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Home My WebLink About02/14/2012 - Study SessionI) r o "i! V 1 � , , City Council Minutes City Council Study Session February 14, 2012 — 3:30 p.m. I. ROLL CALL - 2:00 p.m. Present: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich Excused: Council Member Rosansky, Council Member Henn, Council Member Daigle Council Member Henn arrived at 2:03 p.m. II. PUBLIC COMMENTS Jim Mosher reminded Council that the public should be allowed five (5) minutes to speak. He believed that having Item C (Conference with Labor Negotiators) on the Closed Session Agenda omits City taxpayers, referenced the California Constitution stating that voters of a charter city have absolute and complete authority over the compensation paid to employees, noted that the Ralph M. Brown Act does not demand secrecy in negotiations with employees, opined it would be better to allow employees to voice their concerns to Council in a public forum, spoke in favor of employees saving for their own pensions or reducing their salaries so that the City can do the saving for them, and expressed concern about U.S. District Court Case No. CV85 -1542 regarding the John Wayne Settlement Agreement. In response to Mayor Pro Tern Curry's question, Mr. Mosher affirmed he had no part in the negotiations but expressed his right to public comment. Council Member Selich requested and received permission from Mayor Gardner to be excused from the meeting between 2:30 p.m. and 4:00 p.m. The meeting adjourned at 2:06 p.m into Closed Session III. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters: 1. Christian Benard u City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2011- 00456286 2. Paul Matheis u 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) Title: City Clerk IV. ROLL CALL - 3:30 p.m. Present: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Henn Excused: Council Member Rosansky, Council Member Selich, 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 that 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 question regarding Item No. 7 (Recycled Water Intertie Agreement Between the Irvine Ranch Water District, Orange County Water District, Orange County Sanitation District, and the City),_ Utilities General Manager Murdoch reported that the reason why the City is signatory on the agreement is because the original agreement had the City as a signatory and the new agreement includes a phrase that restricts IRWD from discharging water into the San Diego Creek which would end up in the Newport Bay. Therefore, the City is asking to be a signatory to the agreement. Regarding Item No. 8 (Bristol Street North Landscape Improvements — Award of Contract No. 4301), Council Member Henn suggested that staff consider the Citizens Advisory Panel (CAP) recommendations regarding the hardscape and features to Bristol Avenue South if there is excess funding. $. AMENDMENTS TO THE FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS/ RECOVERY OF ENFORCEMENT COSTS AND ENHANCED CODE ENFORCEMENT PENALTIES. [100-20121 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 Tom 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. Jack Gleason, representing the 28th Street Marina Association, expressed support for the development of an ordinance, thanked the Code Enforcement Division for working with them, addressed existing operators who have conditions of approval but are not adhering to them, and noted the importance of complying. City Manager Kiff introduced the new Fire Chief Scott Poster who expressed his appreciation for being selected and highlighted qualifications and experience. 3. KEEPING OF CHICKENS IN SINGLE - FAMILY RESIDENTIAL ZONING DISTRICTS. [100 -20121 Community Development Director Brandt provided a PowerPoint presentation that addressed the current regulations and standards where chickens are permitted. She noted that they are permitted in areas that are zoned residential - agriculture, addressed specific development standards relative to a minimum 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 presented options available to Council for consideration. In response to Council questions, Community Development Director Brandt believed that the basis for establishing the minimum lot size is typically a distance requirements, noted that Homeowners' Association CC &R's may preclude the residents the ability to keep chickens, and explained combined lots 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) calls for chickens in the east side of the City, and noted most people get rid of them willingly because they are high maintenance. 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 Reek 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 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. VI. PUBLIC COMMENTS Jim Mosher suggested that Council consider changing the name of Avocado Street, north of Pacific Coast Highway, to Civic Center Drive. VII. ADJOURNMENT - The City Council adjourned back into Closed Session at 4:34 p.m. The agenda for the Regular Meeting was posted on February 9, 2012, at 4:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 4k� lam. Recording Secretary Mayor — d(m� , i City Clerk Volume 60 - Page 366