
are amended, that would be considered a -substantive change `and would require
another first reading.
The motion carried by the following rolhcall voter �.
Ayes: Council Member Hill, Council Member, Rosansky, Council Member Selich,
Council Member Curry,i Council Member Daigle
Noes: Mayor Henn, Mayor Pro T` m,Cardner
XVIII. MOTION FOR RECONSIDERATION'-,None
XIX. ADJOURNMENT - Adjourned at 12:18 a.m. on Wedneseay, April 27, 2011
The agenda for the;Regular Meeting wad posted on April 14, 2011, at 1:40 p.m. on
the City Hall Bulletin Board located- .butside of the City of Newport Beach
Administration Building. ;l
Recording Secretary
City Clerk
Mayor
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