HomeMy WebLinkAbout01 - Minutes - 07-26-2011Agenda Item No.
August 9, 2011
City Council Minutes
Special Meeting
Santa Ana Heights Fire Station
20401 Acacia Street, Newport Beach
July 26, 2011 — 7:30 a.m
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I. ROLL CALL ,
Present: Council Member Hill, Mayor Pro Tern Gardner, Mayor Henn, Council Member
Curry, Council Member Selich , Council - Member >Daigle
Excused: Council Member Rosansky
Council Member Rosansky arrived at 8:10 a.m. '
II. PUBLIC COMMENTS REGARDING-CLOSED SESSION
Jim Mosher believed that there should`,have'been more noticing of the meeting, stated the
importance of the City Attorney selection, expresaed._hope that "Council hires the best and
most qualified individual to serve the Citiy, and suggested- discussing the selection process.
He added that Council should pick someone they;would be'coinfortable with when they are a
private citizen and no longerion Council. M,ay6f Henn suggested that Mr. Mosher provide
Council with his list of City Attorney qualities-and attributes via email.
III. CLOSED SESSION'
A. Public- Emplovee.'Personnel Matters (Government Code & 54957(b)(1)): The
City'Coiincirwill meet, in closed I to consider the appointment or employment
the positioii,o`f City'Attorney
IV. CLOSED SESSION REPORT
Mayor Ren . reported that' it was the concensus of Council that more time was needed to
complete 46liberations for! the appointment or employment of the position of City Attorney,
so the Special Meeting will be adjourned to tonight's 5:00 p.m. Closed Session pursuant to
Government Code;§ 54955.
V. ADJOURNMENT , Without objection, Council adjourned the Special Meeting at
10:45 a.m. to the 5:00 p.m. Closed Session in order to conduct further delibrations
relative to the appointment or employment of the position of City Attorney.
The agenda for the Special Meeting was posted on July 22, 2011, at 4:10 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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City of Newport Beach
City Council Special Meeting Minutes
July 26, 2011
City Clerk
Recording Secretary
Mayor
f
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City Council Minutes
City Council Regular Meeting
July 26, 2011— 7:00 p.m.
I. STUDY SESSION - Cancelled
II.
III.
IV
ROLL CALL - 5:00 p.m.
Present: Council Member Hill, Council Member
Henn, Council Member Selich, Council R
City Attorney Hunt announced that Council wilh.be
Agenda Items listed under Item IV, and in addition
this morning in a properly noticed Special Clos
appointment or employment of a new City Attorney
(1). Without completing the deliberaticns.`Council t
Closed Session at 5:00 p.m. pursuant to 'Gove "ri ment
only consider the matters listed under IV,A th o g)
will also consider Item IV.E relative to the''considen
new City Attorney
Regarding Closed Session Iteni
that the noticing was `incorrect'
that the price be madepublici;
stated that Closed Session -Item
and that conducting, negotiation
deal has-been finalized:; He note
CLOSED SESSION - 5:04'p.m.
A. Conference with _Lee
;ansk5 Mayor Pro.. Tem Gardner, Mayor
ber Curry, Council Member Daigle
SSION-
meeting in Closed Session to ;discuss the
11 he announced that the City'Council met
d'•Session to discuss and consider the
pursuant to Government Code § 54957(b)'
djourQd, the Special Meeting to tonight's
Code §'6`4955. Therefore, Council will not
1,V.D on the Closed Session Agenda, but
tion,and appointment or employment of a
J
IV.0 (Marind, Park Mobile Home Park), Jim Mosher believed
according to his interpretation of the Brown Act. He requested
because both parties are public agencies. City Attorney Hunt
IV. &:was properly noticed in accordance with the Brown Act,
s during Closed Session is appropriate and necessary until a
d that the final - details will then be disclosed in open session.
