HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
December 10, 2013
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
November 26, 2013 — 4:00 p.m.
i. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor Po T %yi Hill, Mayor Curry, Council
'_Member Selich, Council Member Henn
Excused: Council Member Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
In response to Council Members quest
and Gutter Replacement Project), Pub)
City's arborist to address any tree nee
small areas but that, relative to Lido Is]
Regarding Council Member Gardner's q
Services Agreement with A, ^ml`en
Director Webb indicated;.,€ at they are
held to determine whg% er the sitiom
conducted by contractor ;• ., „
In response
Analysia;d`iid Appeals), F
not re£leet what is expect
Y
In response'%D Council
Rehabilitation l?- ect), 1
the third low biddik itbut
2. TCA PLANNED
[100 -20131
regarding Itd`nt -16 (2013 -2014 Annual Sidewalk, Curb
)rks Director reported that staff works with the
ti 2 eplaced. H Vindicated that the project involves
@ large of curbs'-'apd gutters will be replaced.
;stior regard fg Item= mendment No. 1 to Profess
� ional
i PartiiexsrTnc. for Staff Support Services), Public Works
ssistiri ?,:With a position that was eliminated but is being
is nee(T He noted that inspections are currently being
&Vs;�,qupsfion relative to Item 20 (Amendment to the
indeilf de Llamas & Associates for Sales and Use Tax
Matusiewicz reported that the amount of the contract does
,h year but provides for 15% in the event that there is a big
Petros' question regarding Item 15 (Lifeguard Headquarters
ks Director Webb reported that staff received a bid protest from
wed the matter and agree with the recommendation.
OF CASH TOLL COLLECTION FROM THE TOLL ROADS.
Neil Peterson, CEO of the Orange County Transportation Corridor Agencies (TCA), provided a
PowerPoint presentation and discussed a change that will be effective January 1, 2014, where cash
collection at toll booths will be phased out to an electronic system. He addressed toll roads,
introduction of a transponder, number of toll road users, users from outside Orange County, value
proposition, how customers pay, introduction of an express account, increased payment choices, and
tourists and infrequent users. He commented on the historical importance of transportation.
Council Member Henn suggested automatically transferring everyone on FasTrack to
ExpressAccount, and eliminating the old transponder technology. Mr. Peterson clarified that the
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ExpressAccount users will pay the same toll as existing cash users, but toll fees are reduced with the
use of the FasTrack transponder.
Mayor Pro Tem Hill thanked Mr. Peterson for his presentation and noted that the TCA is the
entrepreneurial answer to a State that has been unable to plan for mobility. He encouraged Mr.
Peterson to keep spreading the word about the new technology.
3. ECONOMIC DEVELOPMENT STUDY FOR THE USE OF CITY -OWNED BUILDING AT
THE END OF THE NEWPORT PIER. [100 -20131
Building Manager /Chief Building Official Jurjis provided a Powe,�Pbint presentation to discuss the
structure at the end of the Newport Pier, anticipated repair', osts, problems with the existing
building, an economic study, the economic study scope, pief use Aketail study, comparable piers,
summary of retail categories, per capita retail sales, and „tice economic' Fluat ion.
4n >:.
Brief discussion ensued regarding sales generated byte for _ er restaurant'' ;.
3 ;h
Building Manager/Chief Building Official Jui i4s add,,' possible next ste> to remodel the
existing structure, estimated financials relative tbloint venture for remodel ng, sts and benefits
related to the option of replacing the existing build 3 and costs and benefits related to removing
the existing building.
Council Member Selich indicated that °W"'iWd be in fav6 Hof remodeling the structure since it
would eliminate the need for Coastal Coiumissiatseview anch`e, believed there is a market for a
new user.
Mayor Pro Tern Hill e lA 'sed concern with „Asking decis ins based on Coastal Commission
involvement. He disused remodeling andt2ceived clarification from Building Manager /Chief
Building Official Jua that remodeling wor l l:'be based on interior improvements. He added that,
in terms of the remodehpption�%idders would n pd to know what they will be starting with and that
the City would have to d &&tie ,J **,h uld be responsible for in the process.
Council ,,Member CTa`,” er staA`�d this prow ies the City with an opportunity to do something
differs tt. She added th the %%port Pier is a different kind of pier, and expressed a preference for
reu1% " g %n the structure. he belieEed that the Coastal Commission could be convinced that it is a
wort�.,,
hile project.
Council 1VMnbar Petros believed that the space should provide the public with flexibility. He
commented oftossible uset for the end of the pier, expressed support for removing the structure,
and discussed pr`ogpamming the area for the widest possible uses that would be the greatest benefit
for the community.
Council Member HemY suggested that, if Council decides to remodel the structure, the City retain
flexibility to reconfigure the space in a way that maximizes a potential bidder's use of the property
Council Member Selich commented on the idea of removing the structure and possible other uses.
He stated that, if Council decides to remove the structure, it is opening itself to allowing another
agency's interpretation of what visitor - serving uses of the pier are and will open the possibility for
additional requirements.
Mayor Curry agreed with Council Member Selich's concerns, but noted that unlike the Balboa Pier,
there is a lot more parking at the Balboa Pier and offers other activities. He indicated preference for
spending a minimum amount of money if the structure is to be removed and ensure that whatever
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takes its place will be something that serves the community.
Council Member Petros commented on a recent visit to San Francisco where there were open wharfs
providing different uses. He acknowledged the possible involvement of the Coastal Commission, but
believed that they will be less prescriptive with flexibility of uses.
In response to Mayor Pro Tem Hill's questions, Building Manager /Chief Building Official Jurjis
stated the Newport Pier has an existing railing and there would not be a requirement to upgrade it
at this time. He added that the Building Code does not apply to the pier.'
Mayor Pro Tem Hill agreed that the Coastal Commission could date exactly what the City could
or could not do, and expressed a preference to minimize their inAement.
Council Member Gardner commented on the plan for B g l'anyon to 3''eal' with the selenium issue,
but an agency started making demands so the City steEd back. She sed that the City could do
the same if the Coastal Commission started makin , reasonable demand` ._She added that, if the
City were to base its decisions on what other aicies or may not do`A k eliminates a lot of
creativity., v�
Council Member Henn requested and received conT .. ation from Building Manager /Chief Building
Official Jurjis that demolishing the building would iiivolve the Coastal Commission. Community
Development Director Brandt added tf �l if the City wefF.Ao go forward with a demolition permit
from the Coastal Commission, she wou end includtg what the City's proposed use of the
pier would be so the Coastal Commission ou the ent%ackage. There would probably be
conditions attached to the ultimate Condi£ianal Devefgs uezit Per$fi (CDP).
Council Member Henn ntl eel T hat San Frari sea i§ not subjecrib Coastal Commission jm2sdiction.
He indicated that he cd'nld lie to see if thw4§ty can develop a better understanding of how the
Coastal Commissions ould restfict programni on the pier.
