HomeMy WebLinkAbout01 - MinutesAgenda Item No
May 22, 2012
111115101, Will I Kri I=
lx 4
City Council Minutes
City Council Study Session - 4:00 p.m.
May 8, 2012 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Sellch,
Council Member Henn, Council Member Daigle
Excused: Council Member Rosansky
Council Member Rosansky arrived at 4:18 p.m
f
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Council Member How
the City's Vehicle Addressed Solicit
10.62), City Attorney Harp stated tt
after the same ordinance and that
available to achieve the.same intent.
factual support,
not address issi
Henn added tha
In response to
regarding permits
may be valuable to
�i
reported t
that staff is
contractors to
ion regarding
Agenda
2. UPDATE
stions regarding Item 3 (Ordinance Repealing
aw, Newporti Beach Municipal Code, Chapter
rently,_all the Paws in the books are modeled
is exploring other ordinances that might be
ded`that thb -court ruled that if there is enough
justified. He also reported that the court did
tall will look into the matter. Council Member
an ordinance in place that would help.
_C+,gdner's question regarding Item 5 (Professional Services
QEA; t:-for- -. Permitting and Engineering Design Services for
Harbor Island:'-Channel Dredging), Harbor Resource Manager
f'is� very confident regarding reimbursement by the County. He
nOy Vorking on the agreement to eventually obtain firm prices
rn to 'the County with a formal agreement. In response to her
7 ( Planing Commission Agenda for May 3, 2012), Community
randt provided an explanation for why items on the Planning
to be re- noticed.
BAY DREDGING. [100 -20121
Harbor Resource Manager Miller presented a PowerPoint that provided an update on the
Lower Bay Dredging project that addressed public outreach, the current and potential
dredge plan, potential dredge plan, Lower Bay Bathymetry, targeted surveys to verify
reported high spots, Port of Long Beach Middle Harbor fill site, other 3rd party disposal
activities, Linda Isle/Harbor Island Channels, sediment characterization, and eelgrass. He
provided contact information to the public for questions.
In response to Council Member Daigle's question, Harbor Resources Manager Miller
reported that the contractor is the U.S. Army Corps of Engineers Federal contractors and
Volume 60 - Page 441
City of Newport Beach
City Council Study Session
May 8, 2012
added that management is a joint responsibility with the U.S. Army Corps of Engineers
and the City.
Harbor Resources Manager Miller stated that the Port of Long Beach disposal window
closes on June 30, 2012, addressed the execution of the agreement, and provided the hours
of operation. He noted that the contractors are requesting to work a twenty-four hour
schedule to maximize the sediment.
Council Member Henn expressed support for allowing the contractors to work a twenty -
four hour shift.
In response to Council questions, Harbor Resources Manager Miller stated that
the disposal site in Port of Long Beach is filling up fast, reported that it is not feasible to
float the full- loaded scows out of the harbor, stated that' e,6ontractors can work a full
shift to take advantage of the tides to fill to the greatest extenC and float out, added that
contractors are actively looking for additional scowls; and stated tliaG he can provide a copy
of what a 24 hour schedule would look like. li
Harbor Resources Manager Miller thanked Council for making, ',,the project
happen, addressed a recent visit from Colonel :Toy and Bryan Moore, the:,ytop civilian
employee in the Corps of Engineers, expressed appreciation to the Hornblower and
Chandler Bell for transporting them in the pontoon' boats.
In response to Council questions, Ht
no contingency plans for land base`(
put to good work, reported that the
container storage, and presented a si
Council Member
In response to Couni
data that supporte,tl
of Linda Isle does rii
landfill.
Mayor'Pro Tem Curi
believed that this is
dredge equipment is
3. BUDGET OVERVII
his
that the sea
lve,a lot of i
Resources Manager Miller stated that there are
al; ,stated that-the Mooring Master Plan will be
land -at -the Port-of-Long Beach will be used as
ry of the-,project.
�ciation to staff for their efforts.
urces Manager Miller reported that there is
rising, stated that disposal for the back side
, and noted the possibility of disposing at a
this is one of the most important projects for the City and
ity to save money and do as much as possible while the
121
Assistant CAy,Manager Dana Smith reported that this is the fast of three presentations
regarding the'City Bridget and stated that Finance Director McCraner will provide trends
and projections For ";key revenues which are still moderately growing. She added that at the
next two scheduled budget meetings, staff will discuss Departmental budgets, review CIP
project priorities, and entertain suggested changes by the City Manager and Council. She
highlighted three foundational areas of change including technology, workforce
management, and facilities while presenting details of each. She acknowledged and listed
accomplishments during the last year and deferred to staff for a report.
Finance Director McCraner reported that comments from the finance Committee have
been incorporated into the revised presentation. She addressed budget principles, year -end
close, General Fund Revenue Projections, General Fund Expenditure Projections, Key
Initiatives, and Critical Decision Points. In addition, she presented details of the Fiscal
Volume 60 - Page 442
City of Newport Beach
City Council Study Session
May 8, 2012
III.
