Loading...
HomeMy WebLinkAbout01 - February 14, 2012 Draft MinutesAgenda Item #1 February 28, .2012 City Council Minutes City Council Study Session February 14, 2012 — 3:30 p.m. I. II. III. ROLL CALL - 2:00 p.m. Present: Council Member Hill, Mayor Pro Tem Curry, Mayor Excused: Council Member Rosansky, Council Member Henn, 1 Council Member Henn arrived at 2:03 p.m. r'v' PUBLIC COMMENTS /r Jim Mosher reminded Council that the public should'kbe allo'� that having Item C (Conference with Labor Negotiators) o taxpayers, referenced the California Constitution stating that complete authority over the compensation paid to employe s. not demand secrecy in negotiations with etployees, opined voice their concerns to Council in a pubhc'forum,;spoke in pensions or reducing their salaries so that the\City can do,th about U.S. District Court Case No. CV85 -1542 r'eeardine tliie , Council Member Selich ember Daigle wed five (5) minutes to speak. He believed n the Closed Session Agenda omits City voters of a charter city have absolute and noted that the Ralph M. Brown Act does ii� would be better to allow employees to favor of employees saving for their own e saving for them, and expressed concern ohn Wayue Settlement Agreement. In response to Mayor Pro Tem. Curry's question, Mr..M16sher affirmed he had no part in the negotiations but expressed his right to public coi'nment. �\ t': Council Member Selibh\reque'sted and received permission from Mayor Gardner to be excused from the meetingbetaveen,2:30 p.m. and 4:00 p.m. The meeting adjourried`at 2:06 p.m. into Cloged'Session. CLOSED'-SESSION �t A. CONFERENCE WITH LEGAL ; COUNSEL - EXISTING LITIGATION (Government Code a §54956.9(a)): Two matters: 1. Chr'-istian Ben!ard v City of Newport Beach, et al. Orange,,County'Superior Court Case No. 30-2011-00456286 2. Paul M¢.th's v City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2011- 00477924 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(c)): One matter C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Volume 60 - Page 363 City of Newport Beach City Council Study Session February 14;2012 . Employee Organizations: All Labor Associations: 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); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit (UPEC, Local 777) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code.§ 54957) ij Title: City Clerk IV. ROLL CALL - 3:30 p.m. l Present: Council Member Hill, Mayor Pro Tem Curry, Mayor hardner, Council Member Henn Excused: Council Member Rosansky, Council Member Seh9h Council Member Daigle City Attorney Harp reported that there were no reportable actions taken ", V. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Hill reported tliav-,he requested an- amendment to the January 24, 2012 regular meeting minutes. Community - Development Director Brandt reported that the changes were made and copies were distributed. `• In response to Council Member Henn's,tq Agreement Between the_ rvine Ranch V County Sanitation,bistrict and the Cit the reason why � the City isfsignatory on the City as a signatory and the new a€ discharging water `into the, San Diego Therefore, the.City is`askmg tol d-ja sign Regarding Item N 4301), Council Me recommendations excess funding. 2. AMENDMENTS RECOVERY OF Street the'h �!J ion regardiugJtem No. 7 (Recycled Water Intertie '_District, Orange County Water District, Orange ltilities General Manager Murdoch reported that agreement is because the original agreement had lent includes a phrase that restricts IRWD from ek which would end up in the Newport Bay. ,to the agreement. th Landscape Improvements — Award of Contract No. that staff consider the Citizens Advisory. Panel (CAP) tpe and features to Bristol Avenue South if there is TO LTHE FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS/ ENFORCEMENT COSTS AND ENHANCED CODE ENFORCEMENT Code Enforcement Supervisor Cosylion provided a PowerPoint presentation regarding potential amendments to 'in the Newport Beach Municipal Code Chapter 1.05 pertaining to administrative citation programs for violations. He provided the goal and philosophy of the Code Enforcement Division, presented highlights of the recommended amendments, added that the Division works with the public to ensure compliance with the law, addressed the current and proposed administrative citation fine schedule, discussed standardizing the process as to who receives what level of fine, expressed the importance of having an appeals process, and addressed cost recovery. In response to Council Member Henn's question, City Attorney Harp stated that the Code Enforcement Division can track the time that the City is spending on violators who don't conform to City law, noted that cost recovery efforts would only apply to specific violations, and Volume 60 - Page 364 City of Newport Beach City Council Study Session February 14, 2012 suggested that the City only seek the recovery of administrative costs. Council Members Rosansky and Selich arrived at 3:49 p.m. Code Enforcement Supervisor Cosylion provided the criteria for assessing civil penalties assessed in addition to administrative fines, addressed notices, and stated that the emphasis is to focus on voluntary compliance. Council Member Henn stated that the recovery fee is not focused on certain uses. Mayor Pro Tem Curry suggested that staff work with the Chamber of Commerce and the Restaurant Association. Council Member Selich suggested that cost recovery be reserved for the most serious violations. George ,Schroeder discussed repeat violators, believed that; the ordinance will make non- compliant business owners aware of consequences, and expressed support for the development of an ordinance. /f Jack Gleason, representing the 28th Street Marina Association expressed support for the development of an ordinance, thanked the Code Enforcement Divisio for working with them, addressed existing operators who have conditio6 of appeoval but are nol`aIdhering to them, and noted the importance of complying, r % City Manager Kiff introduced. the new Fire Chief`Scott, Poster who expressed his appreciation for being selected and highlighted qualifications antl,experience. 