HomeMy WebLinkAbout08/13/2013 - Regular MeetingCity Council Minutes
Regular Meeting
August 13, 2013 — 7:00 p.m.
I. STUDY SESSION - 4:30 P.m.
11. CLOSED SESSION - 5 :54 p.m.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS ( Government Code §
54956.8):
Properties: Three parcels owned by the City of Newport Beach and identified
as (1) APN 048. 310.01 consisting of unimproved right -of -way extending west of
G Street to Channel Road; (2) Unimproved right -of -way extending from the
eastern terminus of Canal Street to the terminus of Lancaster Street; (3)
Unimproved right -of way extending from terminus of Summit Street to terminus
36th Street; and (4) Unimproved right- of-way extending from the terminus of A
Street to 250 feet southeast of E Street,
Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: Parties may include: (1) Owners of property coterminous
to APN 048 - 310 -01; (2) Owners of property coterminous to the unimproved
right -of -way extending from the eastern terminus of Canal Street to the
terminus of Lancaster Street; (3) Owners of property coterminous to the
unimproved right -of -way extending from terminus of Summit Street to terminus
36th Street; (4) Owners of property coterminous to the unimproved right -of -way
extending from the terminus of A Street to 250 feet southeast of E Street; (5)
County of Orange; and (6) the State of California.
Under Negotiation: Instruction to the City's negotiator will concern price and
terms of payment.
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9(a)):
1. Morningside Recovery, LLC, et at. v. City of Newport Beach
Orange County Superior Court Case No. 30- 2011- 00505900 -CU -WM -CJC
2. MORN et al. v. City of Newport Beach, et at.
Orange County Superior Court Case No. 30- 2011 - 00447004 -CU -WM -CJC
Volume 61 - Page 249
City of Newport Beach
City Council Minutes
August 13, 2013
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.0):
Heading Agency Designated Representatives: Dave Kiff, City Manager and
Terri Cassidy, Human Resources Director; Negotiators
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
(NBFMA); 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)
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor
Curry, Council Member Selich, Council Member Henn
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
VIL PLEDGE OF ALLEGIANCE - Council Member Gardner
VIII. INVOCATION - Pastor Eric Heard, Mariners Church
IX. PRESENTATIONS
Presentation of Plaques to Outgoing Board and Commission Members
Mayor Curry invited former Board and Commission members to the podium. Phillip Lugar
and Ralph Rodheim were presented with plaques in recognition for their service to the City
through their respective positions on City Boards and Commissions.
Mr. Lugar expressed his appreciation for the opportunity to serve and noted his retirement
and move to the City of San Clemente.
Mr. Rodheim thanked his wife for enduring eleven years of Harbor Commission meetings,
commented positively on the experience and thanked Council Member Gardner for her
support as Council Liaison to the Commission as well as Council for its attention to the
Harbor. He thanked City staff and the City for the opportunity to serve.
Volume 61 - Page 250
City of Newport Beach
City Council Minutes
August 13, 2013
X, NOTICE TO THE PUBLIC
XI, CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
Council Member Henn reported attending.a meeting in San Francisco along with Council
Member Selich and Public Works Director David Webb with the Executive Director of Coastal
Commission staff and the Vice Chairman of the Coastal Commission to discuss the ability of
staff to move forward with the permit issuance on Marina Park and Sunset Ridge Park and to
help the City move forward with the Local Coastal Implementation Plan. He commented
positively on the discussions and noted expenses incurred on behalf of the City. He announced
notification that the Marina Park permit is in the mail. He thanked Council Member Selich,
Public Works Director Webb and consultant Don Schmitz for their participation and
assistance.
He announced an upcoming meeting of the Balboa Village Advisory Committee that will be
held on August 14, 2013 at 4:00 p.m. at ExplorOcean and listed items on the agenda.
Additionally, he reported attending the wrap -up meeting for the Fourth of July festivities,
commented positively on the meeting and noted that it is a resident - driven activity with good
ideas presented for improvements in the future.
