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HomeMy WebLinkAbout01 - Minutes - 06-26-2012City of Newport Beach City Council Minutes June 26, 2012 Mayor Gardner expressed frustration with the demolition of the houses and believed that most of the conversations at the May 8 meeting were about the height. She addressed the height, setbacks and frontage, and believed that the project would be a better fit for Ocean Boulevard. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Noes: Council Member Daigle XII. CONSENT CALENDAR (continued) 13. ONE BEACON BAY: AUTHORIZATION TO EXECUTE City Manager Kiff reported that staff was able to find Commission and stated that in the proposed special cond Commission made additions regarding landscaping prohibit Mayor Gardner suggested deleting the term Coastal Commission indicating what was p' regarding the addition of "landowner" in the City Attorney Harp suggested adding agreement provided that the Coastal Beach be bound by the conditions ". City Manager Kiff stated that needed. Manager to execute Beacon Bay, provided The motion Ayes: Council Council XVII. CURRENT BUSINESS ON. [100 -20121 8''documel from the Coastal MrGunrup gham, the Coastal public agge$s signage. nT and returning it to the the City was not advised the City Manager to execute the provision that the City of Newport work wAth Mr. Cunningham and the Coastal Commission as ed by Council Member Henn to authorize the City Commission mandated- Lease Restrictions for One Ler, is not bound by said restrictions. call vote: Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Member Henn, Council Member Daigle 19. APPOINTMENTS TO BOARDS AND COMMISSIONS. [100 -20121 serve terms effective July 1, 2012 to June 30, 2016: Council Member Rosansky announced that he will be recusing himself on the Board of Library Trustees and Civil Service Board votes since he is related to one of the nominees. He noted that he was on the Council Ad Hoc Appointments Committee and also recused himself from conducting interviews for those Boards and Commissions. City Clerk Brown indicated that the Board of Library Trustees and Civil Service Board appointments will be conducted first. Mayor Gardner indicated that there is impressive talent in the City. Council Member Henn expressed concern that the City did not receive any application for the Volume 60 - Page 506 City of Newport Beach City Council Minutes June 26, 2012 Building and Fire Board of Appeals and encouraged staff to see if over time applicants can be identified. Jim Mosher commented on the lack of Building and Fire Board of Appeals applications. City Attorney Harp noted that a person should only serve on one Board, noting that Robyn Grant has been nominated for two. City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Amy Claster (Daigle, Curry, Mayor Gardner) Robyn Grant (Hill, Selich, Henn) City Clerk vote as folk Amy Claste Robyn Graj Following c vote will ne Amy Claste Robyn Gras City Clerk . four -year to City Clerk. Debra Allei Mickey Dui City Clerk Service Bo< City Clerk. Rita Goldb( Caroline Lc Robert Smith (Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner) the second that a third -ustees for a to the Civil City Clerk Brown announced that Rita Goldberg and Robert Smith are reappointed to the City Arts Commission fora four -year term. City Clerk Brown read the ballot votes for the Harbor Commission as follows: Paul Blank (Hill, Curry, Selich, Henn, Daigle, Mayor Gardner) Dana Teacher (Rosansky) City Clerk Brown announced that Paul Blank is appointed to the Harbor Commission for a four - year term. City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission (PB &R) as follows: Volume 60 - Page 507 City of Newport Beach City Council Minutes June 26, 2012 Gloria Alkire (Hill) Kathy Hamilton ( Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner) City Clerk Brown announced that Kathy Hamilton is reappointed to the PB &R Commission for a four-year term. City Clerk Brown read the ballot votes for the Planning Commission as follows Daniel Boyd (Mayor Gardner) Larry Tucker (Hill, Rosansky, Curry; Selich, Henn, Daigle) City Clerk Brown announced that Larry Tucker is reappointed to tbe: Punning Commission for a four -year term. '001� y� 20. DECLARATION OF SURPLUS ASSESSMENT DISTRICT \EUND TAIA LANCES AND REFINANCING OF 14 ASSESSMENT DISTRICTS. !100-20121 �\ Council Member Hill recused himself from hearing the aforementioned item because he owns property within one of the Special Assessment Dist' is do � � teedd the ambers. Council Member Rosansky recused himself from hearing the foremphtioned item because he owns property within one of the Special Assessment &istriets and de�arted the Chambers. Council Member Henn recused himsel om heariq ft aforementioned item because he owns property within one of the Special As essmenn rstrio� ell' eparted the Chambers. In response to Council Member 'o'gle's questi n, Deputy Finance Director Matusiewicz reported that there was an additional G. 3,}5x0 fee for an escrow verification, described the tasks of a Placement Agent and Financial) AA sor, and sta 'd that there is a typographical error to one of the Resolutions. Discussion followed r4iiid-, g rel'ate`dgav$igs to property owners. inocron nv rvtayor rro "Vern -Wurrv, seconded by Council Member Selich to a) adopt Resolution No. 2012- 5'3�,Vtho zing the City to declare the remaining improvement fund balance as surplus and provide sttAf ection as to the distribution of improvement fund balances in Assessment DistrictIIJ2 (Coast Highway /Tustin), 99 -2 (Ocean Front) and 101 (Central Balboa); b) adopt Resolution No. 2012 -54, hereby adopting the Reassessment Report, confirming and ordering the reassessment by s hmmary proceedings and authorizing and directing related actions; c) adopt Resolution No. 2012-55u declaring intention to levy reassessments and issue refunding bonds; and d) adopt Resolution No. 2012 -56, authorizing the issuance of refunding bonds, and approving and authorizing related documents and actions. The motion carried by the following roll call vote: Ayes: Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Daigle 21. LABOR AGREEMENT: NEWPORT BEACH POLICE ASSOCIATION (NBPA) (C- 2056). [100- 20121 City Manager Kiff highlighted the change in pension contributions and noted a provision that if the City's costs increase, employee costs would go up with the City's costs to the 26.5% level. In response to Council Member Daigle's question, City Manager Kiff explained the changes in pension participation for sworn officers and civilian employees. He addressed offsets, cost -of- living Volume 60 - Page 508 City of Newport Beach City Council Minutes June 26, 2012 adjustments, and details of the second tier as well as comparisons with other jurisdictions. In response to Council questions, City Manager Kif£ explained the differences in costs between tiers, the possibility of reaching a 50/50 ratio, and Employer Paid Member Contributions (EPMC) reforms. Jim Mosher inquired about increases in the costs to tax payers over the life of the MOU, whether increased costs include attorney fees and staff time, and stipulation with the Police Association regarding consequences of not reaching an agreement by a certain date. City Manager Kiff reported that the Police Association did not ask for a refund, but agreed to roll over the 3.5% on a going- forward basis without repayment reverting back to January 1, 2012 and roll it from a payroll deduction to a direct payment of the employee share. He addressed the overall cost, noting that it does not include the cost of outside counsel, and expressed appreciation to the Police Association for their commitment to keeping the City a safe place' . Motion by Council Member Rosansky, seconded by Mavor ro Tem Curry to a) authorize Mayor Gardner to execute' a Memorandum of Understandi g (MGNq with the NBPA; b) adopt Resolution No. 2012 -57, relating to PERS and end in reporting oi��Empioyer -Paid Member Contributions (EPMC) over time; and c) designate heCity Manager /as the authorized representative to execute subsequent written agreements under Section 5(B) of the MOU (Work Schedules). The motion carried by the following roll call vote Ayes: Council Member Hill, Council Member Roeans�: Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Cou