HomeMy WebLinkAbout01 - Minutes - AmendedAgenda Item No. 1
July 9, 2013
City Council Minutes
Regular Meeting
June 25, 2013 — 7:00 p.m.
I.
II.
III.
IV.
STUDY SESSION - Cancelled
ROLL CALL - 6:00 p.m.
Present: Council Member Gardner, Council Member Petros,
Member Selich, Council Member Henn
Excused: Council Member Daigle
Jim Mosher stated that at the last Council
required formal announcement and believed
nullifie any action taken in Closed Session.
public's need to be constantly vigilant. He fur
stated that the correction of those violations
required announcements. fln),
City Attorney Harp announced
set forth in the agenda under C
CLOSED SESSION - 6:02 p
A. CONFERENCE WITH II
Heading ncy
Cassidy, Human
Representatives: I
Negotiators
V. RECESS
Hill, Mayor Curry, Council
adjourned to Closed Session without the
olation of the Brown Act and potentially
on the right to open government and the
les of what he believed were violations and
He hoped that Council would make the
adjourn into Closed Session at this time to discuss items
ading labor negotiations.
NEGOTIATORS (Government Code § 54957.6):
Designated Representatives: Dave Kiff, City Manager and Terri
Resources Director; Negotiators Heading Agency Designated
zve Kiff, City Manager and Terri Cassidy, Human Resources Director;
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach
Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach
Fire Management Association QNBFMA); Lifeguard Management Association (NBLMA);
Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association
(NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach
Professional and Technical Association (NBPTEA)
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
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June 25, 2013
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
9M
Council Member Gardner reported attending a recent marketing presentation by Newport eac and
Company (Visit Newport Beach) and commented positively on the event. She discussed a new beetle that
attacked over 200 landscape trees, referenced information published by U.C. Riverside, and suggested
placing the information on the City's website and making it available to gardeners.
Council Member Petros referenced letters received from business and property owners along Mariner's
Mile, reported meeting with them, and noted they have a keen interest in having Council learn about and
consider the future of West Coast Highway. He requested a future agenda item that would include a
discussion on West Coast Highway and the future revitalization of Mariner's Mile, as well as a brief staff
presentation on the current ownership of the highway, the Orange County Transportation Authority's
(OCTA's) role in highway planning and the City's role in the planning and maintenance of the area.
Additionally, he requested that the report include existing and future jtraiEcM'recasts.
Council Member Daigle reported on the reorganization of the ChAmbernofU mmerce and attending several
of their events including one regarding the John Wayn�.ort Q another on social media and the
importance of having a sound marketing plan.
Council Member Selich discussed the Sculpture in the Par` k�Master Plan and reported on "The Sculpture in
the Park Invitational" -by the Arts Commission's Arts in Public Places Ad -Hoc Committee to obtain a
collection of 18 pieces of sculptures to be installed rougho& /the Civic Center Park and on loan to the City
for a two -year period. He indicated that the it m will go before the Arts Commission first and then come
before the City Council hopefully in August \� \
Mayor Curly addressed a recent 24- hour'exer6ige at Coastal Peak Park by Radio Amateur Civil Emergency
Services �^ CES r v
\ +� )group. He alsq reported that he attended the U.S. Junior Women's Doublehanded
Sailing Championship, the Russo and Steele Auto Auction, and the "Mr. Irrelevant" event recognizing
Justice Cunningham as the fast man picked in the most recent NFL draft. He commended the Police
Association for the Annual Scholarship Awards and reported attending the kick -off of the Junior Lifeguard
Program. He announced the upc�ming July 4th event at the Newport Dunes and reported that the City
will host the "Courage to,.Rern r" exhibit at the Central Library and encouraged the public to attend.
In response to Mayor Pro Tern Hill's questions, Police Chief Johnson confirmed that there.are contingency
plans in place in the event the 4th of July celebration spills over into the weekend (Item 3 - July 4th Street
Closures). Regarding Item 4 (FY 12/13 Traffic Signal Rehabilitation Project), Public Works Director Webb
reported that change orders and unit prices are included and noted that the Green Book allows for
modifications to unit prices.
Regarding Item 7 (Police CAD /RMS System), Jim Mosher noted that the same company that determined
the need for an upgrade also oversaw the selection of the vendor, as well as implementation of the new
software. He expressed concerns with relying on a single advisor and referenced the number of vendors
that submitted proposals, but noted that only one non -bid winner was identified in the report. He believed
that information should be provided on the other non -bid winners, including why they were rejected.
Justin Cox commented on Item 10 (Initiation of an Amendment to the Santa Ana Heights Residential
Equestrian District), believing there has been commercialization of the Santa Ana Heights area and a lack
of a permitting process for horses. He stated that up to 20 horses are being boarded on certain properties
and stressed a need to know what commercialization is going on in the area. He addressed liability issues
and quality of life issues for surrounding neighbors and spoke in opposition to deleting the requirement for
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June 25, 2013
Don Schmitz, President of Schmitz and Associates, noted that his company represented the City before the
California Coastal Commission for the Marina Park and Sunset Ridge Park Projects. He commented
positively on the opportunity to represent the City and commended City staff, especially City Manager Kiff,
Assistant City Attorney Mulvihill, and Public Works Director Webb. He also thanked Council for the
opportunity to serve.