Additionally, he announced several outreach meetings on the subject of Harbor rents to
determine whether refinements are needed to Council's prior decisions and receive public
input. The first meeting will be held on August 15, 2013 at 3:00 p,m. at OASIS and the second
on August 21, 2013 at 6:00 p.m. at OASIS. He urged public participation.
Council Member Selich reported on the Coastal Commission meeting and felt that it was
productive. He felt that attendees were able to get a better understanding of the limitations
under which the Coastal Commission works. He announced an upcoming meeting of the Land
Use Element Amendment Advisory Committee on Tuesday, August 20, 2013 at 3:30 p.m. in
the Friends Room of the Library.
Council Member Petros expressed his gratitude for surviving a recent coronary episode and
encouraged residents to see their doctor regularly and check for signs of cardiac health. He
announced an upcoming "Hootenanny in the Heights" event which will be held on September
22, 2013, from 11:00 a.m. to 2:00 p.m.
Mayor Curry announced the City's award as "Tree City USA" as well as receiving awards for
Pension Reform and another for Government Efficiency, Planning and Arts efforts. He
reported that the Government Finance Officers Association has awarded the Certificate of
Achievement for Excellence in Financial Reporting to the City. Additionally, he recognized
the City Attorney for the recent report regarding continuing to manage litigation costs
indicating that the City Attorney's Office ended the Fiscal Year, under budget by $377,634.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 16 (Newport Beach Restaurant Association Business Improvement District
(BID) Fiscal Year 2013 -2014 Advisory Board Appointments), Jim Mosher commented on the
Committee's oversight of $193,000 of public funds during the next year. He felt that the
assessment for food sellers was not levied in accordance with State law in that they were not
provided with a report detailing how the money will be spent prior to the assessment and
denying them their right to meaningful protest. Additionally, the eleven volunteers are all
Volume 61- Page 251
City of Newport Beach
City Council Minutes
August 13, 2013
business people but are unaware of the ethics and responsibilities that bind business people
entrusted with the expenditure of public funds and that by accepting the appointments are
becoming public officials. He felt that it is Council's duty to see they adhere to the Conflict of
Interest policies. He hoped that Council will address the legality of this year's levy and the
need for appointees to be responsible under FPPC rules.
George Schroeder commented on Item No. 19 and felt that the matter needs further
consideration and to treat everyone equally.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE JULY 23, 2013 STUDY SESSION AND REGULAR
MEETING. [100 -20131 Waive reading of subject minutes, approve as written,
and order filed. [100-20131
2. READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
B. ORDINANCE FOR INTRODUCTION
3. CONSIDERATION OF ORDINANCE NO, 2013 -14 AMENDING THE
HARBOR COMMISSION'S PURPOSE AND RESPONSIBILITIES. [100-
20131 Introduce Ordinance No. 2013 -14, An Ordinance of the City Council of the
City of Newport Beach Repealing Ordinance No. 2001 -25 Amending the Harbor
Commission's Purpose and Responsibilities, and pass to second reading on
September 10, 2013.
C. RESOLUTIONS FOR ADOPTION
5, RESOLUTION NO. 2013 -64: ADOPTING A MEMORANDUM OF
UNDERSTANDING WITH THE ASSOCIATION OF NEWPORT BEACH
OCEAN LIFEGUARDS (ANBOL) (C2058). [381100 -20131 Adopt Resolution
No. 2013 -64, A Resolution of the City Council of the City of Newport Beach
Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Association of Newport Beach Ocean Lifeguards (ANBOL), for the period
July 1, 2012 through June 30, 2014.
