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HomeMy WebLinkAbout01 - MinutesAgenda Item No May 24, 2011 City Council Minutes City Council Study Session May 10, 2011 — 2:00 p.m. I. ROLL CALL Present: Council Member Hill, Council Member Rosansky, MaSy r Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR` =.None 2. FISCAL YEAR 2011 -2012 BUDGET 1.100 -20311 City Manager Kiff explained that this was4just the first of many opportunities to review the proposed Fiscal Year 2011 -2012 Budget, noting that the budget is not typically adopted until June.sHe� utilized a PowerPoint presentation that included a summary of prior year budget�aaions (FY 09 -10,FY 10 -11), budget principles, a fiscal sustainability plan, expected year' -end closing projections, FY 11 -12 revenue and expenditure projections, key initiatives-m.-FY 11T2, program changes, and critical decision points. In response to Council questions, Ciiy- Manager Kiff explained that capital outlay is a budget section that refers to minor purchases, such as equipment purchases; stated that the Tidelands Manageme`at Fund would generate more revenue to put toward the Capital improvement Programs (CIP); and clarified the amounts within the general fund`coniribution and the .C.IP, and explained their functions. 'Mayor Henn defined Employer Paid Member Contributions (EPMC) as the cost of retirement and pension benefits paid by the City on behalf of the employees. -Police Chief Johnson utilized a PowerPoint presentation that included a brief overview of the P,,olice Department's proposed budget cuts, core responsibilities to the community, net reductions, increases in sworn officers to patrol, positive impacts for the community, budget reduction impacts to the community and vetting options /direction for the AirBorne Law Enforcement (ABLE) program. He stated that there are' no layoffs in this plan and that anyone in a position that is being eliminated would be moved to a vacancy that currently exists in patrol. In response to Council questions, Police Chief Johnson clarified that the elimination and addition of certain division positions would result in a net savings of $2 million, explained the responsibilities and workload of an Assistant Chief in comparison to a Captain, discussed the creation of a new and more efficient patrol schedule, referenced the statistic sheet detailing ABLE's work throughout the County, encouraged Council to sit in on an ABLE patrol shift, gave potential buyout options within the provisions of ABLE's program noting that any costs would be taken from Volume 60 - Page 134 City of Newport Beach City Council Study Session May 10, 2011 the reserve funds and not the general fund, acknowledged that under the private sector option Costa Mesa could at anytime reconsider their participation in the ABLE program which would in turn help defray the cost of the program, stated that the ABLE helicopters are scheduled to fly 1,500 hours per year and approximately five hours per day, elaborated on the City's shared helicopter resources with Huntington Beach, Orange County Sheriffs Department and Anaheim, and noted that the City has a readily available helicopter from 4:00 p.m. to 2:00 a.m. every day. City Manager Kiff stated that the City needs to have a disposition of the helicopters so it could take care of all the assets and then transfer the deserve, discussed other viable models the City could pursue regarding the ABLE''program, acknowledged that each option would have some level of concern and requested that Council review the issue further and decide on the proper course of action, -- Council Member Curry commended Police Ch the budget presentation which focused on perl and doing things differently, expressed his`ap proposals show in improving police ,service acknowledged the concerns regarding- the _elii directed staff to come up with different opt such as running the program with non -swoi Costa Mesa, the ABLE program, would not 1 options and cost estimates to Concil so that information and make an informed• decision. helicopter patrol especially in areas wher6 paf £`Johnson and-,City Manager Kiff on 7mance measurement, benchmarking reelation for the initiative that these n /the streets while reducing costs, nation