ci ember Daigle XVIII. MOTION FOR RECONSIDERATIONOO None XIX. ADJOURNMENT - 10:50 p.m. The agenda for the Regular Meeting was poste /don June 21, 2012, at 3:05 p.m. on the City Hall Bulletin Board located out%\dp of the�C�ty�of Newport Beach Administration Building. The supplemental agenda for the Reggu�lar Meeting was posted on June 22, 2012, at 3:20 p.m. on the City Hall Bulletin Bo rd�l`cate�ou�si�le of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 509 Agenda Item No. 1 July 10, 2012 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session June 26, 2012 — 4:00 p.m. ROLL CALL - 4:00 p.m. Present: Council Member Hill, Council Member Rosansky, Mayoi�Yro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Hen ''Coiln6.1 ;Member Daigle Council Member Daigle arrived at 4:02 p.m. II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE Regarding Item No. 10 (City Insurance Renewals — Member Henn asked if staff used the competitive prior to the Regular Council meeting. ' In response to Mayor implement Total Ma) Bacteria and Tories i noted that Santa An No. 5 (Request to 6t Lane), Deputy Public the encroachment.. Re Park PrajeCC_= ,:lppr( explained that the "_1 Gardner's questioi imunt Daily Load the Newport Bay has ak'reed on the Director Webb rS ,.her,que_stion on listed CALENDAR. , 2012 — June 30, 2013), Council ocess and requested an answer ingjtem-No. 4` "(6'ooperative Agreement to Programs -fo'r Nutrients, Fecal Coli Form hed), Deputy Public Works Director Webb rcentages. Regarding her question on Item in the Public Right -O£ -Way at 1539 Sylvia >rted that there is no existing sidewalk on ;m No. 6 (Newport Beach Civic Center and ;er FF &E), Public Works Director Badum staff report is now a Code requirement for all.n'ew buildings. \ \ 2. LOUDLAND UNRULY,GATHERiNG ORDINANCE (-LUGO ") AND FOURTH OF JULYUPDATE. Police Lieutenant Brouwer presented a PowerPoint presentation on the City's Loud and Unruly Gathering Ordinance (LUGO) addressing the history, goals of the ordinance, resources needeek1to ,respond to loud party calls, overview of the ordinance, process, citations to date, revenue and collections to date, subsequent actions by owners, multiple citation sites, appeals process, a map of locations issued a LUGO citation, party calls to NBPD before and after LUGO, approximate savings for less response needs to party calls, overall citizen reaction, and steps moving forward. In addition, he addressed requests from other cities and agencies that have adopted a similar ordinance. In response to Mayor Gardner's question, Police Lieutenant Brouwer explained that curfew calls pertain to all parts of the City. He also stated that a property owner that was previously cited for violations on multiple properties went through the abatement process and the citation and posting was removed. Volume 60 - Page 490 �4 CALENDAR. , 2012 — June 30, 2013), Council ocess and requested an answer ingjtem-No. 4` "(6'ooperative Agreement to Programs -fo'r Nutrients, Fecal Coli Form hed), Deputy Public Works Director Webb rcentages. Regarding her question on Item in the Public Right -O£ -Way at 1539 Sylvia >rted that there is no existing sidewalk on ;m No. 6 (Newport Beach Civic Center and ;er FF &E), Public Works Director Badum staff report is now a Code requirement for all.n'ew buildings. \ \ 2. LOUDLAND UNRULY,GATHERiNG ORDINANCE (-LUGO ") AND FOURTH OF JULYUPDATE. Police Lieutenant Brouwer presented a PowerPoint presentation on the City's Loud and Unruly Gathering Ordinance (LUGO) addressing the history, goals of the ordinance, resources needeek1to ,respond to loud party calls, overview of the ordinance, process, citations to date, revenue and collections to date, subsequent actions by owners, multiple citation sites, appeals process, a map of locations issued a LUGO citation, party calls to NBPD before and after LUGO, approximate savings for less response needs to party calls, overall citizen reaction, and steps moving forward. In addition, he addressed requests from other cities and agencies that have adopted a similar ordinance. In response to Mayor Gardner's question, Police Lieutenant Brouwer explained that curfew calls pertain to all parts of the City. He also stated that a property owner that was previously cited for violations on multiple properties went through the abatement process and the citation and posting was removed. Volume 60 - Page 490 City of Newport Beach City Council Study Session June 26, 2012 Council Member Henn expressed his appreciation to the Police Department and staff for implementing the ordinance. Police Lieutenant Sailor provided a PowerPoint presentation on the 4th of July event that addressed statistics of citations issued last year, the vision, action steps, 2012 Enforcement Philosophy, safety enhancement zone, 2012 changes including limited street closures, and equestrian deployment. He addressed the number of officers to be deployed, law enforcement, and community outreach. Recreation Manager Lohr presented information on the three; events planned for this year including 4tb of July for Families, the Mariner's Park Parade and Celebration, and the Fireworks Extravaganza. He presented details of each eve'rit'includ ng location, hours, and features. -, Council Member Rosansky announced that themAd a 4th of July event' at the Dunes which includes a concert by the Bangles. Council Member Henn commented positively on the activities and Police enforcement. He commended residents for their efforts in ensuring the success of the events and noted that the Police Department has done a great job ensuring a high quality of life in the City. 3. REVIEW OF DRAFT GENER ZONING DESIGNATIONS FOR INCLUDING FIRE STATION 2, 476 32ND STREET. Council Member Heim stated that, alt the fact that he, has a business relat recuse himself from the item. He then Principal Planner''Campbell'. provided a PowerPoint presentation that addressed the existing 11 comp ex, site information, and documents to be amended. He added that there will be a -need for'amendments to the General Plan, Coastal Land Use Plan, and Zoning Code. Het'address's :.proposed permitted uses, limitations regarding densities, hotel - related uses, and height limits. He reported that he received six emails regarding the item; some in support'of hotels, others not and some suggesting additional public outreach. ASTAL LAND USE PLAN, AND T BEACH CITY HALL COMPLEX, 300 NEWPORT BOULEVARD AND e did not believe he has a conflict, in light of with a business in Via Lido Plaza, he will Chambers. In response to Council Member Selich's inquiry regarding the Coastal Commission policy on setting aside a certain percentage of affordable hotel rooms, Senior Planner Campbell reported that it was in relation to time shares that were part of the Hyatt project. In response to Mayor Pro Tom Curry's question, Principal Planner Campbell reported that the presentation includes a broad list of uses with maximum intensities, noted that the public will decide what is feasible through the public participation process, and added that the analysis will be done after the amendments and creation of land use entitlements. Council Member Hill noted that during the conceptual Master Plan work for the CAP, an economic consultant was involved and looked at the highest and best -use alternatives. Senior Planner Campbell affirmed that a consultant focused on marketability of residential use for the area as well as other retail components and noted that more detailed work is needed when the project gets developed. Volume 60 - Page 491 City of Newport Beach City Council Study Session June 26, 2012 In response to Council Member Daigle's question, Senior Planner Campbell addressed next steps in the process highlighting details of two concurrent paths for next steps. In response to Mayor Gardner's question, Senior Planner Campbell stated that the Coastal Commission will definitely have an opinion about what they think the use should be, noted that they will review the project as a Coastal Development permit, and suggested that the City determine the land use entitlements first, before proceeding with a development project. yi Leland Iverson expressed opposition to the development of /apartments and parking structure for the site. He believed that an upscale, destination