6. IRVINE AVENUE PAVEMENT REHABILITATION - APPROVAL OF A
COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE (C-
5562). [381100 -20131 a) Approve a Cooperative Agreement with the County of
Orange for the Irvine Avenue Pavement Rehabilitation project; b) adopt
Resolution No. 2013 -65, A Resolution of the City Council of the City of Newport
Beach for the Declaration of Irvine Avenue within the City of Newport Beach to be
a County Highway During Construction of the Project; and c) approve Budget
Amendment No. 14BA -007 appropriating $170,000 from the unallocated Gas Tax
fund balance to CIP Account No. 7181- C2002072.
Volume 61 - Page 252
City of Newport Beach
City Council Minutes
August 13, 2013
D. CONTRACTS AND AGREEMENTS
BAYSIDE COVE WALKWAY - AWARD OF CONTRACT NO. 5276.[38/100-
2013] a) Approve the project drawings and specifications; b) relieve the lower
bidder Aghapy Group, Inc. of their bid due to computation errors; c) award
Contract No. 5276 to GMC Engineering, Inc. of Tustin, for the total bid price of
$147,967.00, and authorize the Mayor and City Clerk to execute the contract;
and d) establish a contingency of $15,000.00 (approximately 10 percent) to cover
the cost of unforeseen work.
8. BRISTOL STREET LANDSCAPE IMPROVEMENTS - AWARD
CONTRACT NO. 4843. [381100 -20131 a) Approve the project drawings and
specifications; b) award Contract No. 4843 to KASA Construction, Inc. of
Ontario, for the total bid price of $423,160.00, and authorize the Mayor and City
Clerk to execute the contract; and c) establish a contingency of $63,475.00 (15
percent) to cover the cost of unforeseen work.
9. AMENDMENT TO THE CENTRAL PARKING SYSTEM (CPS)
AGREEMENT (C4767). 1381100 -20131 Authorize the Mayor and City Clerk to
approve an amendment to the CPS Agreement which would provide for certain
not -to- exceed amounts for the management of the Corona del Mar Parking Lot
and the Balboa Parking Lot.
10. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT (C- 3309).
1381100 -20131 Approve the Agreement between the City of Newport Beach and
the Newport -Mesa Unified School District to participate in the School Resource
Officer Program, and authorize the Mayor and City Clerk to execute the
agreement.
11. TEMPORARY EMPLOYMENT AGREEMENT WITH FORMER CITY
EMPLOYEE, SHONTEL SHERWOOD (C- 5566). [381100 -20131 Authorize
the City Manager to execute a Temporary Employment Agreement (TEA) with
retired employee, Shontel Sherwood, to fill the position of Custody Officer until
all vacancies can be filled.
E. MISCELLANEOUS
13. PLANNING COMMISSION AGENDA FOR AUGUST 8, 2013. [100 -20131
Receive and file.
14. "SUSAN G. KOMEN - RACE FOR THE CURE" BANNERS - APPROVAL
OF ENCROACHMENT PERMIT N2013 -0212. 1100 -20131 Conditionally
approve the request of "Susan G. Komen - Race for the Cure" for installation of
89 banners, from Monday, August 26, 2013, to Monday, September 23, 2013, for
the annual 'Race for the Cure" event (installation will be along Westcliff Drive,
Jamboree Road, East Coast Highway, and MacArthur Boulevard).
15. REQUEST TO INSTALL A NEW DRIVEWAY APPROACH AT 201
Volume 61 - Page 253
City of Newport Beach
City Council Minutes
August 13, 2013
SAPPHIRE AVENUE. [100 -20131 Approve a new 16 -foot wide driveway
approach on Park Avenue for access to the property per City Council Policy L -2,
Driveway Approaches, provided the property owner obtains an encroachment
permit from the Pubhe Works Department.
16. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT DISTRICT (BID) FISCAL YEAR 2013 -2014 ADVISORY
BOARD APPOINTMENTS. 1100 -20131 Appoint the following persons to
serve on the Newport Beach Restaurant Association BID Advisory Board of
Directors for FY 2013 -2014:
Joe Campbell (Ruby's Diner), Sheri Drewry (Wilma's Patio), Eldy Galietta
(Barolo by the Sea), Thomas Gi hom (Back Bay Bistro), Nicole Hay (21
Oceanfront), Cindy O'Shea (Whole Foods), John Robinson (Amelia's
Seafood & Italian Restaurant), Ronald Schwartz Ovluldoon's Irish Pub),
Sumeth Tila (Royal Thai Cuisine), Jim Walker (The Bungalow
Restaurant), Ali Zadeh (Port Restaurant and Bar)
17. APPROVAL OF COMPARATOR AGENCIES FOR THE FOX LAWSON &
ASSOCIATES (FLA) CLASSIFICATION AND COMPENSATION STUDY
(C- 5176). [381.100 -20131 Use the comparator cities of Carlsbad, Chula Vista
(new), Costa Mesa, Fullerton, Huntington Beach, Irvine, Oceanside, Orange,
Santa Ana, Santa Monica (new), and Torrance for the remaining FLA
compensation review; and no longer use the cities of Anaheim and Long Beach as
comparator cities.
18. START RESERVE FUND TRANSFER. 1100 -2014 Authorize Budget
Amendment No. 14BA -008 for the transfer of $26,550.00 from the General Fund
START Reserve Account 010 -3758 to Fire EMS Account 2340.7042 to fund the
personnel costs associated to back -fill one firefighter during completion of
paramedic field internship [per Council Reserve Policy F -2, the excess revenues
generated from the START Program are to be used for START training materials
and to enhance paramedic, EMT, and Mobile Intensive Care Nurse (MICN) pre -
hospital education),
19. DIRECTION TO STAFF ON ONE ISSUE. [100 -2013] Direct staff to return
to the City Council with an agenda item that would consider lowering or
eliminating the business license tax for the business classification that includes
real estate agents who work within or are affiliated with larger real estate
brokerages which also have a business license.
Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to approve the
Consent Calendar, except for items removed (4 and 12).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
Volume 61 - Page 254
City of Newport Beach
City Council Minutes
August 13, 2013
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. AMEND AND REAFFIRM COUNCIL INVESTMENT POLICY (F -1). [100 -20131
Council Member Gardner observed that the City is reducing its requirements across the
board and requested clarification of the Item.
Finance Director Matusiewicz reported the intent is to allow the City to diversify its
assets into different asset classes and increase investment opportunities.
Council Member Henn added that one of the changes was to allow another year of
maturity and that there might be an opportunity to gain more yield. He noted that the
City's quality requirements are high but still overall in a conservative quality position
in terms of investments.
Motion by Council Member Gardner, seconded by Mayor Pro Tem Hill to adopt
Resolution No. 2013 -63, A Resolution of the City Council of the City of Newport Beach
Finding Consistency with Stated Investment Objectives and Amending City Council
Policy F -1, Statement of Investment Policy, to Align Policy with State Code, Allow for
Greater Investment Diversification, and Provide Greater Clarity to the Investment
Advisors, approving proposed amendments to, and reaffirming Council Policy (F -1)
Statement of Investment Policy as presented.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor
Curry, Council Member Selich, Council Member Henn
Absent: Council Member Daigle
12. APPROVAL OF AN EXCLUSIVE NEGOTIATING AGREEMENT WITH OLSON
REAL ESTATE GROUP, INC. FOR THE REUSE OF THE FORMER CITY HALL
COMPLEX (PA2012 -176) - 3300 NEWPORT BOULEVARD & 475 32ND STREET
(C- 5567). [381100 -20131
Council Member Henn recused himself since he has a business relationship
with a business in Via Lido Plaza.
Council Member Petros expressed excitement that this matter is moving forward. He
noted that the hearing for the project was well attended and hoped that this will
continue to be a public event. He requested clarification regarding the interplay
between the City Manager's Office and Council relative to the frequency of receiving
updates on the negotiations, opportunities for Council to comment on specific issues and
the terms of the transaction-
City Manager Kiff reported that staff will update Council frequently and obtain input
frequently throughout the process. He would like to meet with the Director of
Community Development and the City Attorney to develop a formal proposal for
Council.