3. KEEPING OF CHICKENS IN SINGLE- FAMILY RESIDENTIAL ZONING DISTRICTS. [100 -2012] \;�,_, Community Development Director Brandt providedC� Power Point presentation. that addressed the current regulations and standards +where chickens are`�permitted. She noted that they are permitted in areas that are zoned residential- agricult re, addressed specific development standards relative,;to a m�nrmum lot size of 15,000 square feet, addressed the pros and cons related to having chickens in residential areas, noted that staff supports the current regulations, and`presente&options available�to Council for consideration. In response to Council questions, - Community Development Director Brandt believed that the -•- basis -for esfablishing the minimum lot'size is typically a distance requirements, noted that Hom'eowners' Association CG &R's may preclude the residents the ability to keep chickens, and explained combined loks would still require a minimum lot size of 15,000 square feet. Animal Control Officer:, Schomburg reported that within the last year they've had twelve (12) �'r chickens in the( calls for east side of the City, and noted most people get rid of them willingly because they are high maintenance. �l\ ;! Maggie McFarland stated that she has a neighbor who keeps chickens and listed problems she has encountered_.-- Lorenza Robbins, 'neighbor. of the Golden Rod Six, reported that she and her daughter love chickens and that they add enjoyment to the neighborhood. Mike Resk reported that he is a member of the Golden Rod Six, noted that chickens brings enjoyment to him and others, listed the advantages of keeping chickens, expressed appreciation for the public support of the Golden Rod Six, suggested the possibility of finding a suitable venue for the Golden Rod Six, and thanked Council for considering the issue. Jim Mosher noted the current standard relative to keeping hens and wondered how it can be determined when the chicks are weaned. Volume 60 - Page 365 City of Newport Beach City Council Study Session February 14, 2012 VI. VII. Mayor Gardner noted that this isn't about the Golden Rod Six but rather the City's policy on chickens and asked if any Council Member would be inclined to expand the ordinance to "any 15,000 square foot lot" and there was no affirmation. She noted that the sense of the Council is to leave the ordinance as it is and reported that there was an offer to relocate the chickens to a winery. City Manager Kiff reported that staff will begin Code Enforcement actions to relocate the chickens. PUBLIC COMMENTS Jim Mosher suggested that Council consider changing the name of Avocado Street, north of Pacific Coast Highway, to Civic Center Drive. ADJOURNMENT -The City Council adjourned back into.rClosed Session at 4:34 p.m. The agenda for the Regular Meeting was posted on F. r 9, 2012, at-4:20 p.m. on the City Hall Bulletin Board located outside of the City of,Newpo, ' each Administration Building. Volume 60 - Page 366 City Council Minutes City Council Regular Meeting February 14, 2012 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m r� II. CLOSED SESSION - 2:00 p.m. and 5:30 p.m. Council Member Daigle arrived at 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters: 1. Christian Benard v City of Newport Beach, et al. `S\ Orange County Superior Court Case Nt��,�3,0- 2011 - 00456286 2. Paul Matheis v City of Newport Beach, "!,al. Orange County Superior Court Case No. 30- 201'1- 00477924 B. \ " CONFERENCE WITH LEGAL COUNSEL " - •ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 549564(c)).`One`matter C. CONFERENCE WITH ,LABOR NEGOTIATORS (Government Code § 54957.6): 1', z Agency Designated Representatives: nave Mff, City Manager; Dana Smith, Assistant City Manager; Terri,Cassidy, Human Resources,Director; and Richard Kreisler, Special Counsel and Negotiator Vrganazations: All`Lah-or,As'soUations: Association of Newport Beach Ocean (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire t Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police t Association (PMA); Police Employees' Association (PEA); City Employees (NBCEA);i `Newport ;Beach Professional & Technical Employees Association Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit it 777) D. PUBLIC EM,P.LOYEE,iPERFORMANCE EVALUATION (Government Code § 54957): Title: City Clerk,,,./' lerk ,. f III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT Volume 60 - Page 367 City of Newport Beach City Council Minutes February 14, 2012 VII. VIII. IX. X. XI. XII. City Attorney Harp announced that there were no reportable actions taken. PLEDGE OF ALLEGIANCE - Council Member Hill INVOCATION - Mayor Pro Tern Curry PRESENTATIONS - None NOTICE TO THE PUBLIC DISCUSSION ITEM) Council Member Daigle requested that OCTA be present upon - consideration of the 19th Street Bridge at the February 28, 2012 Council meeting. In addition, she'�requested that staff present a report that identifies the pros and cons of the project and directed stafftto notify the City`Managers from the Cities