Tom Billings referenced the successful measure to save Marina Park and thanked Council for its support.
However, he expressed opposition to Council's attempt to ban fire rings at Corona del Mar State Beach and
the Balboa Pier. He commended Council Member Daigle for opposing the ban and believed that the fire
rings have anchored the use of beaches throughout the years. He further listed the benefits of the fire rings
to the community and referenced the Coastal Commission's unanimous support for keeping the fire rings.
Council Member Petros commented on his frequent use of the beach and noted that he was not on the City
Council when the unanimous vote occurred. He commented on an/ � \ currently before the Coastal
Commission and indicated that he will wait to see what happens and mov forward accordingly. He took
issue with 1VIr. Billings' remarks and believed that he should have done more Fesearch before speaking.
Justin Cox referenced the dialogue that just occurred and
involved and carefully review public comments on the issue.']
respond directly to public speakers.
Denys Oberman commented on the reuse of the
She commended Council for its response to resi,
site and believed that it will serve to spearhead
rat the City Attorney become
support for allowing Council to
11 site and the revitalization of Lido Village.
a boutique hotel as the preferred use for the -
)n of the Village.
Jim Mosher expressed concerns with the imoney ail ated yearly to the Newport eac and Company/Visit
Newport Beach (VNIB) by the City and witb;(h rganization's declaration that the public is not invited to
their meetings. He believed that the,,orglaniiatron may be embarking on enterprises using public money
that may not meet the City's goals. He-u�rge'd Council to require that their meetings be open to public
participation and that their recoids be open )to public inspection.
XVIII.
Regarding the Water Quality /Coastal Tidelands Committee meeting, Council Member Gardner stated that
the discussed street swee 'in`,notin that it is one of the most effective was to keep y ,p g g y p pollution out of the
Harbor. She indicated 1!heie are a number of areas where there is no street sweeping and believed that the
City can require street sweeping and that the Committee voted to present a request to Council to consider
expanding street sweeping.
Council Member Petros reported on a recent meeting of the Bicycle Master Plan Oversight Committee and
addressed items discussed and considered. He announced that the next meeting will be held on July 1,
2013, at 5:00 p.m. in the Community Room.
Mayor Pro Tem Hill announced that the next meeting of the General Plan/Local Coastal Program
Implementation Committee will be held on June 26, 2013, at 3:30 p.m. in the Corona del Mar Meeting
Room.
Council Member Daigle reported on a recent meeting of the Airport Land Use Commission and items.
discussed and considered, including approval of the City of Missio Viejo' s General Plan Update. She
reported speaking with Mission Viejo's Community Development Director, Chuck Wilson, regarding the
prolonged time period for their General Plan and explained that they have developed a sustainable action
plan to address greenhouse gas emissions. Additionally, she reported on a recent meeting of the Affordable
Housing Task Force and indicated that the Department of Housing and Community Development (HCD) is
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City Council Minutes
June 25, 2013
generally supportive of the draft that was recently approved by Council. She reported on their support of a
measure that waives fees for certain activities connected to the development of affordable housing and
noted that the matter will be considered and a report will be brought to Council at a future date. She
indicated that the Task Force also discussed how to stabilize and grow the City's affordable housing stock
and listed priorities. Council Member Daigle also reported on a recent meeting of the Citizens' Aviation
Committee and addressed items discussed and considered. City Attorney Harp presented a status of the
EIR, noting that the County is currently looking for a consultant and expect to finish selection of the
consultant in the fall.
Council Member Henn reported on a recent meeting of the Balboa Village Advisory Committee (BVAC)
where issues discussed included results of a survey of mooring permit holders, review of additional parking
survey work, and an initiation of a discussion on issues related to a shared parking district and parking
standards. Regarding the Tidelands Management Committee, he reported that it is now a Brown Act
Committee and addressed its membership and consideration of the Committee's Charter, as well as
organizational matters in terms of selecting a Citizens' Advisory Panel (CAP) for the Committee. In
addition, the Committee reviewed the spending of dollars 1 `4t year\ for the Tidelands Capital
Infrastructure Plan. He reported that solid progress has been made and that)the Committee reviewed the
spending plan incorporated into the budget for the fiscal year IIbegmni ngJ j July 1, 2013. He noted that an
update of the plan will be reviewed at the next meeting. In anditron. an update was presented on the
status of the Tidelands Harbor Fund. He further reported`tIT Ahe <SUte Lands Commission unanimously
approved the City's application to set up the fund. Regaiding1the_ selection of members for the Citizen's
Advisory Panel of the Tidelands Management Commitieehelreported that applications will be accepted
until July 15, 2013, at 4:00 p.m. He indicated that S. presen ation was also made regarding whether or not
to proceed with a project to revise the pier lines iihte orb r and it was concluded that it is not an item
that needs to be addressed at this time.