Community Developme..fitr,Dita ttir Brandt pointed out that the structure could be remodeled
without a CDf, `g addY% athat; Fib €3goil „iiterested in looking at a demolition option with
creating,,,a f1"ex spa('56A ortu#ty, staff could "' acuss it with Coastal Commission staff to get initial
feedback from them and retuir;io Council with additional information. Council Member Henn
ted looking at re ent exa Ales where the Coastal Commission has weighed in on
sug *prdg%ning uses.
x
Mayor Curty commented oi#he possibility of an interim use.
Jim Mosher s d that there was no written staff report on the matter and addressed financial
information provid -.,.t
l He."ommented on returns and reliance on sales tax revenue.
Council Member Henri stated that he would like to better understand demolishing opportunities,
possible programming, and whether the City can get any reasonable guidance regarding
programming restrictions for an empty pier. He also requested information regarding recent actions
by the Coastal Commission on similar decisions.
City Manager Kiff commented on Coastal Commission concerns regarding providing access to
disadvantaged communities in terms of their ability to fish. He confirmed that staff can follow up
and return to Council with additional information.
4. VISIT NEWPORT BEACH, INC. (VNB) AND NEWPORT BEACH TOURISM BUSINESS
IMPROVEMENT DISTRICT (TBID). [100 -2013)
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Public Information Manager Finnigan provided a PowerPoint presentation to discuss background,
capacities under which VNB serves the City, composition of the NBTBID, use of money generated,
the Transient Occupancy Tax (TOT) Agreement, details of the NBTBID proposal, and TBID
members.
In response to Council Member Gardner's questions, Public Information Manager Finnigan stated
that the TBID cannot be renewed until it has expired. She noted that, because there is interest in
joining the TBID by a new member, member hotels would like to move,$Ie expiration timeline up in
order to begin the renewal process immediately. F
Council Member Petros reported that the City has elected to sl�.pfu in the TOT revenues at IS% and
wondered if other cities also share the TOT.
Gary Sherwin, CEO of VNB, reported that this practice ss different in every city. He reported that
the City of Anaheim created a TBID and joined forcgg*itb the City of Gardq Grove, and explained
that their TOT would be allocated to infrastruct X apec €tcally the AnahelfiVonvention Center.
He added that the national average is 21°x6.
Mr. Sherwin introduced members of the Executiv"ommittee and provided a presentation to
discuss the background and provide arVpdate on the - ID. He also discussed the TBID Return on
Investment (ROI), prior year compari§W, TBID renewa�,;wrequest for extending the term of the
TBID Agreement, request for an additioi%algAbmase in asses ent and arts and culture in the City.
In response to a question from Council IVfember Sehyl% rgardini0I, Mr. Sherwin reported that
the organization was able to double its sales forc''expam:t sales reach, and offer more sales
missions to rapidly increasftes effort 't t the Tf3Ib focuses on group sales.
John Lambeth, C1 is Advisors, Inc., noted ghat not all TBIDs include all the hotels, there are
different rates for IAxg -.and small hotels, and same TBIDs involve zones.
Debbie Snalel q; fahmrpeNS�i for "i ewpoli Beth and Company and General Manager of the
r P Y g
Newport $each MaY}tt Ho and Spa press nted details of the request and noted that this is a
voluntary assessment prpram ch will be used to help further the growth of the meetings and
co ence industry m the Crty ,noted that the TBID gave them the resources to compete with
the .of Los Angeles for the Bo `Championship Series business. She stated that the TBID is
critical. tax their success an C brings a'higher quality business into the City. She added that if the
hotel comil i ty believes tIkAt it is not receiving an ROI with the TBID, it will be disbanded
Daniel Kuperse d, General Manager of the Hyatt Regency in Newport Beach, urged Council to
support their proposal. Fie addressed a recent renovation of their hotel and believed that VNB can
help them through tYi$ID. He commented on the fierce competition being faced by the industry
and stated that the volfizntary assessment will help in finding new business.
Andy Theodorou, Vice President and General Manager of the Newport Dunes Waterfront Resort,
urged Council to support the proposals and noted that he works with meeting groups to develop off -
site events. He commented on opportunities offered by the TBID, noting that it does not cost the
City anything.
In response to Council Member Gardner's question, Mr. Sherwin explained the various elements of
the groups associated with VNB and their respective governance, responsibilities and tasks.
Additionally, he explained the rationale for requesting renewal of the NBTBID for a 1.0 -year term.
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Council Member Selich commented on the assessment and TOT for other cities, and asked about
increasing the assessment while still staying competitive in the marketplace. Mr. Sherwin
explained that the City would. remain competitive at 14 %.
City Manager Iliff stated that the City is in good financial shape but brought the issue up as a
concern in looking ahead. Council Member Gardner expressed concerns with renewing the term for
10 -years as it would be tying the hands of future Councils. Additionally, she expressed hesitations
about making a decision this evening. ,
Jim Mosher expressed opposition to extending the TBID contract mpJ6 than five years at a time as
future Councils may wish to revisit this or consider other alternsobes. Additionally, he expressed
support for not increasing the assessment b 1% for TBID act' pp g y,' as future Councils may choose to
increase the tax to defray costs of providing City activitiea,,tU supt visitors. He referenced the
Coastal Commission's Access Guide to Newport Beach adiioted t did not produce it. He
stated that the TBID is 100% dedicated to sellinggrboms and race ng space. He suggested
appointing a Council Member as a full voting mem'r on khe governing b" d that oversees VNB
and the TBID. He added that it has been many uxdi the silnee the '1`BI'D hash public meeting.
Mayor Pro Tem Hill reported that TOT makes i"� : ignificant amount in the OWneral Fund and
that this is done because it makes money for the 'i and. community. He stated that the group
would not risk being competitive and that their task is ,.$ll the City's hotel rooms. lie agreed with
the proposal to increase the assessmer 1% and note t planning is on a longer horizon. He
agreed with extending the term to 10 -yep afgpported� g an additional hotel.
Council. Member Henn noted that the acti n item at,� M.jtime is; begin a process and requested
information about the next steps. Public Ii ormati''Mana}j'irinigan noted that the action item
on the evening agenda igk ;iei'' d the TBID's'er�y "in January xC014 so that it can be renewed as of
r'6� r......,
February 1, 2014. If buncill cider to move rward, staff would bring the item back at the next
meeting to begin the onewal I- ocess. it At( r y Harp noted that staff needs Council's direction
so that it can be ih'e;.proces a
Discussion, lt} regaift'k ei6' fiffig)g &I g, teian to 10- years, but it was noted that the VNB
Concil Member Henn a icated at he is in favor of moving forward with the matter and
He
addred benefits to the ublio .ding that the City will benefit by getting more TOT.
addresshe $150,000 coxibution t$ the City's arts and culture program, and noted that It is an
investment "u1 the City to`mprove arts and ciiltural programming and facilities which will be
fi
benecial to a ;,.He indicated that he will support the proposal.