of the D.A.R.E program, and ns to replace the D.A.R.E program, personnel. He agreed that without `< viable, urged staff to provide some hey,`could appropriately evaluate the He acknowledged the importance of >1 officera cannot reach. Council Member Hill stated the he. was very pleased, with the depth of thought put into the Police. - Department's budget,; effort, clarified that 4 the ABLE pro option of contracting' maintenance s City retain control oftthe ABLE progi program that can, b'e- privatized and buyers as possible`to.offset the operat hopes that the community recognizes that n is eliminated the City could explore the ces if needed, and recommended that the by privatizing out as many elements of the L the services of the program to as many 1 costs. Mayor Pro Tem Gardner_ disagreed with Council Member Curry stating that the D.A.R.E program "needs to;,be, provided to all schools within the City in order to be a ,viable program but agreed tp look for other ways to deliver a program even if it is riot the D.A.R.E program per say and verified that the salary levels would remain theaame even if an officer is transferred to a different budgeted vacancy. Mayor'H'enn noted that he is very much in favor of seeing if there is a program similar td'D;:A,R:E that delivers much of the same benefits without using a sworn officer so thatrit preserves a positive interaction between children and police officers. Police Chief Johnson made reference to the City of Cypress and a program they are putting together using a non -sworn officer in place of their D.A.R.E program. Mayor Henn expressed support for looking into non -owned and non- managed solutions for the ABLE project such as contracting with another police agency or doing an RFP to the private sector. He noted that the City would still maintain some sort of control without being in the helicopter business. Volume 60 - Page 135 City of Newport Beach City Council Study Session May 10, 2011 Council Member Daigle stated that she appreciates the Police Department's efforts to look into other solutions for the ABLE program and stated her interest in the private sector, particularly in working with another agency. Fire Chief Morgan utilized a PowerPoint presentation that included the Fire Department's budget development parameters, budget development actions, lifeguard operations, organizational adjustment considerations, organizational adjustment pertinent rescue data from 2005 -2010, organizational adjustment actions, current budgeted organizational chart, pertinent data and a proposed seasonal deployment model with an overall savings of about $1.5 million - $1.6 million dollars or 5% of the Fire Department's budget. In response to Council questions regarding life noted that there will be three at -will positions, recues in the off season period, stated that h'e Lifeguard Management Association (LMA),to properly trained and available when needed, no boats but plans to maintain a two boat,4e ioyme Council Member Curry asked whether the -FE that the beaches are going to be safe during't, place. Fire Chief Morgan responded by statin conditions, these proposals provrde•_a logical a moves and flows with the dynamic -needs of the Council Member Rosansky suggested that the core services it provides, asked holy many; -'life{ beaches, and suggested cross- utilizatioii or o , Fire Chief Morgan re are around 30 -40 make sure that ed that the City nt system. as well as the .42 FTEs are mtly has three Department can assure "the public winter if these changes are put in .hat based on the current economic !rhative to lifeguard staffing which mmunity and visitors to the City. fivision create a list of the really needed to patrol the out of the administrative- type functions. ' ! Fire Chief Morgan;, stated that be' .,agreed with Council Member Rosansky's comments, stated that' five_ permanent lifeguards accentuated by seasonal deployment was a sufficieht u6mber;of lifeguards needed to patrol the beaches, clarified the.changes.in job duties, and reassured that all requirements and aspects were being explored. ,Council Member, Curry stated that he appreciated the Department's direction and collaborative efforts, and listed issues of concern including resource