Lut
Sustainability Plan, FY 11 -12 Projected Operational Savings, recommendations for use of
the projected surplus, FY 12 -13 General Fund Revenues, Four -Year Revenue Comparison,
FY 12 -13 Expenditures by Function, Four -Year Expenditure Comparison, Debt Service
Expenditures, and Pension Costs. She addressed changes in earnings assumptions,
Information Technology Internal Service Fund, and staffing levels. She provided
recommendations for consideration by Council, stated that staffing levels are at 2001 levels
prior to the annexation of Newport Coast, employee ratio per resident has decreased,
added that the budget is balanced, and reported that year -end will close with a surplus
that the City Manager proposes to use to fund additional capital improvements.
Assistant City Manager Smith addressed initiatives including collaboration with
surrounding cities, opportunities for using the private sector to outsource, better use of
technology, and business - improvement processes. _ \
Council Member Henn commended staff for their, efforts and addressed pension costs,
employee contributions, the amount of progress being made, the importance of investing in
public value, and other initiatives providing: pportunities to move.., toward the City's
overall goals.
Mayor Pro Tern Curry commended the 'City.,Manager, staff, and employee! groups. He
noted the recovery of sales, believed that "technology, investment is important going
forward, and added that reserves are not being sed to balance the budget.
Council Member Daigle expressed hei appreciation fo'r,the participation of employees and
expressed concerns regarding the sustalnability of the system.
PUBLIC COMMENTS - None ;
ADJOURNMENT - 5:06.p:iu
j�
Recording Secretary
\ fi
1 Mayor
City Clerk
Volume 60 - Page 443
City Council Minutes
Regular Meeting
May 8, 2012 -- 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:06 p.m.
A. CONFERENCE WITH LABOR NEGOTIA
Agency Designated Representatives: Dave,Kif1
Special Counsel
Employee Organizations: All Labor Associatioiif
Lifeguards (ANBOL); Lifeguard Management As`:
Management Association (NBFMA); Newport Beach
Management Association (PMA); Poli'cc * Employee
Association (NBCEA); Newport Beach, \IProfession
(NBPTEA); Newport Beach Employees League'(NBI
(UPEC, Loca1777)
B. PUBLIC EMPLO'
54957): r
r. r
Title: City Manager
III. RECESS`':-
IV. RECONVENED AT 7:00
V. ROLL CALL,,
Present: CouncihMembe:
Gardner, Co anti
§ 54957.6):
and Richard Kreisler,
kssociation of Newport Beach Ocean
ation (LMA); Newport Beach Fire
refighters' Association (NBFA); Police
Association (PEA); City Employees
& Technical Employees Association
and Newport Beach Part -Time Unit
� 7
EVALUATION (Government Code
IIII
I;
Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Iember Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp reported that there are no
reportable actions.
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. INVOCATION -Mayor Pro Tern Curry
DC PRESENTATIONS
Volume 60 - Page 444
City of Newport Beach
City Council Minutes
May 8, 2012
Proclamation Designating May 13 to May 19, 2012 as Poppy Week - Mayor Gardner read
the proclamation and presented it to American Legion Auxiliary Post 291 President Kendall
Madsen. Miss Poppy, Rachel Heidemen, recited the poem, "In Flander's Field," and handed out
poppy boutonnieres.
Relay for Life Proclamation - Mayor Gardner read the proclamation and presented it to
Relay for Life City Slickers Team Members, Peggy Fort, Matt Lohr, and the rest of the City
Slickers Team. Recreation Manager Lohr expressed appreciation to Council Members Hill and
Daigle for wearing purple, provided information regarding the event, addressed amounts raised
last year, and announced details of the upcoming events. Peggy Fort encouraged community
members to get involved in Relay for Life and thanked staff and Council for their
participation. Mayor Pro Tern Curry thanked staff, reported that Council has been involved in
the event for many years, and encouraged residents to participate.
Fire Chief Poster introduced Assistant Fire Chief Kitch, listed his qualific`aiions, educational
background, and duties in his new position.
X. NOTICE TO THE PUBLIC lam`
XI. CITY COUNCIL ANNOUNCEMENTS,-OR MATTERS�WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE'- '-AGENDA FOR, DISCUSSION. ACTION OR
REPORT (NON- DISCUSSION ITEM)
Mayor Pro Tem Curry reported that he attended the An nual'Scbolarship Breakfast sponsored by
the Chamber of Commerce,and' filled in for Mayor, Gardner for several Film Festival events. He
added that he attendedrtli KOCE Radio Fundraiser as well as the opening of the Lido Harbor
and Newport Harbor Yacht Club's`.