Mayor Curry commeptedZh the importance of TOT revenues to the budget and the services that the
citizens of the City A' and is essential to the City's success. He stated that he supports the
proposals.
Council Member Gardner stated that she would like a fuller discussion, but will not be pulling the
item.
Council Member Selich agreed with the need to market in order to fill hotel rooms, but expressed
concerns regarding increasing the assessment and its effect on competition.
Council Member Petros expressed support, noting that there is a multiplier effect to each dollar
spent and the revenue that comes back. He added that it is not a question of occupying the field
over 1 %, but rather it relates to getting the best revenue stream out of the hospitality group. By
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III.
IV
virtue of encouraging group sales, he believed that the City will see a higher revenue stream. He
further addressed the term and the offer of $1.50,000 towards the City's arts and cultural programs.
Mayor Curry believed that the City can live within the revenues that it has.
Council Member Henn commented that the City should want to have a TBID since most of the
hotels are governed by large corporate organizations generally headquartered somewhere else and
who often make decisions that could have impacts on a local level. He stated that he likes the idea
of a TBID to reposition decision - making to the local Level. ' F
SESSION AGENDA
City Manager Kif£ reported that tonight's meeting will be
week with the City, expressed his appreciation for his servic
Mayor Curry commented positively on Municipal Op. 10
running his department, and thanked him for all the irk l
°S
Council Member Selich commented positively on Munici'
responsiveness, and wished him well in his re irement.
i�VySa�U�3
Council Member Gardner expressed her appreea£i.i.q Mu:
Mayor Pro Tem Hill commented on Municipal Olae
his attention and care for staff. x,
Council Member Henn agree i`with i-' e previous cc
its staff. He expressed a'',xeciation'to Municipal
and management of outso dig, as dell as a high 1
,ipal Opera ons Director Harmon's last
wished him fljp best in his retirement.
Harmon's sekv.5. his efficiency in
done.
Operations Director Harmon's service and
Director Harmon.
service and thanked him for
and believed that the City is fortunate to have
ms Director Harmon for his service, decisions
responsiveness.
Council Member P �1s TC resse s appYe�iatagr�to�iF&micipal Operations Director Harmon, noting that
the qualities Q�rXYr'manager ref d in the sLa f` He commented positively on his staff, noting it is a
direct reflection on him. He &liked h" for his service.
Director 114mon tha"4ed Council for its support, help and advice.
Jim Mosher coni* ted on claims ?;made regarding governmental involvement in business and on travelers
flying into John Wa Airport WA) from Mexico. He stated that he finds it hard to believe that JWA
had to add 990 full-ti inew pexfiLlonnel to manage .four additional flights.
Mayor Curry commented oriiib creation of jobs that bring people into the community.
City Attorney Harp reported that Council will recess into Closed Session and read the items to be
discussed during Closed Session as listed on the Closed Session agenda.
ADJOURNMENT - Adjourned to Closed Session at 6:07 p.m.
The agenda for the Study Session was posted on November 21, 2013, at 4:00 p.m. on the City's
website; on November 21, 2013, at 4:20 p.m. on the City Hall Electronic Bulletin Board located
in the entrance of the City Council Chambers at 100 Civic Center .Drive; and on November 21,
201.3, at 4:10 p.m. in the Meeting Agenda Binder located in the entrance of the City Council
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City of Newport Beach
City Council Study Session
November 26, 2013
Chambers at 100 Civic Center Drive.
City C
Volume 61 - Page 371
Agenda Item IVo. 1
December 10, 2013
CITY OF NEWPORT BEACH
City Council Minutes
Regular meeting
November 26, 2013 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION -6:07 p.m.
A. CONFERENCE WITH REAL PROPERTY
Properties and Owners:,
1. APN - 423 - 102 -03: Lido Pacific, LLC
2. APN - 423.352 -05: Lido Pacific, LLC
3. APN - 423 - 102 -02: Terra Cotta 14
Agency Negotiator: Pat Thomas,
LLC
§ 54956.$):
Negotiating Parties: i ido Pacific, LLQ.;, anderra Coti'aealty Fund, LLC
Fib ~ 5'
Under Negotiatjla : Instaiction to nego for will concern price and terms of payment.
k 4
B. CONFERENCE WITH RkAIRRT>"YNEGC�IATORS (Government Code § 54956.8):
Property: 1516 alboa;%lvd, Lots 9 &� Q Block 115, Newport Beach, CA
VVI
}`
cy Negotiator: 'z�ave Iift.City Manager and David W. Webb, Director of Public
California Edison
Under Negotiziop- gfInstruction to negotiator will concern price and terms of payment.
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy,
Deputy City Manager; 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);
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City Council Minutes
November 26, 2013
Newport Beach Police Association (NBPA); Newport Beach Police Management Association
(NBPMA); Newport Beach Professional and Technical Association (NBPTEA); and Part -Time
Employees Association of Newport Beach (.PTEANB).
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros,
Member Selich, Council Member Henn
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp announced that there were
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION -Mayor Curry
IX. PRESENTATIONS
1/1 Marines Foundation
actions.
Hill, Mayor Curry, Council
Krisztina Scheeff, f44 Marine Foundation b4`ember, introduced other Foundation Members and
Marines in attendance 4d reported that Decemer 9, 2013 will mark the 10 -year anniversary since
the City adoptscl >the 1st B$ i alioh $t lY(anne l stationed at Camp Pendleton. She stated the
mission oftt l3e' oun ton an noted that T00 °10 of the funds raised go directly to the Marines and
their dies. She hi6 ghted�:eYents and the work of the Foundation and expressed appreciation
to 4. "City for its suppori :4 specia y City staff member Clarivel Rodriguez.
Lieuten `', t Colonel Lance Mkkola, Cofiimanding Officer of the let Battalion 1st Marine, highlighted
milestones,w r,ocommented onhe Purple Heart Project, and presented the City with a plaque in
appreciation'fgx.,,its supportgral dedication to the 1st Battalion 1st Marine,
Mayor Curry exprft§pd lu appreciation on behalf of the City for their service.
Presentation by Coronadel Mar High School Seniors Regarding a Newport Beach Senior
Citizen Needs Survey
Corona del Mar High School Seniors Charlotte Boyse and Robin Caston provided a presentation
regarding the results of a Newport Beach Senior Citizen Needs Survey. They addressed the
mission, survey topics, popular services, parking issues, senior beach passes, and transportation
concerns.
Mayor Curry expressed his appreciation to them for sharing their findings.
X. NOTICE TO THE PUBLIC
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November 26, 2013
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM)
XII.
Council Member Henn reported attending the grand opening celebration for Red O Restaurant in Fashion
Island and commented positively on the event. He announced a Christmas Tree and Menorah Lighting
Ceremony on Saturday, December 11, 2013, in Balboa Village at 5:00 p.m. He commented positively on
the Balboa Village Merchants Association's efforts in expanding programming in the Village for events and
activities throughout the holiday season. y }t
Council Member Gardner announced that the Corona del Mar
2013, from 11:00 a.m. to 5:00 p.m.