54956.9(a)): Three matters:
� l
1. `'Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08-
00457 AG: (PLAx); U.S. Court of Appeals for the Ninth Circuit Case No. 11-
5546Q '
2. Newport Coast Recovery and Yellowstone Recovery u. City of Newport
Beach, U.S. District Court Case No. SACV 09- 0701 -DOC (ANx); U.S. Court of
Appeals for the Ninth Circuit Case No. 11 -55461
3. MORN v. City of Newport Beach, OCSC Case No. 30- 0211- 0044700
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code S 54956.9(c)): Three matters:
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V.
VI.
VII.
VIII.
IX.
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1. Potential initiation of litigation against Morningside Recovery, LLC for failure
to comply with Zoning Agreement.
2. Potential initiation of litigation against Pacific Shores Recovery in order to
enforce terms of its reasonable accommodation and abate violations of the
Newport Beach Municipal Code.
3. Potential initiation of litigation against Yellowstone Recovery in order to abate
violations of the Newport Beach Municipal Code.
C. Conference with Real Property Negotiator (Governmeni Code 6 54956.8):
�r
Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach
City Negotiator; Dave Webb, City Engineer
Negotiating Parties: Curtis Fossum, State Lands Commission-,"-.
Under Negotiation: Price, terms of payment, -',or both with iespect to resolution of
boundary dispute between Tidelands and Upla4ds ,
D. Conference with Labor Negotiators (Government Code 4 54957.6):
E.
Agencv Designated Representatives: Dave�iiff, City Manager; Terri Cassidy, Human
Resources Director
Employee Organization: All Labor Associations: - Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard .Management Association (LMA); Fire Beach Fire
Management Association (NBFMA);'Newport Beach•'Ei%efighters' Association (NBFA);
Police Management Association (PMA); P6tice,Employeea',Association (PEA); and Fire
Management Association (FMA); City Employeee`s- Association (NBCEA); Newport Beach
Professional & Technical Employees,Association (NBPTEA); Newport Beach Employees
League (LABEL);,Ne'wport Beach Part -Time Unit (UPEC, Local 777)
Public Emolovee Personnel Matter's (Government Code 6 54957(b)(1)): The City
Council will meet in closed session to consider the appointment or employment of the
position of City Attorneys
City Attorney Hunt- , stated, ;Chat Council met in Closed Session to consider the matters reflected
on its open session' agenda. In addition, Council met in Closed Session this morning pursuant
to Government Code §,54957(6)(1) to consider the appointment or employment of a new City
Attorney. Without completing the deliberations, Council properly adjourned that meeting to
the 5:00 p.m. Closed Session today, added it to its Closed Session Agenda, and Council took that
matter up for deliberations. City Attorney Hunt reported that no reportable actions were taken
during Closed Session.
PLEDGE OF ALLEGIANCE - Council Member Daigle
INVOCATION - Melinda Blackman, Harbor Christian Church
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XI. PRESENTATION
Plaques to Outgoing Board and Commission Members - Mayor Henn read the names and
titles of all the outgoing Board and Commission Members, and presented plaques to the
following individuals in attendance: Former Planning Commissioner Earl McDaniel; Chris
Wade, son of former Harbor Commissioner Donald Lawrenz; former Building and Fire Board of
Appeals Member Ray Cranston; former City Arts Commissioner Wendy Brooks; and former
Parks, Beaches and Recreation Commissioner Tim Brown.
XII. NOTICE TO THE PUBLIC
XIII.
XIV.
n�rvnr �ivviv- Lrauu��rviv rrr,m� -
Council Member Daigle announced that the San Diego' Yacht Club edged out the Newport
Harbor Yacht Club to win the 45th Annual Governor's Cup held at the Balboa'Yacht Club.
Council Member Curry noted that the Governor's Cup was ni amed after former Governor Ronald
Reagan. He announced that the Lobster Festival` -will be held on Saturday, August 6, and
congratulated the Corona del May High School Girls Water Polo Team for winning the State
Championship. He requested that the City Manager'Biing back an agenda item to consider
whether the City should take a position opposing the Helicopter Port expansion at John Wayne
Airport (JWA).