of Costa Mesa and Huntington Beach when the item is heard. Council Member Henn announced that the 1 4:00 p.m, at the Oasis Senior Center, the Ne: February 16, 2012 at 4:00 p.m. in the Council Advisory Panel will be at 4:00 p.m. on Febri members of the public to attend and proviie' project, he announced that it will be esp. navigability, and clean up more sediment. H'e additional $2 million for the project and requE consider expanding the City's contribution to t governmental agencies and addre sed other dr nds Committee will meet on February 15, 2012 at rtiood,ltevitalization Committee meeting will be on nbers and a meeting of the Balboa Village Citizens 21, 2012��at the Nautical Museum. He encouraged input. Re gaitding the Lower Newport Bay dredging i- ,,which will take off the "high spots ", improve ited,that the Fed`ral Government has allocated an that stsfficome back at the next Council meeting to reject% "since the entire project will be fully funded by �g- opportunities available for private donations. Council Member Hill requested a staff update�on the implementation of improvements on Irvine Avenue near the high school. Mayor Pro Tem Curry expre's'sed a - H`appy,_Valentine's Day to everyone, indicated that there are ordinances developed,-b other ctie is regulating cess to public parks by sex offenders, and directed staff to repf "rt whether sixi h an ord n_ ance would be valuable to Newport Beach at the next Study Session meeting. �. Mayor Gardner.presented the LEED certification for the Oasis Senior Center building, announced that special event`grant applications4' re due February 15, 2012 by 5:00 p.m., and reported that the City will pay for the extratpolice coverage;for the President's visit. A. 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. RESOLUTIONS FOR ADOPTION 3. APPROVAL OF THE FISCAL YEAR 2011 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM TRANSFER AGREEMENT AND TRAINING FUNDS. [100 -2012] a) Adopt Resolution No. 2012 -14 approving the Transfer Agreement and authorizing the City Manager and the Emergency Services Coordinator Volume 60 - Page 368 City of Newport Beach City Council Minutes February 14, 2012 to act as the "Authorized Agents" to execute for, and on behalf o£, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security and sub - granted though the California Emergency Management Agency; b) accept the 2011 UASI Grant Fund Training Allocation in the amount of .$70,014 to be utilized for reimbursement of training of costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel. The City of Santa Ana UASI has divided up the training allocation between the Fire and Police Departments. The amount of $31,519 has been designated for City of Newport Beach -s (City) Fire Department personnel and $38,495 for the City's Police Departmentlipersonnel; and c) approve i Budget Amendment No. 12BA -026 increasing revenue.;estimates by $31,519 in 2355 - 486D and by $34,495 in 1820 -486D, and increasin €fexpenditure appropriations by $31,519 in 7014- C8002028 and by $38,495 in 7014-,68602029. 4. ADOPT RESOLUTION TO PROHIBIT SKATEBOARDING ON GRAND CANAL WALKWAYS. [100 -20121 a) Rescind Resolution No. 2002 -13. and b) adopt Resolution No. 2012 -15 prohibiting skateboarding of certain streets, side�r lks, parks, and public areas. 4 -� II C. ORDINANCES FOR ADOPTION L] 6. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH COUNTRY CLUB, INC. P1,600 EAST COAST. HIGHWAY C -5045. [381100 -20121 a) Conduct second reading \arid -adopt Ordinance No. 2012 -4 approving Planned Community Development Plan "Nod P.C2008- OOl�.to increase the size of the golf clubhouse from 35,000 to 56,000 gross square feet; aid b) conduct second reading and adopt Ordinance No. 2012 -5 approving -- Development; Agreement No. DA2010 -005. [also refer to, Tdtion for Recoiasideration] '-J Mayor Gardner noted No on th' .4 item. 7. RE. CYCLED` WATER`'- INTERTIE% AGREEMENT' .BETWEEN THE IRVINE , � AANCH- WATER\ DISTRICT` a(IRWD), THE ORANGE COUNTY WATER „= DISTRICT (OCWD); >THE ORANGE COUNTY SANITATION DISTRICT (OCSD), AND THE CITY OF-NEWPORT BEACH (C- 5065). [381100 -20121 Authorize the City Manager to int``an agreement between IRWD, OCWD, OCSD and the City. 8. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS - AWARD OF CONTRACT NO. 4301. [381100 -20121 a) Approve the project drawings and l ) award Contract No. 4301 to Green Giant Landscape, Inc. for the total specifications;; bid price of; 305,460.00, and authorize the Mayor and City Clerk to execute the contract;,,&bstablish a contingency of $30,540.00 (approximately 10 percent) to cover the cost of unforeseen work; and d) approve Budget Amendment No. 12BA -027 recognizing $316,900.00 in federal grant money from the Transportation Enhancement (TE) funding to Account No. 250 -4880 and appropriating $316,900.00 to Account No. 7251- C2002008. E. MISCELLANEOUS 10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS FOR FEBRUARY 9, 2012. [100 -20121 Receive and file. 11. REQUEST TO RETAIN AND CONSTRUCT PRIVATE IMPROVEMENTS IN Volume 60 - Page 369 City of Newport Beach City Council Minutes February 14, 2012 THE PUBLIC RIGHT -OF -WAY AT 211 EVENING CANYON ROAD. 1100 -20121 a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow planter walls to encroach up to 4 feet 7 inches at 211 Evening Canyon Road, contingent upon all conditions of the Encroachment Permit process being met; and b) direct staff to amend the existing Encroachment Agreement, O.R. 86- 399874, to reflect the proposed improvements, and authorize the City Manager to execute the amended Encroachment Agreement. 