Council Member Petros reported attending the Villa Balboa
noted that he was very impressed by the level of engagement
Mayor Curry reported participating in the Interfait ecoi
positively on the efforts of the organization in helpinge ne(
and entrepreneurship of the young people in the City. A ' t
Statesman of America Chapter at Newport Harbor High
towards public service. He reported speaking to the Sunrise
to the community. Mayor Curry announced he will be
December 5, 2013, hosted by the Chamber of Coc'g,
will be held on December 8,
Board Meeting and
;`Helping Hands et and commented
He commented on thy" erosity of spirit
lly, he reported speaki ith the Junior
and commented positively on their drive
iry Club and commented on their service
hijpg at the Wake Up! Newport event on
Referencing Item 3 (Amendment to ewport BeacklMugkipal Code and Adoption of Resolution Related to
Residential and Commercial lyfers) Section 17.60. (E), Council Member Gardner requested that staff
bring back language regar dig how the City would handle new commercial piers in the same situation.
Council Member Selich thank6 -& ull ;?N ks staff for' ftheir efforts on Item 11 (Bayside Cove Walkway -
Notice of Completigrr a 8ecepta of GorPti
Regarding Item 21 (Contraci'%�,, endifient No. 3 between the Citv and HF &H Consultants, LLC for
Residentia ' olid Waste Transiti "4 and- %tract Management Services), Jim Mosher noted that City staff
was suppose ±p retain oversight 'ESf the canfct, but with the departure of Municipal Operations Director
Harmon, the (.i`y,is now proposing to outsource not only trash collection, but also the contract oversight
function. He expr6ssed concerns Y fat the firm being proposed to perform these function is the same firm
that recommended outsourcing, cirote the Request For Proposal (RFP), evaluated the responses, helped
pick the winning bid, . -, rot f e contract. He believed that it was not good public policy to entrust all
of these functions to a sin fent?ty. He also requested information regarding the steps being taken to fill
the Municipal Operations D , r position and inquired on whether the new contract requires residents to
use the new automated carts'
Council Member Petros took issue with Mr. Mosher's statements, emphasizing that Council, not HF &H,
decided to go forward with outsourcing, made decisions regarding service levels, and listened to extensive
public input to arrive at its decisions. He pointed out that this was an action done by the City of Newport
Beach under Council's direction, administered by the City Manager, and undertaken by City staff.
Regarding Item 3, Patricia Newton noted that the City Attorney indicated that there is no gift of public
funds if a mooring or residential pier permit is transferred or if the permittee is allowed to rent their pier
to third parties for profit, but that this is a matter of Council Policy. She added that other issues raised at
the Study Session were not answered and that tideland users using tidelands for boat storage cannot be
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November 26, 2013
treated differently than others. She presented a chart referencing burdens placed on mooring permittees
compared to residential pier permittees and believed that the use of the marina pier index for moorings is
unreasonable. She addressed rates, benefits, and administration, and requested a reasonable solution to
the issues she raised. She also requested that the marina index be scrapped in favor of the tidelands
appraised value and implementation of the Harbor Commission ordinance prepared on January 14, 2009,
as well as written answers to the inconsistencies pointed out and the rationale for such disparate
treatment for mooring permittees:
Referencing Item 3, Chuck Hornsby took issue with the item and believed, that Council has been bad
stewards of wealth. He expressed the opinion that the City should rescindhis and publicly apologize to
boat and dock owners. ;
Brian Ouzounian referenced a letter he submitted and asked thatk}ie Gishare its rental revenue with
permittees, noting that permittees pay all maintenance costs aridol e assesseees in their utility bills.
XIII. CONSENT CALENDAR
A.
1. MINUTES FOR THE NOVEMBER 12, 210:13 STUDY SESSION AND .REGULAR
MEETING. [100 -2014 WaivOreading of subject nnmutes, approve as amended, and order
filed.
2. READING OF ORDINANCES. Rive readifi- ii, ull of. >:ordinances under consideration,
and direct the City Clerk to read by title
B. ORDINANCES FOR.;hVTROSaUCTION Z'§`
3. AMENDMENTI: O N WPORT BEACON MUNICIPAL CODE AND ADOPTION OF
RESOLUTION Q YRESIDNTIAL AND COMMERCIAL PIERS. j100-
201q1,` T itt pctrice Minance Na t7wF 7; An Ordinance of the City Council of the City of
ly 'port Beach 9inendifr�i Chapter 17.60 and Subsection 17.35.020(8)(2) of the Newport
asBeach Municipal -Code ipgarding Residential and Commercial Piers Located (7pon
?I Tidelands, and pass(,, a secoA _ reading on December 10, 2013; b) adopt Resolution No. 2013-
it ,
.A Resolution of %he City Council of the City of Newport Beach Adjusting the Rental
CataF ation and Appgoving a Revised Model Permit Template for Residential Piers Located
Upon- % -,, elan a, and Amending Resolution No. 2012.98 to Reclassify Certain Homeowner's
Associati6n (HOA) Sips from Commercial to Residential; c) approve the reclassification of
IiOA slips tg,be retroactively applied beginning March 1, 2013. and approve refunds or
credits for tli6g: -, affected HOAs; and d) direct staff to develop an administrative policy to use
Harbor Patrol generated rental revenue collected from transient moorings for amenities in
Newport Harbor that generally benefit all mooring permittees, to the extent that desirable
projects are identified each year. Council Member Selieh recused himself from this
item since he owns a residential pier.
4. REPEAL OF THE INCLUSIONARY HOUSING PROVISIONS CONTAINED IN THE
NEWPORT BEACH MUNICIPAL CODE (PA2013 -221), [100 -20131 Introduce
Ordinance No. 2013 -28, Art Ordinance of the City Council of the City of Newport Beach
Repealing Chapter 19.54 (Inclusionary Housing) of Title 19 of the Newport Beach Municipal
Code, 1) finding that all significant environmental concerns for the proposed project have
been addressed in the previously adopted Negative Declaration SCH No. 2011091088; and 2)
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approving Code Amendment No. CA2013 -008 to repeal Chapter 19.54 of the Newport Beach
Municipal Code, and pass to second reading on December 10, 2013. Council member
Gardner voted NO on this item.
C. ORDINANCES FOR ADOPTION
5. ADOPTION OF ORDINANCE NO. 2013 -18 AMENDING NEWPORT BEACH
MUNICIPAL CODE SECTION 3.36.030. [100 -20131 Conduc%'%second reading and adopt
Ordinance No. 2013 -18, An Ordinance of the City Council a `ihe City of Newport Beach
Amending Section 3.36.030 of the Newport Beach Mu.nicipgi'Code. Mayor Pro Tern Hill
and Council Member Henn recused themselves f y..
n this item since they were
recused from voting on this item at the November 1 , 2 v City Council meeting.