Motion by Council Member Petros, seconded by Mayor Pro Tem Hill to a)
approve an exclusive negotiating agreement with Olson Real Estate Group, Inc. of
Irvine for an initial term of one year with a maximum cumulative extension of three
Volume 61 - Page 255
City of Newport Beach
City Council Minutes
August 13, 2013
months, and authorize the Mayor and City Clerk to execute the exclusive negotiating
agreement; and b) direct staff to take actions necessary to implement the terms of the
agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor
Curry, Council Member Selich
Absent: Council Member Daigle
Recused: Council Member Henn
XV, PUBLIC COMMENTS ON NON - AGENDA ITEMS
John Packer references his presentation, "Newport Beach City Employee Costs - The Good,
the Bad and the Ugly" stating that City employee head count has grown only 9% over the last
fourteen years. He commended Council on outsourcing and in getting employees to pay a
portion of their benefits. He commented on previous consideration by Council of the City
Manager's salary and felt that it was misleading in that it was not compared to the salaries of
previous City Managers. He reported researching previous salaries (1998/1999 budget) and
found five positions for which salaries have increased by almost double the rate of inflation.
He mentioned the recent recession, job losses, public employee benefits and unions. He
believes that staff recommends, at the public's expense, biased studies that always conclude
that City employees need a raise. He provided his suggestions which includes outsourcing,
decreasing staff levels, increased employee contribution rates and capping salary increases.
He distributed copies of his presentation and related statistics to the City Clerk.
Jim Mosher commented on communications sent to Council Members and the need to share
them with the City Clerk and posting them. Ile spoke regarding the importance of openness
and transparency and the value to the public of all of the City's business being conducted
entirely in public. He listed examples of failures of openness.
XVI. ORAL DEPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros announced that the Bicycle Master Plan Oversight Committee will
meet on September 3, 2013 at 5:00 p.m. in the Community Room and addressed items on the
agenda.
Mayor Curry announced a Special Library Board meeting on August 16, 2013 at 1:30 p.m, in
the Friends Room to review the process for the Library Director recruitment.
XVII. CURRENT BUSINESS
20, CONSIDERATION OF ORDINANCES AMENDING NEWPORT BEACH
MUNICIPAL CODE SECTIONS 17.35.020(F) AND 17.60.060 RELATING TO
PIERS THAT ENCROACH IN FRONT OF ADJACENT PROPERTIES AND
COMMERCIAL INDEMNITY, RESPECTIVELY. 1100 -20221
Council Member Gardner questioned if staff received a copy of a letter from an attorney,
Christopher Barnette, regarding the aforementioned item and indicated it included
good points that needed to be addressed.
Volume 61 - Page 256
City of Newport Beach
City Council Minutes
August 13, 2013
Staff indicated receiving no copies. Council Member Petros forwarded a copy to City
Attorney Harp to review.
Harbor Resources Manager Miller provided a presentation addressing piers that
encroach over adjacent property lines. He indicated that currently when piers are
transferred from one entity to another; it has to go to the Harbor Commission for
approval if one of four conditions occurs based on the Code. To simplify, he detailed two
proposals including amending the current Code which would allow certain transfers
between family members or other entities to be processed administratively through the
Harbor Resources Department. Ile added that 99% of the occurring transfers are done
through the Harbor Resources Division and there are only a small number of piers that
encroach. Another option would he to repeal that section of the ordinance and allow all
transfers to be handled through the Harbor Resources process.
Council Member Gardner felt that more discussion is needed on the matter and
wondered why a change is necessary. She added that Mr. Barnette's letter brought up
interesting points that should be considered relative to residential piers and other uses.