hotel would serve to revitalize the area and listed the benefits. Mayor Pro Tem -CUrry stated that in speaking to various hotel developers, they have indicated that the: site wouldnot work for a destination hotel but would be suitable for one more like Best Western. Bettina Deinin er expressed support /- \' g p pport for a- ,..'r village and expressed opposition to an apartment complex. r Chuck Brewer expressed opposition to building apartment complex on`the site and urged Council to look at it as a "real nice" developient. `- Linda HIein read a letter from Patrkia`Hilton of Hilton, Builders in support of developing a boutique hotel at the existing City 14611- `roperty. Dave Rhodes expressed support for ievitalizing;;the: area and expressed opposition for a mixed use or residential complex. Denise Oberman rp'rese d a "unifiedappeal" on the part of the Lido Island, Balboa Peninsula, and;'West Newport to try to'revitalize the area. She referenced a recent study noting that the study mischaracterized the total available market, total population, and average age of Lido:. ,She'expressed support, for a boutique hotel in the area. Da id Lliamond inquired` about low income type units and indicated that he opposed the movement of the Fire Department from the area. Dan Purcell encouraged Counci to wait on making a decision on the issue. Al Mai =i. Assistant Manager of the Newport Beach Farmers' Market, expressed support of a hotel development in the existing City Hall site. Cindy Fuller expressed support for building a boutique hotel in the existing City Hall site 7. and expressed opposition to building an apartment complex with a parking garage on the site. Mike Brant - Zawadski encouraged Council to carefully consider the area and the legacy it will leave behind. Lori Morris expressed support for developing a boutique hotel in the area noting it is a great opportunity to create a beautiful legacy for the City. Jerry Conrad expressed support for developing a boutique hotel in the area. Volume 60 - Page 492 City of Newport Beach City Council Study Session June 26, 2012 Hugh Helm addressed the importance of the property, expressed support for developing a boutique hotel on the Lido Marina Village site rather than the City Hall site, and referenced the results of a survey of Lido Village residents. Carter Ford encouraged Council to take careful consideration of the project and suggested that a three - dimensional model be developed. City Manager Kiff asked Council for direction regarding narrowing down the options available to subsequently issue a Request for Proposal (RFP). Mayor Gardner noted that she is not ready to decide without a'p`roper economic analysis of the various options. !' In response to Council Member Selich's question, Senior Planh6r,Campbell stated that two separate processes were envisioned but that it canlbe one process: He added that staff was hoping to get certainty with the entitlements approved by the Coastal Commission and then refine the project with specific development plans: Council Member Sebch expressed support,'for getting the Land Use Plan decided and not approaching the Coastal Commission until the�projectis determined because of the costs and length of time involved in presenting to the'Coastal Commission twice. Mayor Gardner and Council Member_ Rosansky expressed support for Council Member Seheh's suggestion. - Council Member Rosansky suggested'that several -RFPs be prepared for review to see what makes sense for the City. He addressed possible income streams with the various options and his desire to revieWthe item as soon as; ossible. ' Council Membe_ Hill stated that he is "aot in support of a reactive process in going to multiple RFPs 'but rather a proactive process by identifying the highest and best use that is achievable. He beli,eved4hat_ the possibility of a hotel is important which will bring the type of xcisitor,to the'cimmumty that- is_iiiiportant to the overall village. He addressed discussions by'tha- CAP`-and its conclusion -that, although a hotel is a much needed asset in the general area, many developers have indicated that a hotel will not work on the City Hall site. \ N I IN Council Member Daigle believed'that the Land Use Plan and the development should be presented to the Coastal Commission at one time and suggested developing the RFP to be as flexibleias possible. 7 Council Member Seh'eh referenced previous discussions regarding the Concept Plan and believed that from,d planning and land -use perspective, the hotel should be developed on the site where it'�will provide the best chance of succeeding. He added that the project should be looked at from a land -use standpoint and that trying to seek multiple private - sector proposals is a waste in time. Mayor Gardner agreed that the Coastal Commission should be approached one time on the matter and expressed concern with the concept of housing over parking and a public parking structure. Mayor Pro Tem Curry believed that an economic analysis relative to the possibility of a hotel in the area is warranted and noted that a better definition is needed regarding Volume 60 - Page 493 City of Newport Beach City Council Study Session June 26, 2012 housing options on the site. In response to Council Member Selich's question, City Manager Kiff stated that a consultant will be hired right away and that staff will return to Council with a report that will integrate the process and direct staff to prepare an RFP. III. PUBLIC COMMENTS - None John Thomlinson, President of the Apartment Association of Orange.JCounty, addressed the LUGO ordinance and thanked the City and Police Department fovilieir work. He spoke in opposition to the penalties imposed on property owners because of, -loud and unruly tenants and urged Council to work with staff to modify LUGO to remove the fines that impact property owners. Regarding Closed Session Item II.A., Jim Mosher stateak that an agreement had been reached previously and wondered why the item is still listed under Closed Session and asked that the negotiators be listed on the agenda. Council Member Daigle indicated 'that_ she too would appreciate the negotiators being listed on the agenda. W. ADJOURNMENT -5:45 p.m The agenda for the Study Session was,posted on J Hall Bulletin Board located outside_- -of'the City Building. .fir City Clerk in6i,21, 2012, at 3:06 p.m. on the City of Newport Beach Administration �i _ Recording Secretary Mayor Volume 60 - Page 494 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 26, 2012 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:45 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Dave i r rnment Code §;54957.6) lanager and Negotiator Employee Organizations: All Labor Ass`ociationi Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters'- Association (NBFA); Police Management Association (PMA); Police Employees', Association (PEA +I : -LCity Employees Association (NBCEA); Newport Beach Professional & Teclinica)---IE_mployees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Psrt' Time Unit (UPEC, Local 777) III. RECESS`S J IV. RECONVENED AT 7:00 P.M: FOR'REGULAR MEETING V. ROLL CALL Present: Council'.Member ,Hill , Council Member- Ro ansky Council Member Selieh, Couuneil Member Henn Excused: Council Member Dai&.. - Council Member Daigle arrived at 4:02 p'm. Mayor Pro Tem Curry, Mayor Gardner, VI. CLOSED SESSION`REPORT -City Attorney Harp reported that there was no reportable action taken VII. PLEDGE OF ALLEGIANCE f�Council Member Daigle VIII. INVOCATION - Pastor Karl Stuckenburg, Newport Center United Methodist Church D{. PRESENTATIONS - None 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) Volume 60 - Page 495 City of Newport Beach City Council Minutes June 26, 2012 Mayor Pro Tem Curry reported that he participated in the closing ceremonies of the recent Relay for Life in which he presented Mayor Gardner with a plaque recognizing the City's contribution to the event. In addition, he reported participating in an Art in the Park event and the opening of a new exhibit at the Orange County Museum of Art as well as a meeting of the Orange County Chapter of the Chinese Chamber of Commerce. He also reported that he attended the Australian Counsel General's home in Los Angeles to participate in a collaboration of Griffith University in Australia and Children's Hospital. Council Member Daigle addressed a ruling of the U.S. Supreme Court for California to ease overcrowding in State prisons and referenced AB109. She noted that impacts of AB109 are being felt on the local level, reported that she spoke with Police Chief Johnson who has agreed to provide a presentation to Council on the matter, and commented positively on the Bristol Street landscaping Z, project and the construction of Jamboree Bridge. 