12. UNSCHEDULED VACANCIES ON THE AVIATION COMMITTEE. [100 -20121 a) Declare the following seats vacant: Dan Gilliland - District 1 seat; Henry Arjad - District 1 alternative; Sue Hogan - District 3 alternate;,Bonine O'Neil - District 4 seat; and Ron Darling - District 4 alternate; and' b) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday, February 29, 2012, and schedule confirmation of nominees to be made on March 13, 2012. \~ 13. NOMINATIONS TO FILL THE VACANCIES ON THE' CITIZENS BICYCLE SAFETY COMMITTEE. [100 -2014 Confirm the following nominations to fill the unscheduled vacancies on the Citizens Bicycle Safety Committee: Michael Alti, Sandra Asper,, Lou Cohen, Errett Cord, BarBa ,,Danzi, Greg George, David Huntsman, Robert Kahn, Denis LaBonge, Sean Matsler rancis Peters, Anthony Petros, and John Tzinberg. \a Mayor Gardner announce; that John Heffernan removed his name from consideration for appointment.',--, Consent Calendar except for Gardner on (Item 6) and the Committee (Item 13). r!� The motion carried by the fol] Ayes: Council Menibeij1ill, C Member 5e`lich, Counci; �1r \ XIII. IY S,REMOVED FROM 1. MINUTES FOR T SESSION AND RE( Laura Curran reques to include thatsshe enforcement of tl e-,ir in Corona del Mar)-1 eccvnueu nv vuuncii iuem oti oer tcosanskv to approve the a removed'(I, 5,9 and S21) and nng the No vote by Mayor of John Heffernan as a nominee to the Citizens Bicycle Safety call vote: Aber -R sansky I Mayor Pro Tem. Curry, Mayor Gardner, Council Henn, Council Member Daigle ECIAL MEETING OF JANUARY 23, 2012 AND STUDY MEETINGS OF JANUARY 24, 2012. [100-20121 that the Special Meeting minutes from January 23, 2012 be amended uested that Council move forward with the implementation and •al facilities ordinance on all integral facilities, including the facilities Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to waive reading of subject minutes, approve as amended, and order filed. The 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, Council Member Daigle NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 Volume 60 - Page 370 City of Newport Beach City Council Minutes February 14, 2012 AND 1602 EAST COAST HIGHWAY C -5068. [381100 -20121 Tim Paone; representing Golf Realty Fund, requested that the item be continued to the February 28, 2012, City Council meeting. Council Member Selich requested and received confirmation from City Attorney Harp that the continuance will not hinder the Newport Beach Country Club from moving for Motion by Council Member Selich seconded by Mayor Pro Tern Curry to continue the item to the February 28, 2012 City Council meeting. The motion carried by the following roll call vote: r =� Ayes: Council Member Hill, Council.Member Rosansky, Mayo iPro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council M,en lber Daigle 9. AGREEMENT WITH MAXIMUS CONSULTING SERVICES, INC. TO FILE STATE MANDATE REIMBURSEMENT CLAIMS (C-4301). [381100 -20121 Jim Mosher expressed opposition to the agreement stating that he did not regard this action as good stewardship of the public trust, stated 4hat ,/the contract was signed in 1998 with no indication that it was reviewed by the City Attorney nor filed by the City Clerk, and believed that the City should pay more attention to contracts to.follow Charter policy. S21. the Mayor and City Clerk to execute a Pro substantially the same form as attached to t State Mandate reimbursement claims for July 2010 through June 30 2(31,1, and to also file Reimbursement Process claim; and b) waive engage M proposals. The motions, AyeT- Council %� Council services on ea av uounell Member Henn to a) authorize fess_ional Ser`-iC s Agreement with Maximus in he "st.fffreport' authorizing Maximus to file the U-2009-through June 30, 2010, and for July 1, acclaim for 2012 related to the City's Mandatory Council Policy F -14, and authorize the City to ;le Source basis without obtaining competitive nber Hill' ;council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, abbr Selich- Council Member Henn, Council Member Daigle No. \`,2012- 20'AMENDING THE SPECIAL EVENTS ADVISORY ;SEAC} MEMBERSHIP, TERM, AND DUTIES. [100 -20121 Jim Mosl er.helieved that Council does not follow procedure for establishing Committees as listed in the \City Charter and instead proceeds by resolution. He asked why the members of SEAC do not have to, be residents of the City and believed that everyone in that Committee should not be a professional in the event promotion business, but rather general citizens. City Attorney Harp indicated that Mr. Mosher is confusing the differences between Commissions and Committees and noted that the reason the Charter does not apply to SEAC is because it is a Committee. Motion by Council Member Henn seconded by Mayor Pro Tern Curry to adopt Resolution No. 2012 -20 amending SEAC's membership, term, and duties. . The motion carried by the following roll call vote: Volume 60 - Page 371 City bf Newport Beach City Council Minutes February 14, 2012 Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich; Council Member Henn, Council Member Daigle XIV. PUBLIC COMMENTS Jim Mosher commented on bed taxes, the Tourism Business Improvement District (TBID), and dedication of the bed taxes to Visit Newport Beach (VNB). He stated that the TBID meetings need to be open and public, referenced problems encountered by an audit of Visit Newport Beach, reported his attempt to attend the meeting but was told it was not open to the public, and expressed disappointment by the City's response to the matter. City Attorney Harp believed that Mr. Mosher may be confused