T
6. SECOND READING AND ADOPTIOMk OF ORDNANCE NO. 2013 -22
ESTABLISHING A PENALTY AMNESTY-40ROPRAM TO F"", IVE BUSINESSES
THAT PAY CERTAIN DELINQUENT A,SA SSiVI&TS FOR THE'1pRONA DEL MAR
BUSINESS IMPROVEMENT DISTRI FROM LIABILITY FOR PIN ALTIES. [100-
20131 Conduct second reading and adopt rdihance No. 2013 -22, An Ordnance of the City
Council of the City of Newport Beach, Califoriafi:Establishing a Penalty Amnesty Program to
Forgive Businesses that Pay Certain Delinquent rssessments for the Corona. del Mar Business
Improvement District from Liabi *,for Penalties. `Sa;:
7. ADOPTION OF ORDINANCE N.D.
CA2012 -008, WAIVING THE 10 *1
A PLANNED COMMUNITY Dlh
(PA2012 -146) FO33:3 AND 33555.'.
adopt Ordinance'No. 20`f3 -23, An Ordi
Approving Zo lug Cod6Amendment P
3303 and 3355a Lido (PA2012 -146).
item due to tl8- _na3 for a
13_„ APPROVING CODE AMENDMENT NO.
MIN SIT AREA AND ESTABLISHING
.Op ENT n'i AAN (PC) ZONING DISTRICT
3,,UDO. [100 -7013] Conduct second reading and
ce of the City Council of the City Of Newport Beach
CA2012 -008 for the Lido Villas Project Located at
�uncil Member Henn recused himself from this
Inflict of interest arising from a business
s T is Lido Plaza.
8. GENERAL FUND JOAN T(YNEWPORT HARBOR CAPITAL FUND FOR MARINA
P9i{, MARINA DTtEDGING AND DOCK CONSTRUCTION. [100 -20131 a) Adopt
Resoliit#}n No. 2013?84, A Resolution of the City Council of the City of Newport Beach
Memoriaamg the Existing Loan of 676 658.50 from the General Fund to the Harbor Fund
for the Dredgg of.zVewport Harbor, Linda Isle and the Rhine Channel from 2011 to 20X4; b)
adopt ReSolutf`110. 2013 -85, A Resolution of the City Council of the City of Newport Beach
Formalizing the'•`City's Intent to Loan $6,132,900.00 from the General Fund to the Harbor
Fund for the Development of the Marina Portion of Marina Park; and c) direct staff to
request State Lands Commission (SLC) approval for the loan to the Harbor Fund for the
development of the marina portion of Marina Park.
9. ADOPT RESOLUTION TO APPROVE PROJECTS FOR THE 2015 FEDERAL
TRANSPORTATION IMPROVEMENT PROGRAM UPDATE. [100 -20131 Adopt
Resolution No. 2013 -86, A Resolution of the City Council of the City of Newport Beach
Certifying that the City has the Resources to Fund the Projects Submitted for Inclusion in the
2015 Federal Transportation Improvement program within FY 2014115- 2019 -20 and Affirms
its Commitment to Implement all Projects in the Program, affirming that the City intends to
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November 26, 2013
fund and allocate resources to implement the Bicycle Corridor Improvement Projects as part
of the 2015 Federal Transportation Improvement Program.
10. RESOLUTION NO. 2013 -87: - A RESOLUTION OF INTENTION TO MODIFY THE
MANAGEMENT DISTRICT PLAN OF THE NEWPORT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT. [100 -2013] a) Adopt amended Resolution No.
2013.87, A Resolution of the City Council of the City of Newport Beach Declaring its Intention
to Modify the Management District Plan of the Newport Beach Tourism Business
Improvement District; and b) direct the City Clerk to provide no.06e of the public meeting and
public hearing, as required by the California Streets Highways Code.
E. CONTRACTS AND AGREEMENTS
1.1. BAYSIDE COVE WALKWAY - NOTICE OF
CONTRACT NO. 5276. [381100 -2013] a) nA
City Clerk to file a Notice of Completion fob =Tie
the Labor and Materials Bond 65 days , *&er th
accordance with applicable portions of e'
Performance Bond one year after acceptance by
12. 2012 -2013 CITYWIDE SLURRUS
ACCEPTANCE OF CONTRACS 1
and authorize the City Clerk to file
City Clerk to release the Labor and
has been recorded ink gordance wit
Faithful Performafiee d one year
t the completed W.o
j#1 t; b) authorize tN
'otice of Completion
vil Code; and c)
City Council.
ACCEPTANCE OF
k and authorize the
ty Clerk to release
I' een recorded in
elea ' the Faithful
R -- NOTICE OF COMPLETION AND
9&2,013] a) Accept the completed work
pletlamfor the project; b) authorize the
.§5 days after the Notice of Completion
�f the Civil Code; and c) release the
by t e City Council,
13. AMENDMENT.,N0. 110 PROFESSIONAL SERVICES AGREEMENT WITH TETRA
TECH, INC. k(,)R l - WPORT BO>�LEVARD WATER TRANSMISSION MAIN
REPLACY, ENT`% L 3JH T.( `� 46).' %381100 -2013] Approve Amendment No. 1 to the
Professional S vrces greement wi h Ga Tech, Inc. to provide final engineering services
fo? —the Newport 7 qulev, Water Transmission Main Replacement Project at a cost not to
exceed $152 400 00 and aiz't prize the Mayor and City Clerk to execute Amendment No. 1 to
%.
-.:..the agreement.
14. AAMNDMENT NOS; 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
BASIM0, gARINE, &C. FOR BALBOA YACHT BASIN MANAGEMENT (C- 4708).
[38/100- I.3J Appove and authorize the Mayor and City Clerk to execute Amendment No.
1 to the Profesional Services Agreement for Balboa Yacht Basin management with Basin
Marine in an'TtrSunt not to exceed $151,996 to include a management fee of $6,833 per
month for twelve months and an allowance for additional work on a time and materials basis
for a not to exceed amount of $70,000 per year.
15. LIFEGUARD HEADQUARTERS REHABILITATION PROJECT - AWARD OF
CONTRACT C -4869. [381100 -20131 a) Approve the project drawings and specifications; b)
award Contract No. 4869 to Optima RPM for the total bid price of $1,546,000.00 including
acceptance of additive bid items A2, A3, A4, A5, A6 and A7 and authorize the Mayor and City
Clerk to execute the contract; c) establish a contingency of $154,000.00 (approximately 10
percent) to cover the cost of unforeseen work; and d) approve Budget Amendment No. 14BA-
022 transferring $596,000.00 from the Facilities Financing Fund to the Lifeguard Facilities
Fund and appropriating $596,000.00 from the Lifeguard Facilities Fund unappropriated fund
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November 26, 2013
balance to Account No. 7414- C1002037 (Lifeguard Headquarters Rehabilitation).