Assistant City Attorney Torres reported that most piers comply with the rule and do not
extend to other property lines and permits are processed administratively. The matter
under consideration is whether those few piers that extend over other property lines
should also be processed administratively or through the Harbor Commission hearing
process. He added that commercial piers are allowed to extend beyond property lines.
City Attorney Harp addressed efforts to clean up the Municipal Code, noted the options
presented and reported that ultimately, it will be up to Council to decide,
Discussion followed regarding distinctions between residential and commercial piers,
streamlining the Code and findings way to make it work better for residents, addressing
transfers of properties, allowing all residential permits to be transferred at an
administrative level and the possibility of a discretionary permit process in specific
cases.
In response to an inquiry from Council Member Petros, Assistant City Attorney Torres
noted that an applicant wanting a rental business would still need a business license, a
permit and CDD review. The change would not automatically approve the operation of
the business and the applicant would need to go through other discretionary reviews.
He added that the transfer is proposed for estate - planning purposes only.
Chris Barnette, attorney, noted that commercial piers may extend to, but not past the
prolongation of the property line. He felt that this is an anomaly and not permitted
under the current Code and emphasized that his client is significantly harmed by the
proposed changes. He addressed the existing illegal structure and that if Council were
to approve the changes it would allow the illegal structure to go on. He added that
multiple boats increase traffic and congestion and noted that the applicant now wants
to expand the operation and that under the proposed changes; expansion of the use will
not trigger any review by anyone. He urged Council to delay the matter to consider
traffic and parking impacts engendered by the change.
In response to an inquiry from Council Member Selich, City Attorney Harp agreed that
the existing structure is a legal, non - conforming use.
Assistant City Attorney Torres responded to Council Member Petros on whether the
Volume 61 - Page 257
City of Newport Beach
City Council Minutes
August 13, 2013
intensification of use would trigger this part of the Code reporting that Option 1 would
add item 5 and that intensification of use would require review by the Harbor
Commission, Option 2 would require administrative review by the Harbor Resources
Division.
Council Member Gardner noted that the issues are different and should be treated
differently.
Jim Mosher agreed with Council Member Gardner's comments and felt it appropriate
for the Harbor Commission to review encroaching piers when they are going to be
transferred. He expressed concern regarding the proposals originating through Council
and not being taken to the Harbor Commission for consideration and could not
remember when Council provided direction of this sort. He pointed out that the 508 S.
Bay Front encroachment was never heard before the Harbor Commission and
referenced a recent Closed Session item for this address. He hoped that Council will
send this matter to the Harbor Commission for a more thorough public review.
Larry Kallestad addressed parking problems because of the heavily- impacted public
pier at the end of Opal. He expressed concerns with additional impacts by the proposed
business venture. He hoped that off - street parking will be required of the new business
at the site and encouraged Council to retain Section 17.35.020E along with the amended
subsection proposed, thereby retaining control and direction over the situation.
Susan Riddle read an opposition letter to the proposed changes in the ordinances,
addressed dock encroachments, referenced a Site Agreement, and the lack of available
off- street parking.
Jerry Kelleher spoke in opposition to the changes and urged Council to consider parking
on Balboa Island.
Jackie Flora continued reading Ms. Riddle's letter, urged Council not to rush to
judgment and commented on existing parking problems on Balboa Island. She
submitted a copy of the letter along with signatures of seventeen (17) residents in
opposition to the proposed changes.
Council Member Selich identified the different issues at hand. He added that the use of
the pier will need to stand on its own relative to compliance with City policies and
procedures. The issue under consideration at this time is the transfer of pier permits.
He agreed with the City Attorney of making the matter consistent with existing
procedures relative to inter- family transfers.
Motion by Council Member Selich. seconded by Council Member Henn to
introduce Ordinance No. 2013 -15, An Ordinance of the City Council of City of Newport
Beach Amending Sections 17.35.020(F) and 17.60.060 of the Newport Beach Municipal
Code to Allow Certain Administrative Transfers of Tidelands Permits and to Require
Commercial Tidelands Users to Defend and Indemnify the City of Newport .Beach, and
pass to second reading on September 10, 2013.