allocation, efficient staffing, and the utilization of City assets and resources. In response to Council questions, Fire Chief Morgan explained the Department's plan to make staffing more dynamic with the ability to surge based on capacity and agreed that scheduling needs to be addressed to eliminate overlapping. Council Member Daigle commented on the long -term budget goals to reduce costs and improve operations and expressed her support for the City Manager's decision. Mayor Henn questioned how the proposal will accommodate safety responsibilities including beach coverage, training and preparedness during the offseason, and suggested redistribution of overtime hours to those at the lower end of the pay scale. He stated that be is in support of the targeted budget savings as long as the objective requirements are satisfied. Volume 60 - Page 136 City of Newport Beach City Council Study Session May 10, 2011 Council Member Hill requested more information about the scheduling overlap and expressed concern regarding the pay scale. Brent Jacobsen, Lifeguard and President of the Lifeguard Management Association (LAMA), commented on the difficultly of maintaining the level of expertise and professionalism among part -time employees because of their limited work hours, and requested that Council look at how day -to -day staffing is affected. Eric Bauer, retired Lifeguard Battalion Chief, expressed Jiffs concern regarding temporary employees and the proposed budgets cuts to the lifeguard division. City Manager Kiff thanked Chief Johnson and CWef Morgan, stated that he respected the full -time lifeguards' willingness ,to �ialk'`about other options and reminded the public about the upcoming study session in two''weeks. n_ - III. PUBLIC COMMENTS - None IN IV. ADJOURNMENT - 3:57 p.m. l The agenda for the Study Session was posted kin May 4, 2011, at 2:25 p.m on the City Hall Bulletin Board located outside' of the City of Newport Beach Administration Building. Recording Secretary Mayor l City Clerk Volume 60 - Page 137 F f C �I Q Z I a , ��� ��l ! A City Council Minutes City Council Regular Meeting May 10, 2011— 7:00 p.m. 1. STUDY SESSION - 2:00 p.m. II. CLOSED SESSION - 3:57 p.m. A. Conference with Legal Counsel - Existing ,Litigat of (Government Code S 54956.9(a)l: Three matters: `c 1. Pacific Shores v. Newport Beach; U.S. District Court 'Case No. SACV 08- E:1 C. IA 00457 AG (PLAx) 2. Newport Coast Recovery and,'!Yellowstone Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx); 3. MORN v. City of Newport Beach, OCSC,Case No. 30- 0211- 0044700 The City Council will meet employment, evaluation of p, employee. - isider the appointment, dismissal of one public Dave Kiff, City Manager; Terri Cassidy, i Employee Organizatforis: All Labor Associations: Association of Newport Beach Ocean Lifeguards'(ANBOL)_ Lifeguard Management Association (Li ); Fire Beach Fire Management',Association (NBFMA); Newport Beach Firefighters' Association (N,BFA); Police Management Association (PMA); Police Employees' Association (PEA); an& Fire Management Association (FMA); City Employees Association (NBCEA); Newport, Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777) Conference -with Real Property Negotiator (Government Code 6 54956.8): Property: 19752 MacArthur Boulevard, Irvine, APN 445 - 132 -009 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: South Coast Thrift & Loan (First California Bank) Under Negotiation: Price and Terms of Payment Property: 19742 MacArthur Boulevard, Irvine, APN 445 - 132 -011 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Volume 60 - Page 138 City of Newport Beach City Council Minutes May 10, 2011 Negotiating Parties: Bates Johnson Building, Ltd. Under Negotiation: Price and Terms of Payment Property: 19712 MacArthur Boulevard, Irvine, APN 445- 132 -018 City Negotiator: Dave Webb, City Engineer; Andy Tran, Senior Civil Engineer Negotiating Parties: CIP Centerpoint 123, LLC Under Negotiation: Price and Terms of Payment III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky`. :Mayo -Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle s VI. CLOSED SESSION REPORT City Attorney Hunt reported that there was no reportable action. VII. PLEDGE OF ALLEGIANCE - Council MemberRosansky