Council Member Rosansky reported attending the `ribbon cutting ceremony for the Orange
County Humane Society in Huntington Beach on Saturday; Jdlv.21.
Mayor Henn announced-,that the Rhine Channel Restoration Project begins July 29, reported
attending the grand .opening ofjCurl Fitness inithe Lido Marina Village on Thursday, July 21,
and announced that'the,July Fourth Committee .will hold its next meeting on Monday, August
15, from 4:30 p.m. to 6:00, p.m. Iiu the Council Chambers.
L: MIATUTEStiFOR THE STUDY SESSION AND REGULAR MEETINGS OF
JULY 12, 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 ail-ordi ,ances and resolutions under consideration, and direct City Clerk to
read by title only pursuant to Charter Section 412.
B. RESOLUTIONS FOR ADOPTION
3. RESOLUTION SUPPORTING A GRANT APPLICATION TO THE
DEPARTMENT OF BOATING AND WATERWAYS FOR VESSEL
PUMPOUT OPERATION AND MAINTENANCE. [100 -2011] Adopt
Resolution No. 2011 -82 authorizing and supporting submittal of an application
to the Department of Boating and Waterways for grant funds for the operation
and maintenance of the vessel pumpouts.
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4. ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
( ANBOL) MEMORANDUM OF UNDERSTANDING (C- 2058). [381100-
2011] a) Adopt Resolution No. 2011 -83 approving the Memorandum of
Understanding between the City of Newport Beach and the Association of
Newport Beach Ocean Lifeguards; and b) adopt Resolution No. 2011 -84 to
eliminate the paying and reporting of the Employer Paid Member Contribution
(EPMC) for ANBOL employees in PERS.
Council Member Rosansky voted no on this item
C. CONTRACTS AND AGREEMENTS
i;
5. WEST NEWPORT OIL FIELD REVIEW, EVALUATION, AND
MODIFICATION PROGRAM - APP.ROV1&.1 OF PROFESSIONAL
SERVICES AGREEMENT WITH,, LNETHERLAND, SEWELL &
ASSOCIATES,. INC. (C- 4861). [381100 -2011] Due-!..to the inability of
Netherland, Sewell & Associates and "the .City to come toy agreement on the
terms of a contract for the ,proposed; %Oil Field evaluation work, staff
recommends that this item be `,continued to the September`43, 2011 City
Council meeting to provide siaA 'sufficient time to negotiate with the next
qualified firm and prepare the necessary Professional Services Agreement.
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6. ACCEPT TSUNAMI HAZARD MITIGATION PROGRAM GRANT FUNDS
FOR EDUCATION KIOSKS,, [100- 201ija) Accept the National Tsunami
Hazard Mitigation Program Grant -.in accordance with Council Policy F -25,
Grant Administration; b)authorize;the. City Manager and the Emergency
Services Coordinator to act as "Autboiized'Agents" to execute for, and on behalf
of; the City-ahy actions necessary to implement the grant and obtain State
financial'' assistance provided,' I by the State of California Emergency
Management Agency (CalElAGQ; and c) approve Budget Amendment No. 12BA-
003'increasing,revenue estimates in account 2355 -4893, CalEMA revenue, by
$14,880`' and 1� ncreasing expenditure appropriations in account 2355 -8013,
- CalEMA Eiipenses, by= $14,$80.
7: DESIGNATION,OF APPLICANT'S AGENT FOR FEDERAL AND STATE
FINANCIAL ASSISTANCE. [100 -2011] Approve CalEMA Form 130,
authorizing \the CiW-Manager or the Finance Director to execute California
Emergencyti, Management Agency (CalEMA) and /or Federal Emergency
Management Agency (FEMA) documents for present and future disaster relief
applications.