on the5matter, stating that the Brown Act does not apply when VNB is meeting for purposes not related. -to the TBID process. City Attorney Harp indicated that the notice previously posted at City Hall for,tl1/ VNB meeting that was not related to the TBID was a mistake which has been corrected. Max Liskin expressed appreciation ppreciation to Council regarding the bay dredging project offered to participate in funding, and encouraged others to do so as well. ,HI addressed recent repor`ta alleging conflicts of interest with Council people, stated that Members of the council are in very precarious positions, expressed support for all the efforts Council has: put=into the process, and acknowledged the contributions made by each of them. Denise Oberman commented on Council's plan to make an adjournment at the end of the meeting in memory of Dolores Otting stating that Dolores;dxhibited an unwavering and passionate commitment to civic affairs and attempted to always pr�mofe ..transparency and accountability. She expressed appreciation to Council's recognition and encouraged members of the, community to participate and have a voice:' ! •__ ', i . Mayor Gardner requested order. Motion by Council Membi (Santa Barbara Condominium The motion carriefl'by'the'follq Ayes: Council Member Hill, G Meii ber Selich, Council XVIII. CURRENT BUSINESS 19. SANTA BARBARA PLAN AND'?MEMO DRIVE (PA201i2 =012 Item 19 A call vote ... Barbara be taken out of to consider Item 19 mcil Me,'mber Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council iember Aeon, Council Member Daigle 1f JNDOMINIUMS: AFFORDABLE HOUSING IMPLEMENTATION ANDUM OF AGREEMENT (C -5066) - 900 NEWPORT CENTER [381100 -20121 item to the February 28, 2012 City Council meeting. The motion carried by the following roll call vote: to continue the Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that one of Council's priorities is to minimize the adverse impacts of John Wayne Airport (JWA) through implementation of the City's airport policy. She reported that the Volume 60 - Page 372 City of Newport Beach City Council Minutes February 14, 2012 MAN City's Aviation Committee meets the fourth Monday of every month at 8:00 a.m, in the Friends Room at the Library and encouraged the public to attend. She noted that at the last meeting the Committee was briefed on the departure path. She also reported that as part of the ongoing operations update, the City, County, and JWA will be meeting with the FAA on February 22, 2012, added that the JWA reported its latest operations statistics which disclosed that 8.6 million passengers were served by JWA in 2011, and reported that the City has begun to move forward with discussions to extend the JWA Settlement Agreement which expires December 21, 2015. Mayor Pro Tem Curry reported that the Finance Committee met February 13, 2012 to see a preview of the quarterly report which will be in a subsequent agenda. rr PUBLIC HEARINGS 14. DR. MORGAN PROPERTY AMENDMENTS (PA2011`-4138) - 1419 SUPERIOR - GENERAL PLAN AMENDMENT NO. GP2011- 007;QAND ZONING CODE AMENDMENT NO. CA2011 -010. TO CHANGE THE LAND USE DESIGNATION OF MULTIPLE RESIDENTIAL (RM 18 DU /AC) TO MEDICAL. COMMERCIAt\OfFICE (CO -M 0.49 FAR); AND CHANGE THE ZONING DISTRICTfllESIGNATION\FROM MULTIPLE RESIDENTIAL (RM 2420) TO OFFICE MEDICAL "•(OM 0.49). [100 - 20121,\ Assistant Planner Kay Sims presented details,of. the report addressing the ]ocation, zoning, existing conditions, and use. She addressed a_`summary of changes to date,. provided recommendation by the Planning Commission, and�51,ddressed the location of parking. She reported that Dr. Morgan has pro-.ided-a, signed covenant and agreement to hold the three properties as a single parcel that will'be recorded with the'( %ounty of Orange prior to the second reading of the ordinance and stated that .1 ennis-O!Neil, representing Dr. Morgan, is in the audience to answer any. questions from 'Council. Council Member Rosansky reported that herecommended Dr. Morgan submit a request for the amendment and expressed ,support for theFtem. o ..ucu o i ouncii inemner Hill to a) adopt Resolution No. 201216 appioving•General Plan Amendment No. GP2011 -007; and b) introduce Ordinance-No: 2012'•7' p "' —1-1 - -ode- Amendment No. CA2011 -010, and pass to a second readingloI adoptio6 on February 28, 2012:- -' Mayor Gardner opened the public hearing. Jim Mosher noted this is one of three similar hearings dealing with non - conformance problems and stated that the current process is wasteful,'expensive, and would be better served by the City's abasement process' . tip.,• r. Dennis O'Neil, representing Dr. Morgan, addressed Council noting his client did consider the possibility of obtain iig an abatement extension, but believed it would be better to request an amendment. _ Hearing no further testimony, Mayor Gardner closed the public hearing. The 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, Council Member Daigle 15. SCAP III, LLC PROPERTY AMENDMENTS (PA2011 -196) - 514 E. OCEANFRONT (AKA 101 -07 PALM STREET) - GENERAL PLAN AMENDMENT NO. GP2011 -009, LOCAL Volume 60 - Page 373 City of Newport Beach City Council Minutes February 14, 2012 COASTAL PLAN AMENDMENT NO. LC2011 -005, AND CODE AMENDMENT NO. CA2001 -012 TO CHANGE THE DESIGNATIONS FROM TWO -UNIT RESIDENTIAL (RT, RT -E AND R -2) TO MIXED- VERTICAL (MU -V) LAND USE DESIGNATIONS. [100 -2012] Assistant Planner Murillo provided a PowerPoint presentation addressing the location, existing conditions, and uses. He added that due to the updates in the General Plan,.the property's existing mixed use is