VIII. INVOCATION - The Reverend Peter D. Hayes ,'Saint Michael and All Angels Episcopal Church LY. PRESENTATIONS Poppy Week Proclamation - Mayor Henn read" the proclamation and introduced "Miss Poppy" Rachel Heideman -and Kendall Matso°President of the American Legion Auxiliary 251. Ms. Heidemen read the poem, n em, "In Fland'e s Field." Relay for Life Proclamation - Mayor Henn read the proclamation and presented it to Peggy Fort and the Relay for• -Life Committee Ms. Fort and the leadership team were introduced. an, overview 'of, ' the event'sl' purpose ; was provided, and the public was invited to participate in this year's Relay for Life on Mav_21 and May 22. Presentation Regarding the Second Harvest Food Bank Annual Stamp Out Hunger Food -Drive - Ann DeMazco, volunteer, spoke regarding the hunger epidemic occuring in Orange County and the upcoming food drive that is being held in partnership with the United States Postal Service. Ms. Martin mentioned the website: www.feedoe.org. Pre sentation•; Regarding the 1st Battalion 1st Marines Care Package Drive - Krisztina Scheeff;wolunteer, spoke regarding the recent deployment of the 1st Battalion 1st Marines and stated that the Marines look forward to receiving care packages. She read letters from seventh graders from Ensign Intermediate School and invited the public to visit the website: www.oneonemarines.com. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Mayor Pro Tern Gardner announced that May is 1Vational Bike Month, invited the public to Volume 60 - Page 139 City of Newport Beach City Council Minutes May 10, 2011 the Family Bike Ride on May 15, 2011 and the upcoming cyclovia, and reported on the MODOC "California Forward" meeting. Council Member Daigle commented on the recent OASIS volunteer recognition lunch and the Yacht Club openings events and recognitions. Council Member Curry commented on the Newport Beach Film Festival and the 89th Opening of the Balboa Yacht Club, and announced that he represented the City at the grand opening of the Black Star and Cross Jewelry Store and the art exhibit at the Old Courthouse in Downtown Santa Ana, and discussed his budget presentation at Speak Up Newport at the Newport Beach Yacht Club. Council Member Selich announced the Annual Balboa . Artwalk on May 15, 2011 and the Carroll Beek Center Grand Reopening on Friday, Ma00;;2011. Mayor Henn commented on the Closing Night Ceremony for the Newport Beach Film Festival and the "Pop Goes Lido" event, the Meet the Mayor event on May 7, the upcoming Chamber of Commerce Annual Dinner, Neighborhood Revitalization Meeting on Ma ",12, the Tidelands Management Committee Meeting on May 13, the'Leadership Tomorrow ever ti at the Central Library, the Exchange Club Field of Flags event on May 20, and the Annual Relay,,for Life on May 21 and May 22. XII. CONSENT CALENDAR A. 1. MINUTES FOR THE STUDY SESSION AND, REGULAR MEETINGS OF APRIL 26, 2011. [100 -2011] Waive reading of subject minutes, approve as written.and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. D. CONTRACTS AND AGREEEM&ATS 5. FINANCIAL STATEMENT AUDIT CONTRACT APPROVAL (C- 4776). [381100- . 11 Authorize the Mayor and City Clerk to sign a contract with Diehl, Evas & Company, LLP to perform the City's annual financial audit for the fiscal year 2010 -11, with the option to renew the contract for another three additional one -year terms. 6. ­RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP - AWARDiOF CONTRACT NO. 4555. [381100 -20111 a) Approve the project plane And specifications; b) award Contract No. 4555 to Dutra Dredging Company for the total base bid price of $3,369,555 plus $80,850 for extra work associated with the Lido Yacht Anchorage which will be completely funded by the Curci Companies, and authorize the Mayor and the City Clerk to execute the contract; c) authorize the City Manager or his designee to execute any future agreements with private parties who may seek additional dredging along their docks. This extra work, if any, will be entirely funded by the private party requesting the extra work; d) approve Budget Amendment No. IIBA -042 recognizing a contribution of $80,850 from Curci Companies and appropriating $80,850 to Account No. Volume 60 - Page 140 City of Newport Beach City Council Minutes May 10, 2011 7231- C4402005; and e) establish an amount of 8517,561 (approximately 15% of base bid and extra work) to cover the cost of unforeseen work not included in the original contract. 