7, Member Henn commented positively on the Coastal L'Commissionis', approval of Marina Park, reported that he attended a conference on June 22, 2012 on the use of technology `in. Government which was sponsored by the Center for Public Policy at Concordia, announced upcoming "lkrelevant Week" events, reported that he attended the Great Park Foundation Annual Dinner, and announced that there will be a Neighborhood Revitalization Committee meeting on J,uiie 28, 2012, at 4:00 p.m. in Council,,Chambers. Council Member Selich requested that staff add the initiation of an amendment to the Coastal Land Use Plan on the next Council agenda. to allow the tower on the�Marina project, reported that the Newport Dunes Waterfront Resort and Marina will be'ho4ting an inaugural, Independence Day on the Bay on July 4, 2012 which will feature a Bangle's concert and a`freworks display.,and thanked the community and local businesses for supporting the event. Mayor Gardner reported that as part of the revitalization.efforts of.Corona del Mar, focus was on the entry at MacArthur and Pacify Coast - Highway and noted that the area vrill be restriped in order to perform a Live test. Public Works Director Badum added that�'iliere will be stripes, stick -down cones, markers, and signage added to the area.,, Mayor Gardner reported that slie me ti staff with the Coastah.Commission sta after their meeting and thanked the Commissioners for-approving Marina Park.- She.noted that she spoke with the new Executive Director about the Coastal-Commission being -understaffed and underfunded, stated that she assured him that the City is currently working on itr Local Coastal Plan (LOP), and announced a 4th of July event on the Balboa Peninsula wihere she and other Council Members will be participating in the dunk tank. XII. CONSENT CALENDAR A. READING OFJAVINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES F It. %FHE JUNE 12, 2012 REGULAR MEETING. [100 -2012] 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 the City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CODE ENFORCEMENT PROGRAM, NEWPORT BEACH MUNICIPAL CODE CHAPTER 1.06 AND SECTIONS 1.04.010, 10.66.060 AND 10.66.070. [100 -2012] Conduct second reading and adopt Volume 60 - Page 496 City of Newport Beach City Council Minutes June 26, 2012 Ordinance No. 2012 -13, amending NBMC Chapter 1.05 to establish an Administrative Code Enforcement Program; Section 1.04.010 to add Civil Penalties; and Sections 10.66.060 and 10.66.070 to align the administrative appeals process. C. CONTRACTS AND AGREEMENTS 4. COOPERATIVE AGREEMENT TO IMPLEMENT TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAMS FOR NUTRIENTS, FECAL COLI FORM BACTERIA AND TOXICS IN THE NEWPORT BAY WATERSHED (C- 5164). 1381100 -20121 Authorize the Mayor and the City Clerk to execute Cooperative Agreement DII -066 to fund the TMDL programs, studies and monitoring for the Newport Bay WatE4ihed. 7. SERVICE AGREEMENT WITH RCS INVESTIGATIONS AND CONSULTING, LLC, FOR PRE - EMPLOYMENT BACKGROUND INVESTIGATION SERVICES (C- 5165). [381100 -2012] Approve and execute the Service Agreement with RCS Investigations and Consulting, LLC, for background investigation services, at a not -to -11;kceed cost of $450,000 during the term of the agreement. =` D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JUNE ,-21, 2012. [100 -2012] Receive and file. 10. CITY INSURANCE RENEWALS }, JULY 1, 2012 Ji IkE, 30, 2013. [100 -2012] Approve renewal of the following insurances: excess ge,eral`liab4y, `excess workers compensation and property insurance coverage for an amount not to exceed-$,1,489,322 in total premium fi•om the Insurance Reserve ' Funds. The term 6 the renewal is for a twelve (12) month policy period, July 1, 2012 through June 30, 2013. L� is \1 11. IT HARDWARE REPLACEMENT FOR CITY HALL AND POLICE DEPARTMENT DATA _CENTERS. a) ,k prove, B_udget..Amendment 12BA -041 appropriating $547,499.45 from'tIfE IT Strategic Fund Balance Uo`the Data Center Hardware Account, 6420 -9322, for the ,,purchase of the City Hall'and Police Department Data Centers; and b) authorize the City •['Manager to execute- -the contract with Dell for a total amount of $547,499.45 in a form reviewed and approved by thet'6ity Attorney. To authorize the City Manager to enter into an�aagreement with`Dell for the purchase of the equipment in the amount set forth in the`s"taff report, sul jJect to the review of the City Attorney's office of the agreement. 12. AMENDMENT TOICOUNCIL POLICY B -17 - DONATION MAINTENANCE FEE. [100- 20121 Municipal jOperations staff recommends that the City Council consider the recommendation,from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Council Policy B -17 to include a maintenance fee for donated items. City Attorney Harp reported staff would like to add to the recommendation of Item No. 11 (IT Hardware Replacement for City Hall and Police Department Data Centers), to authorize the City Manager to enter into an agreement with Dell for the purchase of the equipment in the amount set forth in the staff report, subject to the review of the City Attorney's office of the agreement. Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to approve the Consent Calendar, except the items removed (5, 6, 8, and 13) and noting the amended recommendation for Item 11. The motion carried by the following roll call vote: Volume 60 - Page 497 City of Newport Beacb City Council Minutes June 26, 2012 Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. REQUEST TO RETAIN PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 1539 SYLVIA LANE. [100 -2012] Dan Purcell presented a picture of the subject property, expressed concern about sidewalks and pedestrian safety, and asked that Council consider the inclusion of sidewalks in future projects. Motion by Council Member Hill, seconded by Mayor Pro _Tem Curry to waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to all`owktbe existing brick mailbox pilaster and wooden picket fence, all of which encroach in excess of'one- footinto the Sylvia Lane and Beryl Lane public rights -of -way, provided the property owners enter into ark, 1 ark. Encroachment Agreement with the City to maintain these private improvements'within the publi rights -of -way and that all conditions of the Encroachment Permit process are4i&t, and authorize the'City Manager to execute the Encroachment Agreement. rl L The motion carried by the following roll call vote. Ayes: Council Member Hill, Council Member Rosansk },yMayor Pro Tem Curry, '.Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 6. NEWPORT BEACH CIVIC CENTER?AND`PARK PROJECT,- APPROVE PURCHASE OF CIVIC CENTER FF &E (MILLWORK, SYSTE —MS,_ FURN.