currently deemed non - conforming. Therefore, the applicant is requesting a General Plan Amendment and Coastal Land Use Plan designation and also requesting a zoning amendment from R2 to MU -V. He briefly discussed recommendations provided by the Planning Commission. Mayor. Gardner opened the public hearing. Terry Jones, applicant, thanked Council for the consideration. W.R. Dildine indicated that there were four problem properties and that this is the next- to -the- last property to be cared for. He stated that, no notice was provided to the,owners indicating that there had been a zoning change. He refersnced�an opposition letter from�a,nearby resident who complained that the building has been there long before the Rendezvous building was built, and asked Council to consider the fees paid.. `.. Hearing no further testimony, Mayor Gardner closed the public hearing. .,. Motion by Mayor Pro Tern Currv'secon ed by Council Member Rosanskv to a) adopt Resolution No. 2012 -17 approving General Pla i - Amendment No. GP2011 -009 and Local Coastal Plan Amendment No. LC2011Yc05; andb')intriilnce Ordinance No. 2012 -8 approving Code Amendment No— CA2011 -012,. an& ass_to second''reading for adoption on February 28, 2012. , � i, The motion carried by the ipllowing roll ca 1% ote: Ayes: Council Member Hil] Council Memberlosansky, Mayor Pro Tem Curry, Mayor Gardner, CouricilCMember Set�ch, Counm'1`- Mem6e 1 'r'Henn, Council Member Daigle \\ .. 16. PRESTA PROPERTY AMENDMENTS (PA2011 -179) 2888 & 2890 BAYSHORE DRIVE - ,GENERAL PLANy AMENDMENT NO. GP2011 -008, LOCAL COASTAL. PLAN - A- NIENDMENT NO. LC2011 -`O'1, AND CODE AMENDMENT NO. CA2011 -011 TO CHANGE THE LAND%!d SE DESIGNATIONS FOR THE TWO SUBJECT PROPERTIES. rinn nn •n• CommunityDevelopment Director Brandt reported that staff has almost completed all of the review of non - conforming properties with one final public hearing to come before Council and noted that the General Plan Amendment does not exceed any thresholds. r Assistant Planner Nova presented a PowerPoint that addressed the location, surrounding properties, existing conditions, uses, and the applicant's request for a General Plan Amendment to accommodate commercial uses. She discussed dwelling units allowed under the mixed use designations, density changes, and noticing. In response to Council questions, Assistant Planner Nova stated that the amendment does allow for additional commercial floor area, discussed other possible options. Community Development Director Brandt indicated that the General Plan Amendment provides more flexibility for future revitalization of the project, indicated that an extension to the abatement period encourages minimal investment into the property, and added that the General Plan Amendment gives the ability for the property owner to re- invest in the property and possibly Volume 60 - Page 374 City of Newport Beach City Council Minutes February 14, 2012 demolish or restore the buildings given that it would now be a conforming use. Motion by Council Member Hill seconded by Council Member Rosansky to a) adopt Resolution No. 2012 -18 approving General Plan Amendment No. UP2011 -008 and Coastal Land Use Plan Amendment No. LC2011 -004; and b) introduce Ordinance No. 2012 -9 approving Code Amendment No. CA2011 -011, and pass to a second reading on February 28, 2012. In response to Council Member Selich's questions, Community Development Director Brandt stated that the update of the General Plan is required every ten (10) years. Mayor Gardner opened the public hearing. l v/ Mike Hewitt, representing the property owners, thanked, Council for considering the matter and offered to respond to questions. Dan Purcell indicated that he attended the Planning Commission eeting when this item was considered and expressed concerns with differences'in the presentation` ` In response to Mayor Gardner's question, As stant'Planner Nova stated that there is no new development proposed but the land use change could accommodate future devel "oument- Hearing no further testimony, Mayor Gardner`closed the public hearing. The motion carried by the following rell,call vote: \ `- Ayes: Council :Member Hill, Council Member'Ri3sansky, Mayor-- -Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member He in; Gouncif Member Daigle XVII. CONTINUED BUSINESS r � 17. CONSIDERATION l TO},; FURTHER `,- PURSUE STREET RELINQUISHMENT OF PORTIONS OF. NEWPORT BOULEVARD AND /OR WEST COAST HIGHWAY FROM THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION. [100 -2012] i, - -- _ __ , , .,vu.,yu murn -ers nrul Jana tcosansky tecused themselves since they own property within 500 -feet of West Coast Highway.- z Deputy Public Works`Director Webb presented details of the proposed project addressing the I ocation of properties, current owners, and a brief history. Council`1Member Henn clarified that the money is offered to the City by the State to bring the street to safe'and drivable conditions. Deputy Public Works''Director Webb addressed the benefits to having ownership, reported on maintenance cost ?f /discussed the Newport Channel Bridge, addressed downsides to taking ownership, presented staff recommendations as listed in the agenda report, and addressed the benefits of working with Caltrans. In response to Council Member Daigle's question, Deputy Public Works Director Webb clarified that Caltrans currently maintain the signals and roadway. Council Member Selich believed that all of the plans will not be approved by Caltrans and stated that not all options have been considered. He suggested breaking it down into two segments, emphasized