7. CARROLL BEEK COMMUNITY CENTER IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4507. [381100 -20111 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one.year after Council acceptance. E. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA-FOR MAY,5, 2011. [100-20111 Receive and file written report. Motion by Council Member Hill, seconded by 'Council Member Ro`sa_nskv to approve the Consent Calendar, with the exception of the :Item removed (3 and 4). The motion carried by the following roll call vote_' Ayes: Council Member Sehch, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT` CALENDAR . 't 3. ORDINANCE PERTAINING TO THE % "BUILDING'AND FIRE BOARD OF APPEALS; AND "RESOLUTION SETTING FORTH THE MEMBERSHIP, TERM, AND.= PURPOSE AND RESPONSIBILITIES OF THE BUILDING AND FIRE BOARD OF APPEALS. [100;`2011] Council Member Hill - questioned the`,reason for amending the Building and Fire Board-of Appeals , as -related to, membership from those representing the physically disabled: City Manager MA reque`st'ed that this item be continued to a future ,meeting to allow for further research end to allow the new Community Development Director to review this`matter. Motion by Council Member Hill, seconded by Council Member Rosanskv to continue this item to the June 14, 2011 City Council meeting. Council Member joined the meeting; Mayor Curry joined the meeting;.Mayor'_ -Pro Tern Henn joined the meeting at 4:00 4. ORDINANCE; NO. 2011 -12 AMENDING NEWPORT BEACH MUNICIPAL CODE TITLE 6 PERTAINING TO GAS - POWERED LEAF BLOWERS IN RESIDENTIAL DISTRICTS. [100 -20111 Council Member Daigle commented that she would not be supporting the ban on leaf blowers. In response to her questions, City Manager Kiff explained the proposed outreach and education program, and strategies for enforcement. Motion by Council Member Curry, seconded by Mayor Pro Tern Gardner to conduct second reading and adopt Ordinance No. 2011 -12 amending Newport Beach Municipal Code Title 6, Chapter 6.04 (Garbage, Refuse and Cuttings) by revising Volume 60 - Page 141 City of Newport Beach City Council Minutes May 10, 2011 Section 6.04.055, pertaining to gas - powered leaf blowers in residential districts. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Henn, Mayor Curry, Council Member Gardner, Council Member Hill Noes: Council Member Selich, Council Member Rosansky, Council Member Daigle XIV. PUBLIC COMMENTS Jim Mansfield, representing the Banning Ranch Conservancy, read)iiito the record a letter from the President of the Conservancy. The Conservancy requested to be a party in the drafting of the restoration plan to preserve Banning Ranch as-open space. He made several inquiries related to the process prior to submission of.tlie:- document to the Coastal Commission. Council Member Rosansky and Council Member Curry expressed concerns relative to the lawsuit filed against the City by the Banning Rancli''Conservancy related to the Sunset Ridge Park project and questioned why the City would 'want help from an entity thats suing it. XV. ORAL REPORTS FROM CITY COUNCIL ON•,COMMITTEE ACTIVITIES Mayor Pro Tem Gardner spoke regarding the "upcoming Coastal/Bay Water Quality Committee and Harbor Commission joint meeting. Council Member Curry commented onl the`recent, budget `l riefmg held with the Finance Committee. Mayor Henn noted the recent meeting of the July`4th Committee with the Police Department and staff. He mentioned the public outrgacli to the homeowners associations and the community regard' proposed loud and unruly gathering ordinance. W. PUBLIC HEARINGS?, 9. APPEAL-OF MINIMUM SIDE ,_SETBACK DETERMINATION (PA2011 -013) - ,BROADMOOR PACIFIC VIEW PLANNED COMMUNITY. [100 -2011] Acting Planning,J?irector Campbell and Senior Planner Murillo provided the staff report. A PowerPoint Presentation was displayed to discuss the history of the Broodmoor community, a review of the tract maps and its development standards, the ambiguous setback language for the project which results in the inequity for