- ITURE, AND ANCILLARY -4 FURNITURE) (C627). [38/100 -2012] " / 1 `,��) In response to Council' Member Henn's question, Public Works Director Badum reported that the differences in the tifids for systems furniture) were approximately 20 %, noted that there was a consensus by staff that;the chosen vendor was\the highest level of quality for the price, provided details of the millwork needed, and -noted that M' o' ntbleau and Associates was the lowest, responsible bidder. - Council Member Selichstated that he had an opportunity to look at the products being proposed and commented on the process; ti Council "Member Hill stated that he picked out some of the items and commented on the fairness of the prices proposed. ; n Jim Mosher commented amthe process noting that the City Charter has a buy local clause in it and inquired regarding the definition of a monitor arm. City Attorney Harp reported that the purchase can be approved but noted the need to slightly modify the agreements to address phasing, installation, and other issues. Public Works Director Badum provided a description of a computer monitor arm. Motion by Council Member Selich, seconded by Council Member Hill to a) approve the purchase of millwork furniture from Montbleau and Associates, Inc. for a not -to- exceed price of $642,590.00; purchase of systems furniture from Interior Office Solutions, Inc. (IOS) for a not -to- exceed price of $898,500.00; and purchase of ancillary furniture from Pivot Interiors, Inc. for a not -to- exceed price of $1,083,491.65 (the total cost for these purchases is $2,624,581.65, including applicable sales tax), and authorize the City Manager to execute purchase agreements with Montbleau and Volume 60 - Page 498 City of Newport Beach City Council Minutes June 26, 2012 Associates, IOS and Pivot Interiors, Inc. in a form reviewed and approved by the City Attorney; b) establish a budget of approximately 5% of the FF &E total agreements ($130,918.35) as FF &E contingency for unforeseen costs, and authorize the City Manager to execute amendments as needed to complete the project; and c) approve Budget Amendment No. 12BA -040 appropriating $2,755,000 from the FY 2013 Major Facilities fund balance reserves to Account No. 7410- CIO02033 to fund the purchase of millwork, systems furniture and ancillary furniture. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro„Tem Curry, Mayor Gardner, Council Member Selicb, Council Member Henn, Council Membei'baigle 8. APPROVAL OF NEW LEASE TEMPLATE FOR BEACON BAY. [100 -2012] Jim Mosher commented on policy matters such as the percentage of faisl rent, using general CPI to adjust the rent, allowing subleasing, whether purchasing a property in` a dilapidated state should entitle the buyer to a lower rent, and the impacts- to'future. Council decision'slby staggering the 50- year leases. He addressed issues with public access and signage and stated that -he believed that the City could provide public access regarding Iteur'No. 13 %(One Beacon Bay: Authorization to execute lease restriction). Approve motion by Council Member Hill, second'ei3. by 0 to approve the new lease template for Beacon Bay and authorize the City Manager or his/her designee to enter into the new leases with current and future lessees on behalf o£twe Glity -of Newport Beach. The motion carried by the following roll call vote: 1 - Ayes: Council Member Hill,,, "Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich,'Council MemberAd'i n, Council Member Daigle 13. ONE BEACON BAY: AUTHORIZATION TO`EXECUTE LEASE RESTRICTION. [100 -2012] Mayor Gardner-expressed concern that -by_ agreeing to some of the restrictions, a precedent is being set and stated-that i£ it,is a policy of the Coastal %Commission, it should be a policy discussed at State level. She specifically ddresse&,restrictions regarding a sea wall, what materials can be planted, and,noted that planting M"aterials'w 11 not impact water quality on the bay. Council Member Selich agreed with Mayor Gardner and reported that no discussion occurred on the item at thkoastal Commission as it was on their Consent Calendar and believed that it should not be approved: He stated that the applicant should return to the Coastal Commission to get the conditions amended. Council Member Henn ecpressed concern that the Coastal Commission told the owner that they r.- cannot install any protective devices and that they must indemnify the Coastal Commission in case they experience damage or destruction on their property. He indicated that the matter needs to have further consideration before a decision can be made. City Attorney Harp stated that it may be appropriate to work with the owner and the Coastal Commission to resolve the matter. Scott Cunningham, lease owner, noted that he did not seek help from the City, indicated that the process was a long and tiring experience, stated that the Coastal Commission made it clear that the conditions are the same as with other residents, addressed signage requirements, noted the condition regarding the sea wall, added that the elevation of his fu•st floor is eleven feet, and encouraged Council to approve the item noting that he is ready to proceed with the project. Volume 60 - Page 499 City of Newport Beach City Council Minutes June 26, 2012 City Manager Kiff indicated that this would be one of the unique instances where the City would be asked to sign off on the project because the City is the landowner. Council discussed reviewing existing files regarding other Beacon Bay properties to determine precedents and the possibility of delaying the issue until later in the meeting to obtain additional information. Scott Cunningham noted that the condition regarding the sea wall doesn't mean that one cannot be built in the future, but that if so, a permit would be needed. )UV. PUBLIC COMMENTS Sheila Pfafflin expressed opposition to a recent action by the PlanningCommission regarding approval of the EIR for the proposed Banning Ranch Development, addressedssuec ^raised by residents, and urged Council to become familiar with all aspects of the matter. JimLMosher commented on a recent article in the "Daily Pilot" regarding the City of Costa Mesa readabilifv' of their compensation reports and believed that the City should rise to the same standards. `• `- XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on a recent meeting of thd! Citizens' Aviation Committee noting that the City has been negotiating extension of the settlement agreement with John Wayne Airport which is due to expire in 2015 and reported that the reason it knot being negotiated in public is because it is a settlement to litigation. She also reported that Vector Controf;kas affirmed thaf'there has been a case of the West Nile Virus in Anaheim, addressed transmission of the diseasex, encouraged-residents to contact them if any dead birds are observed, and 1 sted ways to avoid being bitten by mosquitoes. \.. Council Member Henn reported ;hat on June `14, 2012, the Neighborhood Revitalization Committee considered the recommendations of'the Balboa Village Citizens' Advisory Panel for the revitalization of Balboa Village and reported that further consideration will occur on June 28, 2012. In addition, he reported that on June 201.,2012, `;the Tidelands Management Committee considered the Tidelands Infrastructure Management Plv.n and-a presentation was given by the Harbor Commission on dredging. e _ Council MembeJ;Rbsansk5, ,repotted ',that the-Chart—:o r- Update Committee is continuing with its goal of producing a document to bepresente$.to,Council and placed on the November ballot. XVL PUBLIC-,HEARINGS 14. RESOLUTION NO. 2012 -48: RENEWAL OF THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. ,; Mayor Gardner opened'the public hearing. r% J Jim Mosher discussed[ Business Improvement Districts (BID'S) versus Business Improvement Areas and the need to assign advisory Boards. Hearing no further testimony, Mayor Gardner closed public hearing. Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to a) adopt Resolution No. 2012 -48 confirming the levy assessment for the Marine Avenue BID for Fiscal Year 2012 -13 since protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member R.osansky, Mayor Pro Tem Curry, Mayor Gardner, Volume 60 - Page 500 City of Newport Beach City Council Minutes June 26, 2012 Council Member Selich, Council Member Henn, Council Member Daigle 15. RESOLUTION NO. 2012 -49: RENEWAL OF THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012 -2013. 1100 -20121 Mayor Gardner opened the public hearing. Jim Mosher commented on the previous name of the BID, noted that Members of the Board must be qualified electors of the City, and stated that one of the candidates is not a resident of Newport Beach. ,-1 Hearing no further testimony, Mayor Gardner closed public- hearing. City Attorney Harp noted that appointments for BID Boards are.p_ot pursuant to the Streets and Highways Code. Resolution No. 2012 -49 confirming the levy as: 2012 -13 since protests represented less thani. appoint the following to the Balboa Village BIP Realty, Ralph Rodheim - Balboa Boat Rentals, Zone Rides, Mike Thompson - Davey's Locker The motion carried by the following Ayes: Council Member Hill, Council Me Council Member Selich, Council Me ,ouncil Member,,Rosanskv to a) adopt foi the Balboa Village. BID for Fiscal Year t of the total assessment amount; and b) Board: Craig Batley " urr White /Balboa nlund - ExplorOcean, Patrick Moore - Fun Mayor ;Pro Tem Curry, Mayor Gardner, rncil Member Daigle 16. RESOLUTION NO. 2012 =50: RENEWALrOF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT ;(BID) FOR FISCAL YEAR 2012 -2013. [100120121 Hearing no testimony_, Mayor Gardner closed public hearing. ` / Motion by-MA. r.Pro Tem Cur`ry:- seconded by Council Member Rosanskv to a) adopt Resolution7,No. 2012= 60�confirming the levy assessment for the Corona del Mar BID for Fiscal Year 2012.13'since the proteats,represeuted less than 50 percent of the total assessment amount. 