the importance of working with legislators to help get through to Caltrans, and stated that different strategies should be generated. Volume 60 - Page 375 City of Newport Beach City Council Minutes February 14, 2012 Mayor Pro Tem Curry agreed with staff that this is not a good deal for the City, stated that the project should not be pursued instead the City should explore any legislative opportunities available to increase the price being offered to relinquish the properties, and noted that there is still an opportunity for improving landscape, safety, and signalization. Mayor Gardner agreed with, the previous comments and noted that she has not received any comments from the public supporting the project. Council Member Henn reported receiving a few emails but wondered if the portion of Coast Highway west of the Arches Bridge has different profile and maintenance requirements than east of the Arches Bridge. He suggested that staff continue to work on the project to see if there is a strategy for the west segment of the bridge where there is a gateway benefit in that section. Jim Mosher thanked the Council for clarification where the relinquishment ends. Deputy Public Works Director Webb explained the bridge and does not include the bridge overt&e.char In response to Council Member Daigle's quest that staff will probably need to go beyond the I as to what they can offer. I u__ ...r ember oeuch reported tinaf�ine Cit} negotiate with Caltrans. �'• Council Member agency and woul Deputy Public Wbrl Caltrans would not options ava`ilalilefor and negotiate Avenue to the Road;'aiid c) direct s division of liability for and inquired as to goes upto the deck of the Public Works Director Webb stated of Transportation as they are limited legislators in the past to help that legislative advocates would have different views than an on that would better represent the people. Webb affirmed the benefits of working with legislators, noted leak the project into little .pieces, and stated there are other `11 e-u" X- se(onnea ov 1;o11ner1 iylember Selich to a) continue to mg over the ownership and operation of Newport Boulevard from vport Channel Bridge Deck through the relinquishment process; b) :£forts on West Coast Highway from the Santa Ana River to Jamboree to come back to Council with additional strategies related to the various future improvements to Council. The motion carried by,tihe following roll call vote: Ayes: Mayor Pro Tam' Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 18. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNICIPAL PIERS; PUBLIC FLOATS AND PUBLIC WHARVES. (100 -2012) Recreation and Senior Services Director Detweiler presented details of the item by addressing recommended changes. She noted that they are requesting these changes for the public's enjoyment, safety, maximization of facility use, high standards, and greater clarity in the Volume 60 - Page 376 City of Newport Beach City Council Minutes February 14, 2012 Municipal Code. She addressed previous consideration by the Parks, Beach and Recreation Commission and the Council in 2011, pointed out that procedures are not being changed but rather staff is simply adding language for clarification, presented a summary of changes, and addressed noticing and comments received from the public. City Manager Mff utilized a PowerPoint that included recommended changes for Chapter 11.04 with a proposed pilot project. He noted,that there are two specific problematic areas where two different meetings are held and people gather to smoke. He addressed challenges with enforcement and made suggestions for possible resolutions by working with the meeting leaders for permits allowing smoking at a designated area of the beach fore designated period of time and suggested this could be a pilot program for a limited time date. and reconsidered at a later Council Member Rosansky indicated that he was not groups. In response to Council Member Daigle's Detweiler noted. that the process is not be public facilities, and reported that then contract instructors. She added that ther keeping costs down but also making it ben George Schroeder commented on �p`rohibition language should be more specific fortcla"rfiati Joel Stone commented on issues at the', 38th S that closure time should be better defined (i.e., Jim Mosher que on the envirom improvement ii Municipal Code ;ira Curran preseri: second -hand smok' ffers at Corona del eking for specific people iii`i they are n that would n.ravor orallowing a "card out" for certain Recreation and Senior Services Director discussed avoiding commercialization of 3ardized process when negotiating with issues taken into consideration including structors to be there as well. basketball play and believed that losure hours. basketball play and agreed s conclusiontthat the passage of this ordinance will have no effect that the purpose for banning smoking is primarily to cause an 'invent. He pointed out that there is a separate chapter in the er_ beaches, questioned staffs definition of parks, and expressed f6r clarification r`e'lative to abandoned bicycles. a brief background on the beach smoking ban and the negative effects ommented on the buffer area, expressed concerns regarding specific it and Crystal Cove, pointed out that a proposedcdedicated apace for iups would detract from public safety, stated that it will reduce addressed the definition of a group for the case of a permit, noted that s can clearly dissimilate where they are allowed to smoke and where in support of creating a simple rule that everyone could understand s and