Council Member Daigle reported 'that she attended',the Fourth Annual Crime Victims' March and
Rally sponsored. by rDistrict Atiorn'ey loriy`•Rackauckas, in which he r were many testimonials
presented from victim8 h ultimately be`camadvocates for advancements in the criminal
justice system. In addition, she reported that she attended the opening of the Newport Harbor
Yacht-Club, addressed the current- :harbor dredging project, and stated she looks forward to
attendiiig,the upcoming Balboa Yacht'Cla opening day.
Council Member Henn reported that the Balboa Village Citizens' Advisory Panel will meet on
Tuesday, May 15, 2012, at the Nautical Museum where the panel will be considering the first
draft of an implementation ;plan to redraw the vision for the area as well as governance and
economic developmenE incentives to help revitalize the Balboa Village. In addition, he announced
that the Tidelands Management Committee will meet on Wednesday, May 16, 2012, at 4:00 p.m.
at the Oasis Senior Center and invited the public to attend both meetings.
Council Member Selich announced that Sunday, May 20, 2012, is the"2012 Balboa Island Art
Walk from 9:00 a.m. to 5:00 p.m.
Mayor Gardner reported that Saturday, May 12, 2012, will be the First Mayor's Walk leaving
from the Oasis Senior Center at 9:00 a.m., reported riding her bike on the Corona del Mar foot
bridge where she was advised that she is supposed to walk her bike, noted that she saw a sign on
the way back that was not very visible, and encouraged the Public Works Department to place
Volume 60 - Page 445
City.of Newport Beach
City Council Minutes
May 8, 2012
visible signs so that residents will know not to ride their bikes over the foot bridge.
XII. CONSENT CALENDAR
A.
U]
C.
1-93
READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE APRIL 24, 2012 STUDY SESSION AND REGULAR
MEETING. [100 -20121 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, ,a &direct the City Clerk to read
by title only.
ORDINANCE FOR INTRODUCTION
3. ORDINANCE REPEALING THE CITY'S VEHICLE ADDRESSED
SOLICITATION LAW, NEWPORT-tEA'CH MUNICIPAL CODE;,CHAPTER
10.62. [100 -2012] Introduce Ordinance -No. 2012 -12 regarding the repeal of the
City's Vehicle Addressed Solicitation Law.
r .
CONTRACTS AND AGREEMENTS-
4. PROFESSIONAL SERVICES AGREEMENT ' -WITH ANCHOR, QEA, L.P., FOR
WATER QUALITY AND FIELD MXNAGEM'ENT SERVICES FOR THE
LOWER BAY. - FEDERAL DREDGING PROGRAM (C- 6118). (381100 -2012) a)
Approve and execute the Professional Services Agreement with Anchor QEA for
water quality monitoring, and authorize the Mayor and City Clerk to execute the
agreement; and b) approve Budget Amendment No. 12BA -036 transferring $388,017
from Account No. 7231,01402004 and�$15,000 from Account No. 7231- C4402007 in
project savings to,Account No 723i'= C4402003.
PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR, QEA, L.P., FOR
PERMITTING AND` ENGINEERING DESIGN SERVICES FOR
CITYXOUNTY',LINDA ISLEIHARBOR ISLAND CHANNEL DREDGING (C-
5119). [381100 -20121 a) Approve and execute the Professional Services Agreement
wi£h.Anchor QEA for permitting and engineering design services for the Linda Isle
and Harbor Island Channels, and authorize the Mayor and City Clerk to execute the
agreement; and!.b) approve Budget Amendment No. 12BA -037 transferring $103,065
from Account ;, o. 7231- C4402007 in project savings to Account No. 7231- C4402003.
6. FY 11 -12 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT
NO. 5087. [381100 -20121 a) Approve the project drawings and specifications; b)
award Contract No. 5087 to American Asphalt South, Inc., for the Total Bid Price of
$687,000 and authorize the Mayor and the City Clerk to execute the contract; and c)
establish an amount of $34,350 (5 %) to cover the cost of unforeseen work not
included in the original contract.
MISCELLANEOUS
Volume 60 - Page 446
City of Newport Beach
City Council Minutes
May 8, 2012
PLANNING COMMISSION AGENDA FOR MAY 3, 2012. 1100 -20121 Receive
and file.
8. SUPPORTING ONTARIO'S BID TO OPERATE ONTARIO INTERNATIONAL
AIRPORT (ONT). (100 -20121 Authorize Mayor Gardner to send a letter to the
Mayor of Ontario regarding the City of Newport Beach's support of the City of
Ontario's bid to operate ONT.