17. RESOLUTION NO. 201251: RENEWAL OF THE NEWPORT BEACH RESTAURANT AT ASSOCIION BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2012- 2013. [1004.0121 Mayor Gardne'r'.openeohe public hearing. Dan Purcell expressed concern that the City is in the alcohol and liquor business and indicated that he worries about alcohol and drug fueled vehicle crashes in the City. Jim Mosher wondered about the need for the Restaurant Association BID and believed that the City should not be supporting it. Hearing no further testimony, Mayor Gardner closed public hearing. Motion by Council Member Hill, seconded by Council Member Rosanskv to adopt Resolution No. 2012 -51 confirming the levy assessment for the Newport Beach Restaurant Association BID for Fiscal Year 2012 -13 since protests represented less than 50 percent of the total assessment amount. Volume 60 - Page 501 City of Newport Beach City Council Minutes June 26, 2012 motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 18. APPEAL OF DENIAL OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). (100 -20121 Community Development Director Brandt introduced the item, noting the various hearings and deliberations regarding the matter as well as recent activity on the property. Assistant Planner Sims presented an overview of the project; addressing location, brief history of actions taken to date, and receipt of a revised restricted covenant proposed by the applicant. She presented a comparison of the applicant's restrictions and Planning restrictions. Discussion ensued regarding the flat roof and the applicant's propo' alto limit the height, the percentage of development at that height, and the details of the applicant's�rc.vised proposal. In response to Council Member Henn's question regarding whether the restriction` complies with the Planning Commission recommendations to lower' roof line by three -feet, staff noted that the building would be three different heights but that the current proposal allows for the roof line to be lowered by IY: feet. Assistant Planner Sims indicated that tliere.is- a-correction`to an error in the Statement of Facts in the resolution and referenced a handout rilative-td a. change in-the Floor Area Ratio (FAR) proposed by the applicant. Community Development Direct6 r-- 73randt added that the City also received correspondence from various parties, including theduanerio 8?nd of Mission Indians, who requested to monitor the grading. In response to Mayor-'Pro Tem Curry's question, Community Development Director Brandt noted that no evidence was - presented regarding the'Juanefio Band of Mission Indians claim. She stated that there is a General Plan policy- regarding the. matter and noted a Condition of Approval requiring monitoring during the grading activity can. be It was noted that it is not a requirement, but rather a recommendation. .` } Council Member Rosanskyinoted'that apparently the neighbors have not come to an agreement and stated he is willing to supp `rt the application. �l Mayor Gardner commentedon a letter from an attorney received just prior to the meeting and expressed frustration with items being turned in at the last minute. She requested clarification regarding the roof railing and arbitrarily changing the established grade. Community Development =Director Brandt stated that the Zoning Code is not being changed but that the applicant is voluntarily submitting a self - restrictive covenant. Mayor Gardner questioned a statement that disagrees with staffs environmental analysis. Further, she discussed height, the lot merger, and curb cuts on Ocean Boulevard. She pointed out that if the lot merger is not approved, there is still a possibility for the property owner to make curb cuts. Council Member Henn addressed the letter from Stephen Miles, Miles Law Group. City Attorney Harp noted that Mr. Miles raises several issues regarding the demolition of the two properties and alleges that was in violation of the City's Municipal Code. He reported that demolition was done under a valid permit that was renewed by the applicant. He referenced a case in Palo Alto indicating that demolition permits are ministerial and not subject to CEQA analysis. When considering this Volume 60 - Page 502 City of Newport Beach City Council Minutes June 26, 2012 item, he indicated the importance of viewing demolition as a separate item that was appropriate under the law. Additionally, arguments are raised that the lot merger is inconsistent with the Coastal Land Use Plan (CLUP). Regarding the allegation that the project is in violation of CEQk staff has done extensive analysis and noted that categorical exemptions are appropriate in this case and that there is no significant impact to the environment. Regarding the allegation that the item violates the Brown Act, City Attorney Harp stated that the agenda item adequately covered what is being considered tonight. He indicated that he sees no legal impediment for Council to take action tonight on this item and noted that the attachments cited in Mr. Miles's letter were not received and are not part of the record. Mayor Gardner opened the public hearing. Cora Lee Newman, Principal with Government Guida), noted the attendance of the applicant's reviewed all the materials in the report. She rc findings in the staff report and added that the restrictions set forth in the resolution. She report modifications made by the applicant to complyjt She believed that Council's requests from the last the Planning Commission's recommendations. Sl be transparent. She further listed all actions t th 't Solutions aud',representing the applicant (John professional team�-and indicated that they have guested' approval of the lot merger based on the applicant will compleEely- comply with all of the Jd meeting with the community and addressed the ith the - Planning Commission, recommendations. nesting were met and noted agreement with all of e indicated agreement that all roof railings would lien, ,to resolve the issues and urged Council to approve e r em. In response to Council Member Hill's question,_ Ms. Newman,reported that in trying to get to the intent of reducing the house by three -feet, the grads was reduced, by 1' /x feet and the height of the house by 1 Y feet. '�A Discussion followed regardin'g, the proposed' height of the house versus the Planning Commission requirements, and methods of determining the height. It was noted that if the roof is ridged, a height of 29 feet is allowed. However, if the r' f is flat, the allowable height would be 24 feet. Council Member Rosan'sky pointed out that the,\roof adjustment was not according to the Planning Commission -recommend ations but rather -- according to the discussions from the last Council meeting., y Council Member Daigle noted that`the application is for a lot merger and inquired regarding allegations that the proposal is not consistent with the existing pattern of the area. City Attorney Harp agreed that consideration should be given to whether it is consistent with surrounding orooerties;.however. it is un o Council to determine if that criterion is met. Community Developmentf'Di ector Brandt reported that staff has provided information in justification of the "findings and offered to provide support for the analysis. Senior Planner Ramirez presented a map illu`straiing the larger lots in the area and showing a representation of the lots that have been formally merged into larger lots. It was further noted that the Zoning Administrator indicated that the findings could be made based on several factors, including how the lots vary in size, with no set development pattern along Ocean Boulevard. Council Member Rosansky indicated that from the front of the lot, it is not much wider than many of the existing