9. SCHOOL RESOURCE OFFICER (SRO) PROGRAM AGREEMENT (C-
3309)9, [381100 -2011] Authorize the Agreement between the City of Newport
Beach; and the Newport -Mesa Unified School District (NMUSD) to participate
in the - School Resource Officer (SRO) Program, and authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City.
10. AGREEMENT FOR DELIVERY AND SALE OF RECYCLED WATER TO
BIG CANYON COUNTRY CLUB (BCCC) (C4875). [381100 -2011] Approve
the agreement for the delivery and sale of recycled water to the Big Canyon
Country Club (BCCC), and authorize the Mayor and City Clerk to execute the
agreement.
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11. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 2 WITH BOHLIN CYWINSKI JACKSON (BCJ) FOR
PROJECT SIGNAGE DESIGN AND CONSTRUCTION SUPPORT
SERVICES (C- 4527). [381100 -20111 Approve Professional Services
Agreement (PSA) Amendment No. 2 with Bohlin Cywinski Jackson (BCJ) of
San Francisco, for Civic Center and Park Project signage design and
construction support services at a not -to- exceed price of $165,780.00, and
authorize the Mayor and the City Clerk to execute the Amendment.
12. DONATION OF LAND FROM THE IRVINE COMPANY LLC FOR OPEN
SPACE, HABITAT PROTECTION AND RESOURCE CONSERVATION
PURPOSES (C- 4876). [381100 -2011] a) Accept _the donation of property
located between the back of the Park Newport Apartment site and the Upper
Newport Bay from The Irvine CompanyjId For thefpurposes of open space,
habitat protection and resource conservation; and b)"-authorize the City
Manager to execute the Donation Agreement and accept -'the Gift Deed and
Termination of Easement for the property on behalf of the City.
D. MISCELLANEOUS -
13. PLANNING COMMISSION AGENDA FOR JULY 21, 2011. [100-20111
Receive and file written'reoort.
14. CONFIRMATION OF VOTING-DELEGATE.;FOR THE 2011 LEAGUE OF
CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE - SEPTEMBER
21 - 23, 2011, IN SAN FRANCISCO)- [100 -2011] Confirm Council Member
Curry's designation as the City's Voting Delegate at the League of California
Cities (LCC� Conference from�September 21 -23, 2011, in San Francisco.
15.
16.
ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST
FUND AWARD. [100 -20111 a),4uthorize the City Council to accept a $75,000
award granted_to "the - Police Department by the Orange County Real Estate
Fraud Proseeution Trust -Fund per` Council Policies F -3 and F -25; therefore, to
comply-with Council Policy F -3', City Council must formally accept the award of
$75,000 and create a new appropriation to expend the money; and b) approve a
Budget Amendment' ,No. 12BA -002 increasing revenue appropriations by
$75,000 in 1820- 489E'.,,
TASTE OFNEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT N2011 -0178. [100 -2011] Conditionally approve the request of the
Newport Beach Chamber of Commerce for the installation of 191 banners from
August 22 2011, to September 20, 2011, for the annual Taste of Newport
(installation will be along Westeliff Drive, Jamboree Road, MacArthur
Boulevard, Newport Boulevard, East Coast Highway, and San Joaquin Hills
Road).
In response to Council Member Hill's inquiry regarding Item 9, City Manager Kiff
stated that the School Resource Officer (SRO) Program is separate from the DARE
Program. Regarding Item 11, Public Works Director Badum explained that the funds
are from the unused design fund. Council Member Hill noted an error in the staff
report and took issue with the billing rate per principal hour in the Professional
Services Agreement. In response to Council Member Hill's inquiry regarding Item 12,
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City Manager Kiff stated that there is no entitlement to build on the donated land and
that the City's interest in encouraging public open space justifies the acceptance of the
maintenance expenses associated with the donated land. Regarding Item 16, City
Manager Kiff stated that Council Policy L -16 could be modified to exempt the Newport
Beach Chamber of Commerce's annual request for the temporary installation of the
Taste of Newport banners, and stated that staff will report back with the recommended
changes to Council Policy L -16 sometime before the next annual request.