Motion by Mayor Fro 'rem Uurrv, seconded by Uouncil;,Member Hosansky to
approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosaii6ky, Mayor 'Pro Tem Curry, Mayor
Gardner, Council Member Sehch, Council Member Henn, Council 'Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR %None
XIV..PUBLIC COMMENTS ` Z,
John Carr, Southern California Volunteer Representative ,for, the National Motto, "In God We
Trust ", presented background of the organization „and requested,that Council consider adding the
reaffirmation of the motto to the next agenda. `-
Tony Armijo referenced regulation 10.08.030 and expressed his,desire , for a special retail business
at McFadden Square. He,acknowledged that installation of a' retail merchandising unit is
prohibited in that area,,biit believed that it woiild be very successful and be a great addition to
the venue and visitorfexperience and addressed, potential economic gain to the City. Mayor
Gardner advised him`that he can obtain Council email information through the City's website
and directed him to sere- relative,.,information',�to see if there is a desire by Council to
proceed. Assistant City Mariager Smith dire ted him to speak with staff for assistance.
Diu
Gary Belt -'noted that the lewport,Shores area is interested in the dredging project, reported that
he obtained information fi•ova•the Aimy "Corps of Engineers that they are to begin in the month of
Septemlier, and wanted to ensure thafthe budget include a permitting process for the project.
Nancy Skinner commended 'Harbor Resource Manager Miller for his work on the dredging
project and referenced a previous speaker's request to agendize consideration of "In God We
Trust ", indicating•;that she hoped Council does not agendize the item because it might cause
problems in the comniiinity, '
Council Member Daigle reported that at the Airport Land Use Commission's last meeting the
Commission evaluated the airport environment plan for the Fullerton Airport. She reported that
one of the common issues with airports is compatibility with residential areas and stated that the
Commission supported the recommendations of the City of Fullerton in approving the plan.
Council Member Henn reported that the Balboa Village Citizens' Advisory Panel met on May 2,
2012, to review the brand promise and vision information that has been developed and noting
Volume 60 - Page 447
City of Newport Beach
City Council Minutes
May 8, 2012
that it was developed, stated that the idea is to use the data to develop the vision and the brand
for Balboa Village, provided some of the results of the survey, and noted a statement of vision will
be considered at the next meeting on May 15, 2012, as part of the implementation plan.
Mayor Pro Tem Curry reported that the Finance Committee met on Monday, May 7, 2012, to
consider the budget as presented during the Study Session. He stated that they were advised that
the City has an opportunity to combine several assessment districts and refund the outstanding
debt resulting in significant savings to homeowners who live in the subject assessment districts.
XVI. PUBLIC HEARINGS
9. SUBSTANTIAL AMENDMENT TO COMMUNITY ,DEVELOPMENT BLOCK
GRANT (CDBG) ACTION PLANS FOR FISCAL YEARS -2010 -2011 AND 2011 -2012.
[100 -20121
l ,
Senior Planner Campbell presented details of the report including caricellation of two prior
programs and reprogramming the corresponding funds�with the current year CDBG Action
Plan. " 1
Mayor Gardner opened the public hearml..g"
Jim Mosher referenced the final page,of the report,noting that there were applications for
the program but that the applicAioas' were never completed and wondered if the City
reached out to the applicants to help them`with.the applica -on.
Senior Planner Campbell reported that.a consultant o ked with the applicants and added
that additional documentation was requested but never submitted.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Council Member Hill, seconded by Council Member Rosansky to adopt
Resolution No. 201140 to approve the Substantial Amendment that 1) cancels the 2010-
2011 Utility, _Assessmerit District Grant-Program and the 2011 -2012 Sidewalk, Curb and
Gutter Improvements activity and 2) authorizes the City Manager to submit the
Substantial Amendment to�Qhe U.S. Department of Housing and Urban Development
The' " otion carried by the following roll call vote:
i
Ayes: Coiiucil Member ?Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Gardne'r, . Council Member Selich, Council Member Henn, Council Member Daigle
10. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2012 -2013
ACTION PLAN (PA2010 -071) (C-4865).[38/100-20121
Senior Planner Campbell presented details of the report establishing the budget for the
Community Block Grant program, noted that Requests for Proposal (RFPs) were solicited
for public service agencies, addressed the overall budget and priorities established
regarding limiting the spending of the funds to 15% for public services, added that the bulk
of the funding would be for Section 108 loan programs, reported that the public notice was
provided in accordance with applicable law and that staff have not received comments
regarding the proposed allocations, added that there is a new public service program this
Volume 60 - Page 448
City of Newport Beach
City Council Minutes
May 8, 2012
year involving Youth Employment Services and feedback was received from Senior
Services requesting additional funding, stated that representatives from the City
Consultant, LDM, is available to answer questions, and noted.that staff is also requesting
to extend their contract.
In response to Council questions, Senior Planner Campbell clarified that the budget for the
public services component is capped, reported that the funding cycle goes up and
down stating that it is hard to gauge what the general trend will be, and reported that the
loan was taken out in 2003 and matures in 2023.
Mayor Gardner addressed administrative costs and urged staff-io be as frugal as possible
with costs.
Mayor Gardner opened the public hearing.