development within the community, and the resolved language that was approved by the Planning Commission. Council Member Curry stated that he supported the White family in their appeal and that the Planning Commission performed its due diligence in reviewing this matter. Mayor Henn opened the public hearing. James White, owner of the subject property, noted his request for clarification on PC- 18 related to the setback map (views) in the Broodmoor community. He mentioned that the existing document does not allow for development outside the original footprint of the house and suggested creating a process for each subject property to review any proposed development changes. Volume 60 - Page 142 City of Newport Beach City Council Minutes May 10, 2011 Bill Moore, President of Broodmoor Seaview Homeowners Association, noted that the White family is objecting to a remodel request by one of their neighbors. Kenneth Krause commented that the property views are the matter of contention in this case. He mentioned that the homeowners association could have resolved the issue; however, it resulted in litigation initiated by himself. John Richter, attorney representing the neighbor considering the remodel, noted that PC -18 has provided guidance in the setbacks for this community. He mentioned that setback concerns should be determined at the homeowners'; association level and suggested that the "5 and 5" setback proposal would provide structure for future development in the community. Hearing no further testimony, Mayor Henn closed the public hearing. Motion by Council Member Curry, seconded by Uouncil,Member Rosanskv to uphold the determination of the Planning(Commission that tlre',Broadmoor Pacific View Planned Community text is silent on-the application of side setbacks in non -zero lot line configurations, and therefore„ to' provide equity and certainty with regard to development limits, a determination should,be made requiring a five -foot minimum side setback. 1. The motion carried by the following roll call vote:., Ayes: Council Member Selicbi ,Council Member 'sans y, Mayor Pro Tem Henn, Mayor Curry, Council Member'-Gardner, Council Member Daigle, Council Member Hill -` 10. WEST NEWPOR.T'AMENDMENTS: -A) 6480 W. £OAST HIGHWAY (PA2010- 190) - KENNARD PROPERTY; B) {6904 W. COAST HIGHWAY (PA2010 -014) - THE NATIONAL CAT PROTECTION SOCIETY; AND C) 6908 -6936 W. COAST HIGHWAY, (PA2010 -182) - FROG HOUSE - AMENDMENTS TO THE GENERAL PLAN, ,COASTAL LAND ,USE PLAN, AND THE ZONING CODE TO CHANGE THE DESIGNATIONS OF. TWO PROPERTIES (THE NATIONAL CAT- PROTECTION SOCIETY AND THE FROG HOUSE) FROM TWO -UNIT RESIDENTIAL (RT�AND RT -E) TO MIXED -USE VERTICAL (MU -V); AND ONE PROPERTY (KENNARD PROPERTY) FROM TWO -UNIT RESIDENTIAL (RT AND RT -E),TO GENERAL COMMERCIAL (GC). [100 -2012) Acting Planning ,Director Campbell provided the staff report and utilized a Power Point presentation to highlight the location of the three properties, the code amendment summary, and how the draft ordinance affects the area. Council Membei'Rosansky acknowledged that he owns property within 500 feet of the subject matter properties and recused himself from the deliberation. He proceeded to leave the Council Chambers. Mayor Pro Tem Gardner suggested a straw vote on this matter. Without objection, Council conducted a straw vote on the matter which reflected that there was no objection to the staff recommendation. Mayor Henn opened public hearing. Volume 60 - Page 143 City of Newport Beach City Council Minutes May 10, 2011 Alex Hoover expressed support for the historical Frog House in its existing location. T.K. Brimer, applicant for the Frog House, expressed support for the proposed action. Hearing no further testimony, Mayor Henn closed the public hearing. Motion by Mayor Pro Tern Gardner, seconded by Council Member Curry to adopt Resolution No. 2011 -41 approving General Plan Amendment Nos. GP2010 -002, GP2010 -013, and GP2011 -002; and Local Coastal Plan Amendment Nos. LC2010 -002, LC2010 -003, and LC2011 -001; and introduce Ordinance No. 2011 -15 approving Code Amendment Nos. CA2010 -012, CA2011 -003, and CA2010 -01'3 to change the zoning districts, and pass to second reading on May 24, 2011. The motion carried by the following