beaches enjoyable for everyone. Denise Oberman thanked Council and staff for looking at an enhanced ordinance, agreed that the 100 -foot buffer zone creates significant improvement, believed that enforcement could be successful with proper communication and signage, spoke in opposition to the City Manager making an exception for specific groups, believed that the people involved in the groups are uncooperative and will continue to be so, and asked Council to oppose the ordinance and craft one that is applicable to all and can be enforced. Lenny Morray, Manager of Cabo Cantina, opposed the new ordinance because he believed it would not be enforced Motion by Council Member Hill seconded by Council Member Henn to introduce Ordinance No. 2012 -6, amending Chapter 11.04 of Title 11 of the Newport Beach Municipal Volume 60 - Page 377 City of Newport Beach City Council Minutes February 14, 2012 Code pertaining to rules and regulations for parks, park facilities and beaches, and repealing Section 11.08.080 pertaining to smoking on City beaches, with the removal of the City Manager's ability to allow exemptions (Section 11.04.080(B)) and amend the time for closure of any public outdoor basketball court within 300 feet of any residentially zoned parcel to be 7:00 p.m. (Section 11.04.07(D)); and pass to second reading on February 28, 2012. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Henn, Council Member Daigle A Noes: Council Member Selich Absent: Council Member Rosansky XIX. MOTION FOR RECONSIDERATION 6. NEWPORT BEACH COUNTRY CLUB (PA2008''152) - NEWPORT BEACH COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY. [ ^]00 -20121 . . City Attorney Harp asked Council to re- consic and contemplated that the PC Text for `Ite continuance of Item No. 5, modifications will No. 6. He requested the Council rescind their the ordinance to first reading. Community Development Director Brandt r reading, the PC Text needs to be revised to portion of the property, not the entire proper Motion by CounciLMember Selich sec( vote relative to theA6cond'reading and adc Community Devcl'opment Plan No. PC200 _1 35,000 to 56,006givss square feet. the ,PC Text adopted in regards. to Item No. 6 No:" 5 would be adopted 'first. Due to the :cl to be made to the PC Text "regarding Item 5ision on Item No. 6, reconsider it and change that in•tRe ordinance that was up for second reflect regulations pertaining to the golf club U oy • ouncli nember Henn to rescind the i of Ordinance No. 2012 -4 approving Planned to increase the size of the golf clubhouse from The motion - carried by the,•follbwing roll call vote: Aye -Council Member `Hill \Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member ;Selich; Council Member Henn, Council Member Daigle Motion by Council 'r Member Selich seconded by Council Member Rosansky to introduce Ordinance I, o. 2012 -4 approving Planned Community Development Plan No. PC200i -60.1, with the deletion of the references and regulations pertaining to Sections 3.2 (Tennis Club), 3.3 (The` Villas), and 3.4 (The Bungalows) in text and exhibits; and pass to second reading on February 28, 2012. The motion carried -by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council Member Selich, Council Member Henn, Council Member Daigle Noes: Mayor Gardner Community Development Director Brandt stated that the PC Text can be narrowed so it only covers a single property, not both properties. XVIII. CURRENT BUSINESS (continued) 20. CITY COUNCIL PRIORITIES FOR 2012. Volume 60 - Page 378 City of Newport Beach City Council Minutes February 14, 2012 City Manager Kiff addressed previous direction by Council on this item and presented a list of City Council priorities for 2012. In response to Council Member Henn's question, Public Works Director Badum reported that the needs assessment for the Corporate Yard should be completed later this month and addressed the possibility of phasing the site. City Manager Kiff reported that he will send Council a final draft of the priority list and place it on the City's website. XIX. MOTION FOR RECONSIDERATION (continued) Council Member Selich moved for reconsideration of Item 12 from the January 24, 2012 meeting stating that there was a misunderstanding of the terms of the agreement. -- - - - - -- - - 7 -- -- �..., ,ccva,ueu n rvia or rrc <.a'ema urr to a) reconsider Item 12 from the January 24, 2012 City Council Meeting relative to tb&,Corona_dehMar Coastline Car Classic waiver of parking fees at the Big Corona State Beach parking lot; and b)�`direct staff to bring back a report to Council at the February 28, 2012 City Council metitina. ' reconsider Item 12 from -the January 24, 2012 City 1Coun Coastline Car Classic waiver of parking fees at the Big�o deadline to apply for the Special Events Support Applicati for three years; and c) direct staff to bring back a repor Council meeting. The amended motion carried by the following roll call Vote Ayes: Council Member Hill, Council Member Ros Member Selich, Council -Mej ber Henn, Coi i. XX. ADJOURNMENT - Adjourned at 9:33 p.m, in The agenda for the Regular Mer'f tng was po Hall Bulletin Board lnnntn?L r i �n l 1 City Clerk mmu my via or rro`virem Uurrj to a) cil Meeting relative to the Corona del Mar rona State Beach parking lot; b) extend the m if it is determined that the contract is not t'f0�- Council at the February 28, 2012 City l\. yor�Pro Tem Curry, Mayor Gardner, Council Der Daigle of Dolores Otting and Todd Schooler on February 9, 2012, at 4:20 p.rn. on the City 'Newport Beach Administration Building. Recording Secretary Mayor Volume 60 - Page 379