Jim Mosher referenced a citizen participation plan'for distribution of the funds noting that
no comments are ever received and believed that less money should be`spent on consulting
and more on public outreach and awareness.,;
r-
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Mayor Pro Tern Curry, seconded bviCouncil Member Henn to a) approve
the Draft 2012 -2013 Action Plan; and, b) adopt Resolution No. 2012 -31 adopting the 2012-
2013 Action Plan and authorize the .City Manager to I)Nubmit the Action Plan to the U.S.
Department of Housing and Urban Development (HUD)11'2) execute the FY 2012 -2013
CDBG Program Grant Agreement and all related •document's on behalf of the City, 3)
execute subrecipient agreements withtthe nonprofit organizations receiving allocations of
CDBG funds in the. Action Plan, 4) execute'a one-year—contract extension with LDM
Associates, Inc. Cyear 3 ofr3), in an amoun_ .not to exceed $58,133 to administer the CDBG
program and toff monitor the City's Affordable Housing Covenants, and 5) authorize the
Community Development, Director, or her designee to be the official representative of the
City of Newport Beach) to,_submit required environmental documentation for CDBG
projects.:..
Th646otion 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
11. APPEAL OF DENIAL�OF LOT MERGER NO. LM2011 -002 TO MERGE 2808 AND
2812 OCEAN BOULEVARD (PA2011 -141). [100 -20121
Community Development Director Brandt reported previous consideration of the item by
the Planning Commission and Council, discussed the proposal made by the applicant and
Zoning Code comparisons, and referenced a "red- line" version of the Resolution distributed
under separate cover.
Assistant Planner Sims provided a PowerPoint presentation addressing locations of the
subject properties, previous considerations and findings by Council, comparison of
development standards, and Planning Commission consideration and recommendations.
She noted attendance of the applicant and his representative from Government Solutions.
Coralee Newman, Principal at Government Solutions, introduced herself and members of
Volume 60 - Page 449
City of Newport Beach
City Council Minutes
May 8, 2012
her team, addressed the process, provided details of the self - imposed restrictions, discussed
the original appeal, and stated that that there was a previous covenant that addressed
height. She discussed view obstruction, challenges with the covenant, location of the home,
types of homes in the community, and site lines. She also provided photo simulations of the
proposed house.
Robert Sinclair, Sinclair Associate Architects, provided his company's experience,
presented photo simulations of the proposed house, acknowledged Council's concerns
regarding the size of the merged lots, addressed the proposed frontage length and mass of
the proposed house, discussed the average grade, provided the building footprint of merged
and separate lots, and showed the setbacks and simulated view angels.
City Attorney Harp stated that it is important to note tliat. Council is not approving a
specific project, but rather the lot merger. He stated that -'the applicant drafted the
covenant as a volunteer decision so that any proposed-dhanges would need to be suggested
by him.
Mayor Gardner opened the public hearing. \
Clifford Jones reported that he has collected
against the lot merger, referenced the merge r
been detrimental to the health of,those who
appraisers have determined property, value
that the proposed project is an anomaly el
self- imposed restrictions as well as Phanrung,
current proposal does not comply with% those
that the applicant has not adhered to the sta
several points to illustrate the impacts`iof t
and asked that Coui cli reject the proposed;l'c
bver`300 signatures from residents who are
law ,,.stated that the proposed lot merger has
have`deed restrictions, indicated that various
losses because of loss of the views, reported
ative to the surrounding area, addressed the
Commission recommendations, noted that the
reconimendationg, expressed disappointment
ndards, pre`scnted photos of views taken from
he'proposed project to surrounding properties,
t merger.
In response to'Council Member Daigle's question, Senior Planner Ramirez noted that the
proposed lot would`be 13,693- square feet and other nearby lots range from 4,000 to 7,000
square £eet,with some lots being up to 14,000,square feet.
John Cummings reported''tliat lots are being merged all over the City, expressed support
for the applicant, li sted their- attempts to appease the neighbors including changing the
^ proposed two -story to'1one- story; and presented photographic examples of properties that
hace• recently gone through lot mergers.
Jeff Du6pe addressed;,- the existing covenant, stated that the Campbell's and Silva's
will proceed,'to close the Guida's permission to use the road if the merger is approved,
discussed the - possibility of a unsafe curb cut on Ocean Boulevard, indicated that the
Guida's have riot's corked with the neighborhood, and believed that the applicants are
ignoring the recommendations of the Planning Commission.
Carlin Rushing noted that the road is a lane and not an alley and added that mail is
delivered on the street.
Stephen Miles, Miles Law Group, spoke on behalf of several property owners, stated that
he is confused by the characterization of the item as a lot merger, reported that he
previously submitted commentary, stated that the project is also a proposal for demolition
and construction, referenced environmental analysis consisting of a categorical exemption
for a lot merger (Class 5), noted Class 5 does not apply to lot mergers and relates to
Volume 60 - Page 450
City of Newport Beach
City Council Minutes
May 8, 2012
changes in density, quoted Planning Commission Chair Toerge regarding the concept of a
lot merger, addressed a CEQA guideline regarding "the exception to the exemption ",
referenced the addition of Class 1 and Class 3 to the categorical exemptions describing
each, indicated that there is a need to verify heights, and urged Council to consider the
project as a whole not just as a lot merger.