lots. He noted that there are many big homes in the area that are on smaller lots. Council Member Daigle noted that lot width is a criteria along a subdivision pattern. Mayor Gardner noted that part of the proposed project is underground. Cliff Jones noted that the issue is about a lot merger. He addressed the review by the Planning Volume 60 - Page 503 City of Newport Beach City Council Minutes June 26, 2012 Commission and believed that the project should not be approved since it is inconsistent with the surrounding pattern of development and is an anomaly. Mayor Pro Tern Curry inquired regarding concessions made by neighbors in the negotiations. Mr. Jones addressed the deed restrictions and reported that the applicant was provided with dimensions but did not agree with them. Jeff Duime reiterated that the matter is about a lot merger, expressed concern with setting a precedent, spoke in opposition to the project, and urged Council to deny the project. Council Member Selich noted the importance of how the lot is perceived and reported that the street frontage of the proposed lot merger is substantially less than otbzr nearby lots. Alberta Silva spoke in opposition of the merger and enc'ouraged`Council to vote for denial. She addressed detriment to health, peace and comfort, loss property value, and incompatibility with surrounding homes. City Attorney Harp pointed out that the term surroundingfmeans more than just the adjacent lots. Stephen Miles, Miles Law Group, addressed the timing for submitting his material, took issue with relying on a categorical exemption for a lot merger;,and alleged that there was no related CEQA analysis. He believed that there were other componerits(of the project that were ignored, including the historical aspects of the buildings::FI.Li- addressed the project's square footage and referenced the CLUP that indicates the number of allowable dwelling units per,acre. He expressed the opinion that the proposed lot merger will violate the Land Use' -Plan and thaf'the City cannot make a finding of consistency with the CLUP and the General Plan. 'He `presente`d' an example of a comparable lot merger case that was denied,,took exception to the, iatement &it a demolition permit is ministerial, and addressed the basis for noting that the Biown Act was violated. In response to Mr. Miles' allegations regarding the historical aspects of the demolished buildings, City Attorney Harp stated that Council will be considering the project as it exists today for purposes of CEQA. He noted that -the peo ote owner legally, had the right to demolish the buildings. - -'�' - -- - 1fI Community - Development Director Brandt stated the importance of remembering that the General Plan sets the overall development, parameters for the communities which are further implemented by the Zoning Code. She noted that'`the Zoning Code sets a minimum lot size for a property and not a maximum lot size. She also addressed the density range for the area as stated in the CLUP and read into,'•the record Section 2.0 Land 'Use Element of the Coastal Land Use Plan in relation to the General Plan, John Cummings- believed that the subject block is a hodge -podge and spoke in support of the lot merger. He presented.pictures with examples of other lot mergers within the City. Danny Daneshmand spoke on behalf of his daughter who.owns property on Ocean Boulevard. He stated that the lot merger will affect the value of surrounding properties and took issue with the demolition of the buildings since they might have had historical value. He addressed the proposed height and urged Council to deny the project. Mark Todd, representing Mr. Guida, the applicant, stated that if there had been historical value to the property, the previous owner would have raised the selling price. He noted surrounding large lots and addressed setbacks, believing that the project would improve the view to other houses. He also discussed compromises made by Mr. Guida. He further pointed out that the deed restrictions do not negate a lot merger. Volume 60 - Page 504 City of Newport Beach City Council Minutes June 26, 2012 Peter Campbell, parents live adjacent to the project, addressed his parents' health and noted that he is one of their principal caregivers. He stated that this has been very distressing for them and encouraged Council to deny the lot merger. Linda Jones reported that their lot was never merged. Ruth Alter, Owner and Principal of Archeos, listed her experience and qualifications as a historical resources consultant, and presented her opinions regarding the buildings that existed on the subject property. She addressed post and beam construction used in one of the buildings, and expressed her disappointment that the buildings were demolished. Y Dan Purcell encouraged the maintenance of decorum. Jim Mosher addressed the density issue and zoning for the�propert3,,.\He expressed concerns with reducing public access to the coastal environment. Andrew Patterson noted the importance of being „good neighbors and indicated support for the project. r '' Cora Lee Newman noted the actions taken by,;the applicant to comply with` Council's May 8 directions and reported that the item is not only about the lot merger, but has continuously been about the height of the house. t There being no further testimony, Mayor ;Gardner closed the public hearing. Council Member Rosansky reiterated his support foi the lot merger,, Regarding the Juaneno Baif&of Mission Indians; condition relative to monitoring the grading of the property, Ms. NewmanAddicated that the applicant accepts the condition if it means that Council will approve the project Motion by Council Member Rosanskv, seconded by Mayor Pro Tem Curry to reverse the Planning Commission's decision by- adopting 'Resolution No. 2012 -52 to approve Lot Merger Application - N6- LM20,11 -002 - including` theiad`ditional condition proposed by the Juaneno Band of MissionlIndians and the " ^changetin square footage to a maximum of 7,116 square feet. Council Member Hill repo ed thatiWthe lots are not merged, a home can be built on each of the lots. ”` l Community, - Development Director Brandt reported that the City would comply with the current Zoning Code`standards which are included in the staff report. Discussion the recorded easement. Council Member Daigleihdicated that she does not support the lot merger because the size of the lot is not consistent with the predominant forms in the area and it is not in keeping with the density requirements in the CLUP. Mayor Pro Tem Curry believed that the applicant did what they were asked to do, but the neighbors have not been willing to compromise. He indicated support for the lot merger. Mayor Gardner expressed frustration with the demolition of the houses and believed that most of the conversations at the May 8 meeting were about the height. She addressed the height, setbacks and frontage, and believed that the project would be a better fit for Ocean Boulevard. Volume 60 - Page 505 City of Newport Beach City Council Minutes June 26, 2012 motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn Noes: Council Member Daigle XII. CONSENT CALENDAR (continued) 13. ONE BEACON BAY: AUTHORIZATION TO EXECUTE LEASE RESTRICTION. 