16. 2013 -2014 ANNUAL SIDEWALK, CURB AND GUTTER REPLACEMENT PROJECT -
AWARD OF CONTRACT NO. 5491. [381100 -20131 a) Approve the project drawings and
specifications; b) award Contract No. 5491 to Grigolla & Sons Construction Company, Inc. for
the total bid price of $639,950.00, and authorize the Mayor and the City Clerk to execute the
contract; c) establish an amount of $96,000.00 (15 %) to cover the cost of unforeseen conditions
as well as take advantage of opportunities to include additionali needed concrete work not
included in the original contract; and d) approve Budget.OVinendment No. 14BA -025
appropriating $298,000.00 from unappropriated General Fupd "balance to Account No. 7013-
02001009 (Sidewalk, Curb and Gutter Replacement)- and, cognizing $14,000.00 in revenue
from a private contribution from Lido Isle Commurrity �l station to Account No. 9010 -5901
and appropriating $14,000.00 to 7013- C2001009. wr'
17. CITY'S ACQUISITION OF THE SOUTHERN CALIFORIA EDISON (SCE)
PROPERTY AT 1516 W. BALBOA AV.FNUE, ADJACENT TO UARINA PARK (C-
4869). [381100 -20131 a) Approve the A lementA'& Acquisition and Sa f Real Property
by and between the City of Newport Beach;:4�n�s�SCE for a parcel of land 1Ilted at 1516 W.
Balboa Boulevard for a cash purchase price0600,000 which acknowledges a fair market
value of $1,500,000 for the parcel (as establish'e'd. in an appraisal dated May 24, 2012 from
R.P. Laurain &Associates) and ggnize that SC�t`ill seek a charitable donation tax credit
for the excess value of $900,000; a r3r „direct the MaAr to execute and record the Agreement
and delegate authority to the City lana�& tQC*execute all documents necessary to implement
the terms of the Agreement to compete the 'i'ty';cquisitR of the parcel.
18. AMENDMENT L `s ;l TO PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPRT NA PARTNERS, I&O.' FOR STAFF SUPPORT SERVICES (C- 5463).
[381100 -20131 fApprov� Amendment "No. 1 to Professional Services Agreement with
AndersonPeniid.;l?artn s, Inc. of Newport Beach, Califor�ua, for staff support services
increasing the toEaD:. oaton by $20(00.00, and authorize the Mayor and City Clerk to
19. :AMEND "MENT 1 1 TO %PROFESSIONAL SERVICES AGREEMENT WITH URBAN
N% -CROSSRO.ADS F R TRAM IC IMPACT ANALYSIS SERVICES (C- 3524). [381100-
"`10131 a) Approve A'raendmenCNo.l to the Professional Services Agreement with Urban
CrYa�."aroads of Irvine, =xCalifor nia at.a cost not to exceed $144,000.00, and authorize the Mayor
and , Clerk to exefiute the Agreement; and b) approve Budget Amendment No. 14BA -024
appropriating $20,0Q0 from the unappropriated General Fund balance to CIP Account No.
7013 -0300 X03.
20. AMENDMENW`TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HINDERLITER, DE LLAMAS & ASSOCIATES (HDL) FOR SALES AND USE TAX
ANALYSIS AND APPEALS (C- 5274). [381100 -20131 Approve Amendment No. 2 to the
Professional Services Agreement with HdL which would 1) extend the term of the Agreement
to September 30, 2018; and 2) increase the total compensation to HdL to $472,000.
21. CONTRACT AMENDMENT NO. THREE BETWEEN CITY AND HF &H
CONSULTANTS, LLC (HF &H) FOR RESIDENTIAL SOLID WASTE TRANSITION
AND CONTRACT MANAGEMENT SERVICES (C- 5521). [381100 -20131 Authorize the
Mayor to sign the Contract Amendment between the City and HF &H for Residential Solid
Waste Transition and Contract Management Services. Council Member Selich voted NO
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November 26, 2013
on this item.
22. APPROVAL OF SIDE LETTER AMENDING THE 2012 -2014 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH POLICE ASSOCIATION (NBPA) (C- 2056). 1381100 -20131 Approve
the Side Letter Agreement with the NBPA to: 1) delay the previously agreed to salary
adjustments and California Public Employees Retirement System (PERS) employee
retirement contributions; and 2) include new employees (hired xunder the Tier III benefit
formula) in the "cost -share agreement" to contribute the Mme total amount toward
retirement as employees in Tiers I and II.
23. 'APPROVAL OF SIDE LETTER EXTENDING TF 2f1y2 -2014 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY tT NEWS )CtT BEACH AND THE
.NEWPORT BEACH FIREFIGHTERS ASSO,.. TaIATION (N1 ii 1) TO DEC.F,MBER 31,
2014 AND APPROVAL OF SETTLEMEN, 'AGREEMENT (?L060). [381100 -2013]
Approve the Side Letter with the NBFA to extend tll;;:expiration date `he Memorandum of
Understanding from June 30, 2014 to DO mber, 1, 2014; and b} apprai the Settlement
Agreement between the City and NBFAasttiTe all disputes regarding`ack payment of
overtime for the period January 1, 2010 threu-December 31,2011.
24. FIRST AMENDED & RES,3;`�?gTED EMPLOY. ENT AGREEMENT FOR CITY
ATTORNEY (C- 4925). [381100= ,...F &prove and'%u, orize the Mayor and City Clerk to
execute the First Amended and Re §ated F1nlgyment Agrement for the City Attorney.
F. MISCELLANEOUS
25. PLANNING CDMMISSION AGENIYA FOR NOVEMBER 21, 2013. 1100 -20131 Receive
and file
az
26. HUMAI#PRVICLtiGRAl�I`S2R L I, 'AL YEAR 2013 -2014. [100 -20131 Pursuant to
Cit .Council Pa A 1 DI cretionary grants, find that the organizations listed below have
earthy projects o °lrogrags that serve residents and are beneficial to resident's quality of
, life, and authorizd a al(o2 ion of $25,000 in Human Services Grants in the following
"?Wnner: Youth Employment ' vices (Harbor Area): 4,000; Serving People in Need (SPIN):
$3'(1(!0; Orange Couiy Counon Aging: $4,000; Advocates for Grandparent - Grandchild
Coniifretion: $3,000; FUentral Orange Coast YMCA: $3,500; Newport Harbor High School:
$3,500 `a *.d Boys & Carle Club of the Harbor Area: $4,000
27. 2014 BOW[i2�;;:GAMPIONSHIP SERIES ("BCS ") NATIONAL CHAMPIONSHIP
BANNERS - A: OVAL OF ENCROACHMENT PERMIT N2013 -0425. [100 -20131 a)
Waive the provisions of Council Policy L -16 (Temporary Banners Extending Over the Public
Right -of -Way) pertaining to the number of banners allowed, the requirement that the event
is open to the public and free of charge, and that the event is co- sponsored by the City; b)
conditionally approve the Pasadena Tournament of Roses Association's request to install a
maximum of 176 banners from Monday, December 16, 2013, to Tuesday, January 14, 2014,
for the 2014 VIZIO Bowl Championship Series (BCS) National Championship (installation
will be along MacArthur Boulevard from Campus Drive to Jamboree Road and along
Jamboree Road from University Drive to East Coast Hwy); and c) authorize staff to record an
expense of $1,393.00 in the City Manager's budget account of 0340 -8250, and credit revenue
accounts to 5200 -5016 by $311.00, 5200 -5033 by $879.00, 5200.4626 by $53.00, and 5100-
5014 by $150.00.