City Attorney Harp stated that all of the planned activities would be categorically exempt,
so the City is not "piece - mealing" them. Regarding the Class 5 exemption, he noted that it
is appropriate because density is in fact, decreasing and reported that there are no
additional lots being created stating that the land use will still,lie residential. He noted
that in general the impact on the community, at large, must be,.considered and noted that
the proposed use is consistent with other residences adding -that there is no record of the
property being a historical property. y
Marsden Blanch, M.D., addressed the existing restrictive covenant: and asked Council to
deny the merger, noting it is the duty of Council toy protect public interest than individual
interests. He asked Council to protect the views,of the citizens of Coronadel Mar.
Jim Mosher addressed the new resolution and covenant, recommendations by the Planning
Commission relative to the need for the City'and neighboring residents to'sign off any
changes made to the covenant, referenced page,3 of the new resolution regarding the
CEQA determination (Class 1 and Class 3) noting that they have nothing to do with the
merger, addressed dwelling uniWper• acre, and indicated that the new density would not
be in the approved range.
Richard Artist believed that no one'has tried to_sunersede; the height restrictions until
now, stated that the proposed house
and affirmed that he,live "y at 2818 Oa
intent of the restrictions,
Lucinda Campbell` believed that the item• violates the Brown Act and contains nothing but
denial or approval of a,;lot merger. She, stated that the agenda does not reference
demolition or construction , as - referenced in the last resolution.
Dan Purcell noted that the,documents werr presented at the last minute, added that he did
not get to comment'at the,,last hearing on the item in favor of a longer extension before
Having the hearing' deniedleven though public comments were not closed at the time,
stated that the representative from Government Solutions was adamant about having the
h`e'aring tonight which did not allow more time, and referenced the China Cove lot noting
that`the merger was approved before the property was purchased.
Mark Toddreported that he represented Mr. Guida in the purchase of the properties and
disclosed the''deed restrictions, believed that the deed restriction is a civil issue stating
that the issue should'be handled privately, stated that the covenant makes no exclusion of
a lot merger and the self - imposed restrictions provide greater side views than the existing
structures, indicated that the residents who signed the petition were not in favor of a two -
story house and, that the proposal is now for a one -story house, noted that three lots of
greater size are within close proximity to Mr. Guide's property, and stated that the
appraiser quotes referenced earlier are speculative.
In response to Bob Clarke's question, Senior Planner Ramirez stated that the height would
be twenty -four (24) feet for a flat roof and twenty -nine (29) feet for a pitched roof. Mr.
Clarke believed that there are two issues, a private covenant and the City's allowable
building standards. He addressed the importance of the location, stated that whatever is
Volume 60 - Page 451
City of Newport Beach
City Council Minutes
May 8, 2012
built there, needs to be something special, and believed that the proposed project would
reduce density.
John Silva expressed opposition to the proposed merger.
Alberta Silva spoke in opposition to the merger, reported that the proposed project affects
their welfare and will reduce the value of their house, believed that the house would be out
of place, and asked Council to deny the merger.
Peter Campbell reported that his mother was unable to attend,,.asked how the City can
interfere with a contractual relationship that has been in place "for over fifty (50) years,
stated that the Planning Commission set guidelines that were not followed, and believed
that approving the project would set a bad precedent. =>
Hearing no further testimony, Mayor
invited the applicant to briefly respond.
Coralee Newman reiterated that she
neighbors, indicated that the only issue
view, and asked that if various recommi
opportunity to respond.
Mr. Guida, applicant, addressed tlieFloor -to -i
to a .75 FAR which would satisfy tl e,am6unt i
versus the two individual lots, responded to
that the design of the current house would fit
concerns relate to the size of the housei;being
for discussion concerniiigthe chimney ifneede
.S
In response to Mayor Pro Tem Curry's questi
explained that 'the practical impact \is
measured, discussed ow, grade will be dete
Zoning Code determines =a grade will
mea
rdnericlosed the public hearing and
rr'1
ed that her client hasti'istened to the
important to surrounding n'ei'ghbors is the
ISO weaved together, they would like the
Ratio,(FAR), stated that he would agree
a ldable`,square footage on the merged lot
i-ries from. Council Member Henn noting
hin. the .75`FAR, believed that the City's
large,�dnd added that he would be open
on, Community Development Director Brandt
related to where the grade will be
rmined on the property, explained how the
sure the overall building height; and reported
that a grading-of-70.2 foot is not required; but is where the height will be measured from.
Senior Planner Ramirez affirmed that 67.2 foot reflects the grade from the top curb of the
sidewalk. In response•`to Counci]`Mi ember Henn's question, he indicated that it is feasible
to build a house with a?fifteen (15)' -foot- height of the roofline from the 67.2 foot established
grade' .