roll call vote: i Ayes: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council,Member Daigle 11. NORTH NEWPORT CENTER,. PLAN DEVELOPMENT PLAN AMENDMENT// COMMUNITY DEVELOPMENT PLAN ;AD THE BLOCK 800 NEWPORT CENTEIt,';l INTO THE NORTH NEWPORT CENTER`' AND A CODE AMENDMENT TO CHANGE OF THIS PROPERTY FROM -PC23. TO P THE SIGN AND LIGHTING "STANI DEVELOPMENT PLAN; AND, UPDATES TABLE TO REFLECT THE CITY CO UN( TRANSFERS OF DFVELOPMENT.RIGHTS COMMUNITY. (NNCPC) 11 -017) - THE .PLANNED MENT TO INCORPORATE VED COMMUNITY (PC -23) [NED COMMUNITY (PC -56) ZONING CLASSIFICATION INCLUDES REVISIONS TO S? WITHIN THE PC -56 DEVELOPMENT LIMITS PREVIOUS APPROVAL OF 1 -20111 r Acting Planning Director Campbell provided the staff report. Mayor Henn' opened „the public hearing. Hearing no testimony, he closed the public hearing., __ - -Motion by Council Member Kosansky, seconded by Council Member Curry to introduce Ordinance N6_2011 -16, approving Planned Community Development Plan Amendment No.�P1)2011 -001 and Code Amendment No. CA2011 -004, and pass to second reading on,May 24, 2011. The: motion carriedby the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle, 12. MALARKY S IRISH PUB APPEAL (PA2010 -172) - 3011 NEWPORT BOULEVARD - AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. UP2010 -039 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002, AUTHORIZING THE EXPANSION AND REMODEL OF AN EXISTING EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS AND ALLOWING THE USE OF OFF - SITE PARKING. (100 -20111 Motion by Mayor Henn, seconded by Council Member Rosansky to continue Volume 60 - Page 144 City of Newport Beach City Council Minutes May 10, 2011 this item to the May 24, 2011 Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem. Henn, Mayor Curry, Council Member Gardner, Council Member Daigle, Council Member Hill XVII. CURRENT BUSINESS 13. LOUD AND UNRULY GATHERING ORDINANCE. [100 =20111 Police Lieutenant Hartford provided a staff report and acknowledged the public outreach and information campaign that was conducted related to this matter. Deputy City Attorney Rowen outlined the specifics relative tb,citations and civil fines which would be assessed to a property in violation and reported-t_hat property owners may have limited liability related to cit,diions., He provided d, "summary of the citation/violation process. In response to Council questions, Deputy'Ciity Attorney Rowen fuxther -outlined the Notice of Violation (NOV) that would be 'served on the property owner versus the assessment of liens. He noted that other.-than the South Coast Apartment Association, no opposition cominents were received from the outreach meetings. Council Member Hill expressed concerns, regardiiig,,the notification procedures, believing they should also include eail,.. _telephone, and other forms of communication, in addition to sending a let'te'r' . Deputy'City Attorney Rowen noted that the City has;jiiscussed alternative, forms of notification to provide as many means of communication with each'�ubject matter property, but emphasized that the City needsl a paper record for any notices served on the property or the property owners. Mayor Henn opened, the, public hearing. Richard Berkstrum urged the Council to expedite the passing of the ordinance. He recommended that Council not consider barricading Balboa Boulevard on the Fourth of July. i 'Kristine Simon spoke in opposition to the proposed ordinance, believing that it inhibits the rights'of landlords and business owners, and that it is excessive in its restrictions. Willis Longyear expressed concerns regarding specific provisions in the ordinance that limits liability for the property owners. Judy Legan, South Coast Apartment Association, expressed concerns regarding the posting of the notices as it would affect the ability to rent adjacent units in the area. Ken Rawson commented on the public outreach meetings and expressed concerns regarding the posting of the notice on any cited property and how the ordinance could negatively affect adjacent properties. George Schroeder expressed support for the provisions of the proposed ordinance, outlined the specific activities which would result in a violation, and stated that Volume 60 - Page 145 City