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November 26, 2013
XIV
ENV
28. ACCEPTANCE OF REIMBURSEMENT FROM U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT. (100 -2014 a) Approve Budget Amendment No. 14BA -023 to accept
$18,510.07 from the U.S. Immigration and Customs Enforcement and deposit into Revenue
Account No. 1820 -4931 for the Police Department; b) appropriate the funds to the Detective
Overtime, Safety Account No. 1850 -7041; and c) approve acceptance of future
reimbursements.
29. ANNUAL REPORTING ON DEVELOPMENT IMPACT
AGREEMENTS. 1100 -20131 Receive, review, and file the
Impact Fees and Development Agreements.
Al
Calendar; noting the recusals of Mayor Pro Tom Hill on Item
and Council Member Selich on Item 3; and noting opposition
Council Member Selich on Item 21.x'
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member
Member Selich, Council Member Henp
Absent: Council Member Daigle
Frank Peters, Member of tiff Bicye
suggested that the Corona{' =d,el Mar
Thanksgiving ride set for N— embt
residents in Corona del Mar aritlx5
the ride.afila :fin "'iti
Jim Mosher aW mced a vie cy c
the 2006 Gxen Light Measure ztnd
the public mment period was re u
it is disreslilii to stop speakeFs
Council has no'`kerest in what is
testimony t o t hree 3xx uteS. ,a
Master
, 2013, at
Council
AND DEVELOPMENT
Reports on Development
to approve the Consent
Henn on Items 5 and 7,
n.Gardner on Item 4 and
Pro Tem Hill, Mayor Curry, Council
sight Committee, stated that some people have
Ride be an annual event. He announced a pre -
a.m. and noted that postcards were mailed to
icouraged Council and the public to join them on
nlil-4e Parks, Beaches and Recreation Commission. He also discussed
noE _that the meeting to discuss this Measure took place long before
led fr ' ",.dive minutes to three minutes. He expressed the opinion that
during '
g �`, ear comments and believed this gives the impression that
being said. He hoped that Council would reconsider limiting public
Jim Kerrigan comment's`t)_on g; t.E proposed Corona del Mar High School athletic field expansion and
expressed concerns that tfA r,. ct will be overseen by the State. He expressed concerns with increased
.:.,
parking requirements and theegative impacts of the expansion to the nearby community. He asked that
Council protect residents relative to CEQA and the impacts of the project.
Dale Skiles expressed concerns regarding noise, increased traffic, and parking impacts related to the
proposed field expansion. She believed that it is an unconstitutional taking without compensation. She
addressed ingress and egress difficulties in the Bluff area and negative impacts to property values. She
asked that Council consider the matter carefully and recognize residents' concerns and act resolutely to
prevent the permanent, negative impact to the community.
A resident commented positively regarding living in the Bluffs, but noted existing parking issues. She
expressed concerns with the negative impacts of the proposed expansion of the Corona del Mar High
School field, including increased traffic, parking problems, noise, and lights. She asked that Council
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City Council Minutes
November 26, 2013
XVI.
consider the issue carefully.
Council Member Petros clarified that the City has no discretion over this action, however, the City has
influence on the issue. He noted that the City has taken steps to make things better in the Bluffs
neighborhood and the City continues to have a dialogue with the School District. He reported that there
has to be a CEQA determination and Council has instructed City staff to intervene to ensure that certain
topics are addressed. Additionally, Council has heard the public and is taking steps to ensure that the
public's interests are addressed.
Irwin Treater stated that there is no educational value in expanding the Cgi%iYha del Mar High School field
and believed that it will create a' circus environment and destroy thhature of the community. He
expressed concerns with increased traffic, noise, and lights. _n
Colin Duffy, Newport Harbor High School student and Vice Presi ent of the`Aunior Statesman of America,
thanked Mayor Curry for speaking at a recent club meetr$g and report�ty attending the Fall State
Convention where they returned with four Best Speaker Av .As. ,
Council Member Henn reported on a Balboa Village '.%sory Committee (BVAC) meeting held on
November 13, 201.3, where it considered the final ULI Tee cal Advisory Panel Report on revitalizing
Balboa Village. He stated that the report was�ell- received, tli oughly discussed, and there was a lot of
enthusiasm for many of the recommendationstiicf#td.ed in the rep srtF He reported that it was concluded
that the report should be included in considera on o`f ±Committee'rz:work plan for the upcoming year to
see how the recommendations may be fully acted'upon.
Council Member Henn reported<
addressed included a review�rif
valuations. He reported tllati`unl
2012 which was at a worsi =else-
going forward. He reported that
that will have the i of fu
Beach. He addo(N"M ' g' ens
fiF?
actions to mitfigate those ea�
regard. 11% fated that the Corn
recorded �Rperating surplus
process and tli load map for the
Council Member announ
Committee on Novemi.:27, 201
a meeting of the Land Ud EIs M
to 5:00 p.m. in the , riend's {]n
XVII. PUBLIC HEARINGS
it the Finance `Gonum tee met 60-November 18, 2013, and that items
���;;g r
moet recent Ai Employee Retirement System (.PERS) pension
died liabilities inef.,eased, but noted that the report was dated as of July,
ario period of titre. He stated that he expects things will get better
A x ill be several changes that will be acted upon by the PERS board
T mcreA§ #,W sion costs for all member agencies, including Newport
_eost forecast rsWt good and will cause the City to continue to take
?'adding that the City has already taken substantial action in this
;ee r ewed the Quarterly Financial Report and reported that the City
of the' seal year. Discussion also took place regarding the budget
dget eoink forward.
Ad a meeting of the Local Coastal Plan /General Plan Implementation
€ afrom 12:30 p.m. to 2:30 p.m. in the Newport Coast Conference Room and
�iut Amendment Committee will meet on December 3, 201.3 from 3:30 p.m.
in the Library.
3o. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH G. O.
RODRIGUEZ TRUCKING, INC., A CALIFORNIA CORPORATION. (421100 -2013]
Deputy Director of Municipal Operations Pisani provided a staff report, including background and
recommendations.
Council Member Gardner commented on the number of different solid waste collection providers in
Corona del Mar and asked about the possibility of considering restricting the number of providers in
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November 26, 2013
an area in the future. Council Member Henn agreed with Council Member Gardner's comments.
Mayor Curry opened the public hearing. Hearing no testimony, Mayor Curry closed the
public hearing.