I;
Mayor Pro`Tem Curry inquired regarding Mr. Mosher's concerns relative to decreasing the
density not meeting the definition requirements. City Attorney Harp noted that the Class
5 exemption is 'designed for looking at an increase of density, referenced Mr. Mosher's
comment regarding `the Coastal Land Use Plan and the range of allowable densities, and
noted that the Land Use Element does not contain a minimum developable area so that no
conflict exists.
In response to Council Member Daigle's questions, City Attorney Harp stated that Finding
A within the Resolution refers to concerns as to whether it is detrimental to the peace and
comfort of the community at large, not one particular property owner. Community Services
Director Brandt stated that the General Plan and Land Use Plan consider maximum
densities allowed; however, the Zoning Code is the implementing document to ensure that
development proceeds are in accordance with the General Plan. She added that the Zoning
Volume 60 - Page 452
City of Newport Beach
City Council Minutes
May 8, 2012
Code establishes a minimum lot size and ensures consistency between the Zoning
Code, General Plan, and the Coastal Land Use Plan. She also added that the Zoning Code
does not include a maximum lot size but rather a minimum lot size.
Council Member Daigle expressed concern that there is a sub - division pattern in the area
and what is being considered is not consistent but alters the sub - division pattern in the
neighborhood.
Council Member Selich addressed the density issue noting that it is applicable on general
terms to a much larger area rather than a lot -by -lot area, stated that the operative criteria
for review is the Zoning Code, and inquired regarding the comment that the Brown Act is
being violated because of the addition of the categorical exemptions for construction and
demolition in the resolution.
Council Member Hill reviewed the process so far, belie "ved that the,Planning Commission
must have determined the item is more about sizeKand view than a'lot merger, referenced
the Planning Commission's recommendations, and the applicant's disagreement, stated
that there is a solution that protects the view,' agreed -ihat the house could. be built from
the 67.2 foot grade, stated that if this is truly about�a lot merger, he would`a ee with the
initial decision of the Planning Commission and could not support the item, and added that
if the house could achieve the other aspects, he could support it.
Council Member Henn agreed with Council Member "Hill that if the house were built in
accordance with the last set of PlannuigCommission recommendations, he would support
the item.
In response to Mayor Gardner's question, Community — Development Director Brandt
affirmed that access: would need to be ,granted and` that the City's Public Works
Department has reviewed, the issue. She added that City Engineer Brine has determined
that access can be-granted?;safely.
Mayor Gardner staged that, submitting untimely material is unprofessional and that more
time is needed to review, -
City Attorney Harp clarifiea'that there are no issues regarding the Brown Act.
Aobert Sinclair reported that there is a four (4) foot differential between the front of the
house, and the back of the house; addressed the neighbor's easement and a five (5) foot
differential on the first'floor, addressed the lifted finished floor, and wondered regarding
the feasibility of a lift between the garage and the first floor.
In response to', ' Council Member Hill's question, Mr. Sinclair stated that an approval from
the neighbors oid -be needed to grade down the back.
i
In response to Mayor Pro Tem Curry's question, Mr. Jones stated that the neighbors would
like removal of the stone work and noted that if the Guida's can accommodate the height,
the neighbors would accommodate the easement.
In response to Mayor Gardner's question, City Attorney Harp noted that the issue is with
the sizing and massing of the building and noted that the applicant is proposing a
voluntary covenant stating that adding additional terms would not be appropriate. Council
Member Rosansky asked the applicant about his willingness to lower the height in return
for continued easement rights.
Volume 60 - Page 453
City of Newport Beach
City Council Minutes
May 8, 2012
Ms. Newman affirmed that it could be agreed upon if Council placed stipulations around
the discussions, reported that they were told that the neighbors would not be happy with a
three (3) foot reduction, and stated that the applicant would be open to discussions and has
always wanted to resolve issues with the neighbors.
City Attorney Harp noted that since the project is up for appeal, it would not be
appropriate for Council to interact directly to settle the item and reported that staff will
assist them.
Discussion followed regarding the applicant having presented' documents at the last
minute.
Ms. Newman reported that everything that has been preiented'is in the staff report and is
part of the public review process. She expressed concerns with relative parties not being
available for discussion.
Mr. Miles reported that he has been retained as counsel, can orchestrate'theavailability of
his clients, and would like to have all part es present -.
Motion by , Council Member Hosansk_ y,_ seconded_ by Uouncil Member Henn to
continue the item to the June 26: 2012 City Councitineeting.
The motion carried by the following rolteall vote:
Ayes: Council Member Hill, Council;,Member .Rosansky, Mayor Pro Tem Curry, Mayor
Gardner, Council Member Selich'; Council Member.Henn;' Council Member Daigle
Council Member Henn- expressed dissatisfaction that the'issue is ongoing, noted that a
decision will be made on `June 26, 2012,- stated that he was on the edge of voting for Mr.