of Newport Beach City Council Minutes May 10, 2011 rental property owners appreciate the help in managing tenants who are loud and unruly. Craig Batley requested clarification regarding the ticketing procedures for a cooperating homeowner. City Manager Kiff noted that the goal is not to fine a property owner who is working with staff to mitigate any violations. Police Lieutenant Hartford displayed a flowchart which outlined the process Police Officers would follow to assess a violation of the loud and unruly gathering ordinance. Barbara Tollman requested that the ordinance's Safety,- Enforcement Zone be clarified. City Manager Kiff acknowledged that municipal.codes do reference separate sections in order to properly address the various issues. 'Ms. Tollman noted that the weekly and short -term rentals supplement the income; -of senior citizen property owners and expressed concerns regarding the potential liability for property owners. Mark Simon expressed concern that the,proposed ordinance., leaves too much discretion in the hands of the individual Police Officer issuing the citations. Police Chief Johnson noted that Newport,Beach'has developed a party `reputation and that some property owners have inappropriately relied upon the Police Department to manage their loud and unruly tenants. He further defined the true loud and unruly situations, the deterrent factor that would ensue because of the ordinance, and how the ordinance will be handled by the Pohce Department. Mayor Henn emphasized that the ordinance was `designed to regulate loud and unruly parties throughout the year, not jusf oif the Fourtl ;of July. Police Lieutenant„ Hartford noted, a -pa'st situatiom, which heavily impacted City resources and,eould have been prevented if the proposed ordinance was in place. He noted thatjoud and unruly parties have occurred in every area of the City. In response to an inquiry from Council Member Daigle, Police Lieutenant Hartford noted _that the' Police - Department will' be placing procedures in place which will document the true'neture of any reported incident. Carmen Rawson, expressed concerns regarding the posting of the notice. She believed that the lien provision mae- not be a meaningful deterrent and suggested a credit review provision. Mark Rogers, Park Newport Apartments, opposed the proposed ordinance as they have existing mechanisms to deal with loud and unruly tenants. Hearing no further testimony, Mayor Henn closed the public hearing. Council Member Curry noted that the goal is not to impact property values, but to provide a tool for the City to protect residents from loud and unruly behavior. He requested that the provision for the colored notice be changed to a black and white notice. Council Member Rosansky expressed concern with the amount of the violation as proposed and suggested that first violation remain $1,500 and a cap of $3,000 be placed on the second and third violations. Council Member Selich noted his opposition to the proposed ordinance and was not in Volume 60 - Page 146 City of Newport Beach City Council Minutes May 10, 2011 favor of the potential devaluation of properties that would occur from the posting of notices. Motion by Mayor Henn, seconded by Mayor Pro Tem Gardner to introduce Ordinance No. 2011 -13 adding Newport Beach Municipal Code Chapter 10.66 pertaining to Loud and Unruly Gatherings and amending Newport Beach Municipal Code Sections 5.95.060 and 5.95.065 pertaining to Short Term Lodging Units, with the following modifications: include a "black and white" notice rather than fluorescent, which would be posted for ninety (90) days rather than one hundred eighty (180) days, and to cap fines in the Safety Enhancement Zone at $3,000, and pass to second reading on May 24, 2011. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, 'Mayor Pro Tem Gardner, Mayor Henn, Council Member Curry / Noes: Council Member Selich, Council Member Daigle i XVIII. MOTION FOR RECONSIDERATION - None- XIX. ADJOURNMENT - 9:25 p.m. The agenda for the Regular Meeting was poste ii.;on May 4, 2011, at 2:25 p.m. on the City Hall Bulletin Board located outside of, the City of Newport Beach Administration Building. 1. City Clerk Recording Secretary Mayor Volume 60 - Page 147