In response to Mayor Pro Tern Gardner's inquiry regarding Item 10, Utilities General
Manager Murdoch stated that the delivery and sale of recycled water to Big Canyon
Country Club is not related to the reduction of selenium in Upper Newport Bay.
In response to Council Member Selich's questions regarding Item 3, Harbor Resources
Manager Miller stated that the annual budget for tliz' operatibri,and maintenance of the
City's five vessel pumpout stations has been around $12,000, but;felt that $7,000 would
be adequate for the maintenance of the pumpout stations. In respoise to City Manager
Kiff s question, Harbor Resources Manager Miller believed that the Ciev's five pumpout
stations were adequate for now. Regarding Item, 6; City Manager Kiff `stated that staff
will report back with answers regarding. the construction materials`,,,and who is
responsible for the ongoing maintenance costs of the tsunami information kiosks.
Motion by Mayor Pro Tern Uardner, seconded,by Uouncil Member Hosanskv to
approve the Consent Calendar,, except for the itein removed (8); and noting the "No"
vote by Council Member Rosansky`on`liem.4.
The motion carried by the following roll call voter, -
Ayes: Council Member. Hill, Council Member Rosansky, Mayor Pro Tern Gardner,
Mayor Herin, Council Member'Sehch, Council Member Curry, Council Member
Daigle.,
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
8. CONTRACT` APPROVAL FOR PtiUBLIC SAFETY HELICOPTER SERVICE
.BETWEEN THE CITIES OF NEWPORT BEACH AND HUNTINGTON BEACH
(C- 4860). [38/100`- `2011j,�' - --
In response to Council Membe' K'Daigle's questions, Police Chief Johnson explained that
the°'reserve funds remain with Airborne Law Enforcement Services (ABLE) until all of
its assets are disbursed, at which time the remaining reserve fund of approximately $4
million` will be divided between Costa Mesa and Newport Beach. Police Lieutenant
Fischbacher. stated that the helicopter is being appraised prior to it being eligible for
sale. Pohce' .Chief Johnson added that it was his intention to issue a Request for
Proposal (RFP): -for a public/private partnership for public safety helicopter services
within the next 30 -45 days. In addition, he stated that helicopter noise reduction will
probably not be a significant consideration in the new services agreement. He
explained the prioritization protocol for simultaneous calls for service.
Motion by Council Member Curry, seconded by Council Member Selich to
approve the services Agreement for public safety helicopter support between the City of
Huntington Beach and Newport Beach, and authorize the Mayor and City Clerk to
execute the Agreement on behalf of the City.
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The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
XVI. PUBLIC COMMENTS
Jim Mosher took issue with the City only holding one City Council meeting in August. City
Attorney Hunt stated that Council has the discretion to control its. agendas. Mayor Henn
confirmed that there will not be a Council meeting on the 4th Tuesdayin August, 2011.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE - ACTIVITIES
Council Member Daigle reported attending the Aviation Committeeineeting on July 25, where
they discussed STREL, JWA's new flight procedure.
Council Member Hill announced that the first citizens advisory meeting finthe Lido Village
revitalization effort will be held on Wednesday, July 27, at 4:00 p.m, in the Frieiids,Room at the
Central Library, and invited everyone to attend.
Council Member Rosansky reported attending the `second meeting of the Newport Beach
Redistricting Committee on Thursday, !July 21, in the Council Chambers, where they reviewed
several options. He announced that the thikil and probably final meeting will be held on August
4th at the OASIS Senior Center.