Council Member Henn felt that the solution moved puts the matter in a more consistent
pattern with how the City would treat general items of this nature.
Council Member Gardner felt that the current Code should continue to be followed
including the procedures for review by the Harbor Commission. She indicated that she
Volume 61 - Page 258
City of Newport Beach
City Council Minutes
August 18, 2013
will not support the motion.
Council Member Petros agreed with Council Member Gardner
Mayor Pro Tom Hill agreed with Council Member Selich, noting the legal non-
conforming 'issue and per the Code if there is a change in functionality, the matter
should go before the Harbor Commission. He indicated support for Option 1 but felt
that more needs to be done to ensure the coordination of business activities. He
commented about inter - family transfer and ownership of businesses for estate - planning
purposes and expressed his support of the addition of paragraph 5.
Mayor Curry reported that anyone can apply for a business license which does not
speak to the legitimacy of the land use.
City Attorney Harp confirmed that with expansion of the use, there would be different
regulations that apply.
Council Member Petros commented on subsection 5 noting that the matter relates to
transfers between family members or between entities owned and controlled by the
same person. He stated he would reconsider if the transfer were to be mily between
family members.
Mayor Curry addressed the two issues at hand and the desire to ensure that the City in
no way provides an exemption or pass regarding intensification of use.
City Attorney Harp offered to add clarifying language to prevent ambiguity and bring
the item back for a first reading.
Substitute motion by Council Member Selich, seconded by Couneil Member
Henn to continue the item to the September 10, 2013 City Council meeting.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor
Curry, Council Member Selich, Council Member Henn
Absent: Council Member Daigle
21. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 10.68 TO THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TARGETED
RESIDENTIAL PICKETING. [100 -20131
City Attorney Harp reported an increase in the number of residential protests targeting
an individual member of the community. He addressed ways other cities have
addressed the problem and proposed a creation of a buffer zone of three hundred feet
around a home.
Jim Mosher felt that this is a difficult issue related to balancing the right to free speech
on public property against the right to personal privacy. He alleged that Council is
relying on the advice of a City Attorney's Office that tends to simplify matters. He felt
that the proposed ordinance is overly broad and unnecessary and recommended that
Council read the U.S. Court of Appeals case of Klein vs. San Diego before making its
decision.
City Attorney Harp confirmed reviewing the referenced case and reported that the
Volume 61 - Page 259
City of Newport Beach
City Council Minutes
August 13, 2013
City's ordinance was modeled after one from the City of San Jose and relates to the
distance from residences. He noted that these types of ordinances have been uniformly
upheld by the courts.
Nancy Skinner spoke in support of the proposed ordinance.
George Schroeder expressed concerns regarding impacts to all residents in a
neighborhood, not just the one being picketed.
Council Member Gardner and Mayor Curry felt it important to protect the
neighborhood and ensure public safety.
Motion by Council Member Gardner, seconded by Mayor Curry to introduce
Ordinance No. 2013 -16, An Ordinance of the City Council of the City of Newport Beach
Adding Chapter 10.68 to the Newport Beach Municipal Code Pertaining to Targeted
Residential Picketing, and pass to second reading on September 10, 2013.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor
Curry, Council Member Selich, Council Member Henn
Absent: Council Member Daigle
XVIII. MOTIONS FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 8:33 p.m. in memory of Ann Caspers
The agenda for the Regular Meeting was posted on August 8, 2013, at 4:34 p.m. on
the City's website; on August 9, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin
Board located in the entrance of the City Council Chambers at 100 Civic Center
Drive; and on August 9, 2013, at 8:00 a.m in the Meeting Agenda Binder located in
the entrance of the City Council Chambers at 100 Civic Center Drive
City Clerk
Recording Secretary
Mayor
Volume 61 - Page 260