Guida's proposal noting that Mr. Guida lids changed his proposal significantly, and urged
the neighbors to reach a compromise.
Council,Member. Daigle`expressed- appreciation for Council Member Rosansky's effort to
continue "the itdm„nnd noted she cannot make the findings for a lot merger.
Mayor Pro Tem Cur ry agreed` %�ith Council Member Henn's comments regarding the three
`foot easement issue and access to'the garage noting that he too was also prepared to vote
in support of the item.
City Attorney Harp requested confirmation that the applicant is waiving any applicable
time limits:
Ms. Newman affirmed that the time limits are waived.
XVII. CURRENT BUSINESS.
12. CREATION OF A CHARTER UPDATE COMMITTEE. [331100 -20I2J
Assistant City Manager Smith provided a report that addresses the benefits of forming the
Committee and updating the Charter. She added that the Committee would have about
eight weeks to perform their work.
Volume 60 - Page 454
City of Newport Beach
City Council Minutes
May 8, 2012
Discussion followed regarding the narrow timeframe, the process, advertising for
solicitation of members, and the application review process.
Council Member Daigle requested clarification for an amendment. Mayor Gardner clarified
that most of the amendments are for clean up.
City Attorney Harp reported that the Committee will review the items which will be
presented to Council for direction and approval, noted that it is intended that terms for
Boards, Commissions and Committees (BCC) be the same and that the process for
appointing them be streamlined, expressed the importance forrconsistency between the
BCC's, and added that there will be no modifications to the City Attorney Office's powers.
In response to Council Member Daigle's concerns, City Attorney Harp explained that there
are a lot of clean up items and inconsistencies on hoy r,! i Charter reads and how business
is being conducted. a
Assistant City Manager Smith reported that thkity Manager went'tlfrough the Charter
and noted areas that may have conflict or difficulty in% practice. She reported that it is not
a complete list for examination today, but "will comeback after the Committee has looked
at them.
t
Discussion followed regarding the limited purview' ",and whether if Council would like for
staff to move forward.
Council Member Henn agreed that• staff should come back with information to allow
Council to provide guidance to the`, Committee; stated tlial the Planning Commission
minutes illustrate that there was a loi,of discussion reeding the Capital Improvements
Plan, and expressed cpReern that it might not'-be consistentrwith the General Plan, thereby
duplicating efforts;ii
In response to`Council Member Daigle'sq estion, City Attorney Harp reported that staff
will return to Council atAe.next meeting with a more comprehensive plan regarding the
Charter Update, Committe`e:' —�`__, -
Council Member Rogansk' questioned Section 5 of the Resolution.
Council Member Henn, suggeste'd'that staff provide a list for the Committee to consider and
if'the Committee wisbes to consider something beyond the list, they can present it to
Council for approval.
Jim Mosher, suggestedfreplacing Exhibit 2, expressed concern with Council amending the
Charter, addressed the hasty appointment of a Planning Commissioner noting that it is
against State law,- `referenced previous consideration of the Special Events Advisory
Committee by resolution instead of by ordinance, expressed concerns that Council is acting
contrary to the Charter, and noted that there is not sufficient time to consider the item as
it should be.
City Attorney Harp addressed the ten -day noticing requirement noting that it is not
applicable to the formation of a new Committee, believed that it would be better to call the
group a Committee instead of Commission, and reported that Exhibit 2 will be replaced
prior to the next meeting.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to a)
Volume 60 - Page 455
City of Newport Beach
City Council Minutes
May 8, 2012
adopt Resolution No. 2012.32 creating a Charter Update Committee that will be charged
with reviewing the Charter for possible amendments and making a recommendation to the
City Council; b) bring back an updated list to Council of Sections to be considered by the
Committee at the May 22, 2012 City Council meeting; c) waive Subsection C of City
Council Policy A -2 that requires the Ad Hoc Appointments Committee to recommend
potential Charter Update Committee members to the full City Council two weeks prior to
appointment; d) confirm Mayor Nancy Gardner's appointment of Mayor Nancy Gardner,
Council Member Mike Henn, and Council Member Steven Rosansky to serve on the Ad Hoc
Appointments Committee to review applications and make recommendations to the full
Council for membership on the Charter Update Committee; and e) direct the City Clerk to
post and publish a Request for Applications for the Charter Update Committee requesting
that applications be submitted by 10:00 a.m. on Monday, May %21, 2012 for appointment on
May 22, 2012.
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, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
ti l„
XIV. ADJOURNMENT - Adjourned at 9:56 °p.m• in memory of Alan Beimfohr
The agenda for the Regular Meeting w,as posted on May $:2012, at 3:50 p.m. on the City
Hall Bulletin Board located outside of the`Cty- -of Newport Beach Administration
Building.
t,
Recording Secretary
Mayor
City Clerk
Volume 60 - Page 456