Mayor Henn reported attending the Neighborhood 46-italization' Committee meeting on July
14, where they an_ounced the members of'the Citizens Advisory Panels for the Lido Marina
Village City Hall Site, Balboa Village visioning project, West Newport BeachBalboa Boulevard
landscaping design, ,Corona •del Mar entry,' at MacArthur Boulevard, and Santa Ana
Heights /Bristol Street , ,landscaping. He also reported attending the Tidelands Management
Committee meeting on'' July ''20, where they received a presentation regarding oil field
production.
XVIII. PUBLIC = HEARING =,
17. COMPLIANCE 'REVIEW 'OF DEVELOPMENT AGREEMENT NO. 2010 -001
BETWEEN THE, CITY `' -:OF NEWPORT BEACH AND MORNINGSIDE
RECOVERY, LLC (PA2011407). [681.100 -20111
Mayor Henn highlighted the protocol to be followed during the public hearing.
Associate Planner Johnson Brown stated that the purpose of the public hearing is to
review the actions taken by Morningside Recovery, LLC, since June 15. She provided
the staff report and utilized a PowerPoint presentation to discuss enforcement action
during the 30 -day compliance period, violations of conditions, a comparison of
Morningside Recovery to six other operators during October 2010 to July 2011, and
recommendations. She stated that staff believes that the evidence presented in the
staff report is sufficient to support a finding and determination that Morningside
Recovery has not complied in good faith with the terms and operational conditions of
the 'Zoning Agreement. She noted that the ordinance will need to be amended to reflect
the additional violations received by Morningside Recovery after the staff report was
published.
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Discussion ensued between Council and staff regarding administrative citations, their
appeal period, and the collection procedure for unpaid fines.
Mayor Henn opened the public hearing.
Mary Helen Beatificato, attorney representing Morningside Recovery, believed that the
three actions that Morningside Recovery was directed to fix in the June 15 Written
Notice in order to bring itself into compliance with the terms and,operational conditions
of the Zoning Agreement only related to preparing updated route plans, maintaining
compliance with Condition 13 after submission of the updated route plans, and taking
corrective action to train and inform its staff with respect.to'the operational conditions.
She stated that Morningside Recovery has implemented written policies and
consequences which outlined the exact routes that,"ers must travel, including a list
of operational conditions; and house manager p 6cies which also included a list of all
the operational conditions. She indicated that VMorningside Recovery has met with, and
continues to meet with, the house managers and drivers to review the, written policies
and operational conditions, and obtained ?their written agreements4to, comply. With
regard to residents, she stated that Morningside Recovery has combined all of the
operational conditions into a single writic&,n61icy in order to let the residents know
exactly what they could and could not do, andafter having reviewed that policy with all
residents, had obtained their written agreemerits,to comply. In addition, she stated
that all house managers, drivers, -and residents had.been given copies of the written
policies and operational conditions; and =signed and 'agreed to comply with them. She
believed that Morningside Recoveiv has- 6oiiiplied with everything that had been stated
in the Written Notice within the 30`day compliance period, `and challenged the validity
of the 20 violations that have been issued to Morningsde Recovery subsequent to June
15.
In response t-O.Councii _Member Daigle's. questions, City Attorney Hunt stated his legal
reasoning wliy',staff concluded that Morningside Recovery has not complied with the
terms and operational conditions of the Zoning Agreement. He further explained how
the „legal',' determination of the- effective - date of the Development Agreement was
determined.` .'.
Council Member Rosansky and Ms. Beatificato discussed whether or not drug testing
pick -ups and drop -offs were encompassed within Condition 14 (Deliveries).
City Attorney Hunt advised Council regarding two legal issues which Ms. Beatificato
raised during her testimony relative to hearsay and lax foundation, and collateral
estoppels as it applies to the administrative citations which Morningside Recovery has
not formally challenged.
Maintain Our Residential Neighborhood (MORN) President Joel Slutzky believed that
there has been a pattern of violations. He requested that the audience applaud if they
were in favor of terminating the Development Agreement with Morningside Recovery,
and many members of the audience responded accordingly.