1100 -20121 City Manager Mff reported that staff was able to find the 20( Commission and stated that in the proposed special conditions' for Commission made additions regarding landscaping prohibitions and 11 11 Mayor Gardner suggested deleting the term "landowne ; "in the agi Coastal Commission indicating what was previously,''a'pproved and regarding the addition of "landowner" in the agreement. } City Attorney Harp suggested adding language to " .; agreement provided that the Coastal Commission .,ren Beach be bound by the conditions ". City Manager Kiff stated that staff will' w' ork with Mr. needed. ' 3 document from the Coastal Mr. Cunningham, the Coastal ublic access signage. and returning it to the City was not advised rize the City Manager to execute the the provision that the City of Newport and the Coastal Commission as Motion by Council Member Daigle, seconded bv'Council Member Henn to authorize the City Manager to execute the California Coastal Commission mandated Lease Restrictions for One Beacon Bay, provided that the City; as landowner, isAnot•bo`und by sard're'strictions. The motion carried byjAe following roll call vote: Ayes: Council Member,, 11 Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member S'ehch fbouncil Member Henn, Council Member Daigle XVII. CURRENT BUSINESS v 19. APPOINTMENTS TO BOARDS AND COMMISSIONS. [100 -2012] serve terms effective July 1, 2012 td June 30, 2016: Council Member Rosansky announced that he will be recusing himself on the Board of Library Trustees-and Civil7Service Board votes since he is related to one of the nominees. He noted that he was on the Council Ad Hoc Appointments Committee and also recused himself from conducting interviewbSoFthose Boards and Commissions. City Clerk Brown indicated that the Board of Library Trustees and Civil Service Board appointments will be conducted first. Mayor Gardner indicated that there is impressive talent in the City. Council Member Henn expressed concern that the City did not receive any application for the Building and Fire Board of Appeals and encouraged staff to see if over time applicants can be identified. Jim Mosher commented on the lack of Building and Fire Board of Appeals applications. Volume 60 - Page 606 City of Newport Beach City Council Minutes June 26, 2012 City Attorney Harp noted that a person should only serve on one Board, noting that Robyn Grant has been nominated for two. City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Amy Claster (Daigle, Curry, Mayor Gardner) Robyn Grant (Hill, Selich, Henn) City Clerk Brown announced that a second vote will need to be taken and announced the second vote as follows: Amy Claster (Daigle, Curry, Mayor Gardner) Robyn Grant (Hill, Selich, Henn) r Following discussion about methods to break a tie vote. City Clerk Brown announced that a third vote will need to be taken and announced the third vote, as follows: Amy Claster (Daigle, Curry) s- Robyn Grant (Hill, Selich, Henn, Mayor Gardner) lF� City Clerk Brown announced that Robyn Grant is a' pointed to the Board of Library Trustees for a four -year term. City Clerk Brown read the ballot votes for the,Civil Service,Board as follows: Debra Allen (Hill, Curry, Selich, Henn, Daigle, Maydi Gardner) Mickey Dunlap (Hill, Curry, Selich, Henn, Daigle, Mayor Gardner)' City Clerk Brown annci —ced -'that Debra Allen''and Mickey Dunlap are reappointed to the Civil Service Board for a four -year term. City Clerk Brown read the ballot—votes for the Croy Arts Commission as follows: Rita Goldbei ;g','Ifll,'Rosansky;,Curry S61ich;,Henn, Daigle, Mayor Gardner) Carolined Lo g an Hill) Sith ' -, y ti Cry\,Robert m , � _ S\e ch, Henn, Daigle, Mayor Gardner) City Clerk Brown announced that Rita Goldberg and Robert Smith are reappointed to the City Arts Commission for a four -year term. City Clerk Brown, read the Ballot votes for the Harbor Commission as follows: Paul Blank (Hill, Curia•,; 96beh, Henn, Daigle, Mayor Gardner) Dana Tascher(Rosanskv) City Clerk Brown announced that Paul Blank is appointed to the Harbor Commission for a four - year term. City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission (PB &R) as follows: Gloria Alkire (Hill) Kathy Hamilton (Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner) City Clerk Brown announced that Kathy Han-Alton is reappointed to the PB &R Commission for a Volume 60 - Page 507 City of Newport Beach City Council Minutes June 26, 2012 four -year term. City Clerk Brown read the ballot votes for the Planning Commission as follows: Daniel Boyd (Mayor Gardner) Larry Tucker (Hill, Rosansky, Curry, Selich, Henn, Daigle) City Clerk Brown announced that Larry Tucker is reappointed to the Planning Commission for a four -year term. 20. DECLARATION OF SURPLUS ASSESSMENT DISTRICT" FUND BALANCES AND REFINANCING OF 14 ASSESSMENT DISTRICTS. 1100- 20121 Council Member Hill recused himself from hearing thCaforementioned item because he owns property within one of the Special Assessment Districts'and departed the,Chambers. Council Member Rosansky recused himself from hearing the aforementioriea,item because he owns property within one of the Special Assessment Districts and departed the Chambers. Council Member Henn recused himself from hearing the aforementioned item because he owns property within one of the Special Assessment Districts and departed the Chambers. In response to Council Member Daigle!s,question, Dep'ut'y: Finance Director Matusiewicz reported that there was an additional $3,500 fee- for.a`n- escrow verification, described the tasks of a Placement Agent and Financial Advisor, and stated `that these is a typographical error to one of the Resolutions. Discussion followed regarding related savings to prop`erty owners. Motion by Mayor Pro Te'insCurrv, seconded'-6v Council Member Selich to a) adopt Resolution No. 2012 -53, authorizing the City to declare the remaining improvement fund balance as surplus and provide staff directign as to th'e distribution o ,improvement fund balances in Assessment Districts 92 (Coast Highway /Tuatin), 96-2 (Ocean Front),,and 101 (Central Balboa); b) adopt Resolution No. 2012 -54, hereby adopting',th -e Reassessment Report, confirming and ordering the reassessment by summary proceedings and authorizing and'direeting related actions; c) adopt Resolution No. 2012 -55, declaring intention to'.:Tevy reassessments and tissue refunding bonds; and d) adopt Resolution No. 2012 -56, authorizing the,,issuance of refunding bonds, and approving and authorizing related documents and actions. 1 The motion carried by the following roll call vote: Ayes: Mayor'P,ro Tem Curry; Mayor Gardner, Council Member Selicb, Council Member Daigle 21. LABOR AGREEMENT: NEWPORT BEACH POLICE ASSOCIATION (NBPA) (C- 2056). [100- 2012)A� City Manager Kiff highlighted the change in pension contributions and noted a provision that if the City's costs increase, employee costs would go up with the City's costs to the 26.5% level. In response to Council Member Daigle's question, City Manager Kiff explained the changes in pension participation for sworn officers and civilian employees. He addressed offsets, cost -of -living adjustments, and details of the second tier as well as comparisons with other jurisdictions. In response to Council questions, City Manager Kiff explained the differences in costs between tiers, the possibility of reaching a 50150 ratio, and Employer Paid Member Contributions (EPMC) reforms. Jim Mosher inquired about increases in the costs to tax payers over the life of the MOU, whether Volume 60 - Page 508 City of Newport Beach City Council Minutes June 26, 2012 increased costs include attorney fees and staff time, and stipulation with the Police Department regarding consequences of not reaching an agreement by a certain date. City Manager Kiff reported that the Police Department did not ask for a refund, but agreed to roll over the 3.5% on a going- forward basis without repayment reverting back to January 1, 2012 and roll it from a payroll deduction to a direct payment of the employee share. He addressed the overall cost, noting that it does not include the cost of outside counsel, and expressed appreciation to the Police Department for their commitment to keeping the City a safe place. Motion by Council Member Rosansky, seconded by Mayor Prd Tern Curry to a) authorize Mayor Gardner to execute a Memorandum of Understanding (MOU) with the NBPA; b) adopt. Resolution No. 2012 -57, relating to PERS and ending reporting of Employer -Paid Member Contributions (EPMC) over time; and c) designate the'City Manager as the authorized i � representative to execute subsequent written agreementsrun der _ S\tion 5(B) of the MOU (Work Schedules). ` The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member RosanskvrMayor Pro Te •ry_, Mayor Gardner, Council Member Selich, Council Member Henn,;Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XDt. ADJOURNMENT - 10:50 pan. The agenda for the Regular Meeting was posted of Bulletin Board located outside of the City - of Ne supplemental agenda for the,Regular Meeting wai City Hall Bulletin Board located,,outside of the \.city \, y �r City Clerk &une 21, 20.12, at 3:05 p.m on the City Hall /s'. Tort- 'Beach Administration Building. The posted on-June 22, 2012, at 3:20 p.m. on the of Newport Beach Administration Building. Recording Secretary Mayor Volume 60 - Page 509