Council Member Henn reported on a rec&it�Einadce Committee meeting with the City's external auditors
for their Audit Entrance Conference. He ieport�d'that the citizens of Newport Beach should know that
Council and the Finance Commit(ee\are\,d!ligent in their oversight of the City's financial matters. The
Finance Committee also reviewed the.6itics t sn urance program renewals and had a preliminary discussion
about the revisions to the fee schg�uleselated to the Fire Department. Additionally it reviewed the
Facilities Financial Planning (tFR)_Toiol and a demonstration of the new long -range fiscal forecasting tool.
Council Member Selich rep��d on the recent General Plan/Local Coastal Program Implementation
Committee and stated W b tie Committee will be considering the Coastal Zone Map and legal descriptions
relative to boundaries Addtionally, the Committee will follow up on administrative chapters and
discussing the Newport Coast LCP and how that will be integrated into the City's Local Coastal Land Use
Plan, as well as implementation.
XIX. PUBLIC HEARINGS
15. RESOLUTION NO. 2013 -55: RENEWAL OF THE CORONA DEL MAR BUSINESS
IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2013 -2014 AND BOARD
APPOINTMENTS FOR FISCAL YEAR 2013 -2014. [100 -2013]
City Manager Kiff referenced the staff report and offered to respond to questions from Council.
In response to Council Member Gardner's questions, Public Information Manager Finnigan reported
that staff followed standard noticing for public hearings. She also confirmed that Bernie Svalstad's
address is within the Corona del Mar BID boundary.
Mayor Curry opened the public hearing.
Jim Mosher commented on the appointees to the BID Advisory Board and their responsibility
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City Council Minutes
June 25, 2013
City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Carole Boller - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Judy Chang - Daigle, Mayor Curry
Cynthia Gallagher - Hill, Selich
Caroline Logan - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Michaell Magrutsche - Gardner, Petros, Henn
City Clerk Brown announced that Carole Boller and Caroline Logan are reappointed to the City Arts
Commission for a four year term; however, a second vote will need to be taken between Judy Chang,
Cynthia Gallagher, and Michaell Magrutsche, and read the second vote as follows:
Cynthia Gallagher - Hill
Michaell Magrutsche - Gardner, Petros, Selich, Henn, Daigle,
City Clerk Brown announced that Michaell Magrutsche is ap;
a four -year term.
City Clerk Brown read the ballot votes for the Civil ServL'
Gloria Alkire - Petros
Mike Talbot - Gardner, Hill, Selich, Henn, Dai le, y�or Cur
City Clerk Brown announced that Mike Talbott is retiapppoint(
year term.
is
Curry
City Arts Commission for
to the Civil Service Board for a four
City Clerk Browh_read — the ballot votes for the Parks, Beaches and Recreation Commission as
follows: x,1/1
Laird Hayes - Gardner, Petros, Daigle
Walter Howald - Hill, Selich, Henn, Mayor Curry
Marie Marston - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
City Clerk Brown announced that Marie Marston is reappointed and Walter Howald is appointed to
the Parks, Beaches and Recreation Commission for a four year term.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Bradley Hillgren - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Tyler Holst - Gardner
Raymond Lawler - Petros, Hill, Selich, Henn, Daigle, Mayor Curry
City Clerk Brown announced that Bradley Hillgren is reappointed and Raymond Lawler is
appointed to the Planning Commission for a four year term.
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City Council Minutes
June 25, 2013
21. CITY INSURANTCE REATEWALS - JULY 1, 2013 TO JUNE 30, 2014. [100 -2013]
City Manager Kiff referenced the staff report, as well as an addendum, and offered to respond to
questions from Council.
Council Member Henn commented positively on the inclusion of the dam in the coverage and the
decision to choose Option 1.
Motion by Council Member Henn, seconded by Council Member Petros to approve renewal
of the following insurances: excess general liability, excess workers' compensation and property
insurance coverage for an amount not to exceed $1,883,878 in total premium from the Insurance
Reserve Funds (the term of the renewal is for a twelve (12) month policy period, July 1, 2013
through June 30, 2014.
The motion car
Ayes: Council
Member
)CU. MOTIONS FOR REi
=I. ADJOURNMENT -
The agenda for th(
website; on June 21
entrance of the Cit
a.m. in the Meeting
Civic Center Drive.
at 2:00 p.rn. on the
Bulletin Board loca
and on June 21, 20:
City Council Chaml
City Clerk
Recording Secretary
Mayor
Volume 61 - Page 219
Hill, Mayor Curry, Council
t 4:00 p.m. on the City's
:tin Board located in the
on June 21, 2013, at 9:00
Council Chambers at 100
posted on June 21, 2013,
the City Hall Electronic
t 100 Civic Center Drive;
ad in the entrance of the