Michael Brandt - Zawadski discussed the legality of the Development Agreement, the
protection of Single - Family Residential (R -1) Zones, and equal protection versus special
protection.
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In response to Council Member Selich's question, City Attorney Hunt stated that the
Zoning Agreement is valid under the law.
Barbara E. Lichman, legal counsel for Maintain Our Residential Neighborhood
(MORN% believed that the Development Agreement is not valid pursuant to
Government § 65865(a); that credible evidence has been presented to the City Council
by which a decision may be rendered; that Webster's dictionary defines delivery as a
conveyance; and that a Settlement Agreement cannot legally waive applicable Zoning
Codes. She urged Council to terminate the Development Agreement with Morningside
Recovery.
y,
Jim Nagel spoke in support of the termination of the Development Agreement with
Morningside Recovery, citing the alleged secondhand- smoke emanating from the
treatment center on Ima Loa Court which could ,potentially',affect the health of his
children.
Tom Larkin stated that Lido Village and Morningside Recovery facilities are one- in -the-
same according to the Planning Commission, and believed that Morningside Recovery's
facilities are potential fire hazards.
Alan Beek thanked Council and the City for,`their support relative to John Wayne
Airport (JWA) issues, and requested similar unity,in the Morningside Recovery fight.
Cindy Koller urged Council to c'onside'r,''the number cf•hours that Concerned Citizens
has spent over the last five years attempting to document the negative impacts of
Morningside Recovery. In addition,,she noted`for'tbe record that the ADP facility has
left 39th Street, and -that the State will not.help the City regarding complaints against
Morningside Recovery:
r
Dick Nichols believed that the authority for the agreements is nonexistent.
Hearing no further testimony, Mayor 'Henn closed the public hearing.
City Attorney Hunt' advised Council-that the administrative citations issued against
Morningside Recovery `were issued based on facts. He agreed that Morningside
Recovery had addressed many of the specific issues staff called out in the June 15
letter; however, have not addressed the elimination of the ongoing pattern of violations
-also called for. i
Code'Eaforcement Supervisor Cosylion described the Code Enforcement process which
ensures`tbat there }s sufficient evidence to support the fact that a violation has occurred
prior to the issuance of an administrative citation. City Attorney Hunt also described
the process to establish foundation for photographic or video evidence supplied by the
public.
Mayor Pro Tern Gardner stated that the original Development Agreement was a good
idea that just did not work.
Mayor Henn emphasized that all contracts rely on good faith, and that Morningside
Recovery has demonstrated a fundamental pattern of violating actions which asks for
forgiveness rather than permission.
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Motion by Mayor Henn, seconded by Mayor Pro Tern Gardner to a) determine
that Morningside Recovery, LLC is in default under the terms of the Zoning Agreement
based upon substantial evidence; and b) introduce amended Ordinance No. 2011 -20
terminating Development Agreement No. 2010 -001, and pass to second reading on
August 9, 2011.
Council Member Rosansky stated that he was not convinced that the Lido Marina
Village violations and disturbances fell under the letter of the agreement, but that the
noted deliveries outside the hours of 9:00 a.m. to 5:00 p.m. indicate an unwillingness to
live up to the spirit of the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, •:Mayor Pro Tern Gardner,
Mayor Henn, Council Member Selich, Council Member,, Curry, Council Member
Daigle
XII{. MOTION FOR RECONSIDERATION -None
XX. ADJOURNMENT - Adjourned at 9:10 p.m. in memory of Chin Helen McLaughlin
City Manager Kiff announced that the August 9-Council Meeting will be adjourned in
memory of former City Manager Kevin Murphy.
The agenda for the Regular Meeting�was, posted on July�21, 2011, at 1:45 p.m, on the
City Hall Bulletin Board located outside of theCity of Nev<port Beach Administration
Building.
Recording Secretary
Mayor
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