Motion by Council Member Selich, seconded by Council Member Henn to conduct second
reading and adopt Ordinance No. 2013 -26, An Ordinance of the City Council of the City of Newport
Beach Granting a Non - Exclusive Commercial Solid Waste Franchise to G. O. Rodriguez Trucking,
Inc., a California Corporation, to Provide Solid Waste Collection Seruis upon the City Streets and
Within the City of Newport. Beach.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros; Mayo `Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn;
Absent: Council Member Daigle
31. ADOPTION OF THE 2013 CALIFORNIA B�ILDIN` "CODES AND OTR DESIGN AND
CONSTRUCTION RELATED CODES. [100i`�Xl,,131,- '"
City Manager Kiff noted that Council has received deified information regarding the matter.
1( a.
Z.
Mayor Curry opened the public he i ." ,, Hearing natestimony, Mayor Curry closed the
public hearing. "tea
Motion by Council Member Petros seconded b._'.'Cifuncil mber Selich to conduct second
reading and adopt OrdinaW No. 2013 -24, Ara Ordinance of ., City of Newport Beach Amending
Title 15 of the Newport I�euc'h`: anicipal Conk ,t��ii'fldopt Amendments to Chapter I Division H of the
2013 California Build i Cg Codd' Designated a j t e Newport Beach Administrative Code; to Adopt the
2012 International.... ?roperty Maintenance Cole; the 2013 California Historical Code; the 2013
California Existing lu2lding Code; to Adopt 60, e; Local Amendments to the 2013 Edition of the
California. Building Cody ;he, -1, d lion oft California Residential Code; the 2013 California
Electrical C_, 'fi ^'
cd�xfaQ13 Lt�iforn a Flilnli�rug 4'oae; the 2013 California Mechanical Code; the 2012
Uniforrrsp3wimming ? dit Sp ". nd Hot Tub Cd�de; the Excavation. and Grading Code; and the 2013
Calif i is Green Buildirr Stan sls Code (Title 24 of the California Code of Regulations).
Thetion carried by the f`gllowing r'0}
te call vote:
ary.
Ayes: Cvicil Member Gardner, Council Member Petros, Mayor Pro Tem. Hill, Mayor Curry,
Couif4?'?��,, Member Such, Council Member Henn
Absent: Counc3ihlember D . vie
32. SECOND READIN��r�1��0 DINANCE NO. 2013 -25 ADOPTING THE 2013 CALIFORNIA FIRE
CODE (TITLE 24 F THE CALIFORNIA CODE OF REGULATIONS) WITH LOCAL
AMENDMENTS AND ADMINISTRATIVE PROVISIONS, INTO TITLE 9 OF THE
NEWPORT BEACH MUNICIPAL CODE. [100 -20131
City Manager Kiff reported that Council has received detailed information regarding the matter and
that staff is available to respond to questions.
Mayor Curry opened the public hearing.
Jim Mosher commented on modifications made to the Fire Code, but noted that the definition of
"open burning" does not include recreational fires. However, the Fire Code does prohibit open
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November 26, 2013
burning fires when atmospheric conditions or local circumstances make such fires hazardous. He
believed that Council should deliberate on the matter before deciding to change its past practices.
Hearing no further testimony, Mayor Curry closed the public hearing.
Motion by Council Member Henn, seconded by Council Member Selich to conduct second
reading and adopt Ordinance No. 2013 -25, An Ordinance of the City of Newport Beach Amending
Title 9 of the Newport Beach. Municipal Code to Adopt the 2013 California Fire Code (Title 24, Fart 9
of the California Code of Regulations) with Local Amendments as the Ne#port Beach Fire Code.
The motion carried by the following roll call. vots:
. A
`.
Ayes: Council Member Gardner, Council Member Petros, ii ygr Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn ""
Absent: Council Member Daigle
XVIII. CURRENT BUSINESS
33. BEACH BURNING/FIRE RINGS - COMPE'I �TGH�' WITH SOUTH COAST,, IR QUALITY
MANAGEMENT DISTRICT (AQMD) RULE 44d , 666). 1381100 -20131
City Manager Kiff provided a Powerlt presentationldressing the background to the issue;
results of AQMD's most recent study ogfv. gs, photos of conditions during busy days, existing
conditions at Big Corona and Balboa Pier, AQ '8�Rule 444, MD's Alternative Fuel Fire Ring
Demonstration Project, examples of alterative fue)`,tg, inga, 'apd details of a proposed plan for
Council's consideration for Big Corona '$nd Balht'a' Pjr ;.;Ie ``addressed concerns relative to
enforcement, safety of alte%`1jp.�ive fuel rings ;, m is? €enance and- 7- cliability of alternative fuel rings,
and consideration by QtUtr agencies. City 11Iiaz get Kiff addressed input from Coastal Commission
staff, including add Afffonal r uirements A their opposition to AQMD's Rule 444 nuisance
override. He refere2tr d cou#ments received`hVrom the AQMD with added requirements. He
addressed contiguous b'e'ach axe „ the 50 -foot spAcing requirement, and AQMD's statement that the
City did not en d appraishte`iifrrutents ` nd that they may impose a penalty. He reported
e
on next step§m$te ixropess aid, presented-re" 'mendations.
qT4
Discofiion ensued regar- g the aecution of an agreement between the City and AQMD on the
Alt'xtive Fuel Demonstraion Protot and the Coastal Commission's involvement.
Mayor Cult indicated thatrthis is a three - legged proposal and that all three of the legs need to be
present relwo to removal',of a portion of the fire rings, conversion to clean fuel, and the use of
alternative fuefg;jp experimental rings. City Manager Kiff thanked Randy Pulson for his help in the
matter._,.
Council Member GardK'er thanked staff because this has been a difficult issue and acknowledged
that staff is trying to make the best out of a very difficult matter.
Mayor Curry commented on the City's efforts collectively to help make the City a healthy place to
live. He noted that the City is confronted with significant health impacts due to wood smoke and
referenced AQMD's findings regarding the impacts of wood - burning fire rings. He listed additional
findings regarding the negative impacts of wood - burning fire rings and noted that they present
evidence that the issue needs to be addressed. He acknowledged that beach fires are also part of the
Southern California beach experience and addressed persuasive and non- persuasive arguments that
have been made regarding the issue. He added that policies are designed to ensure the health of
residents and visitors. He hoped that the issue will be approached as neighbors in order to protect
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November 26, 2013
the health of each other while accommodating residents and visitors who wish to continue to use the
beach to enjoy the California lifestyle. He added that the approach will likely make nobody happy
and stated that it is based on three prongs, including a reduction in the number of wood - burning fire
rings by approximately 50 %, use of clean- burning fuel in remaining fire rings, and the introduction
of alternative fuel rings (natural gas) for use by large groups. He stated that he does not support
expanding the profile of where fire rings can be placed on the beach.
Frank Peters thanked Mayor Curry for his remarks and commented on the importance of family and
health. He addressed the health threats produced by wood - burning £Ae rings and noted that the
campaign to raise awareness of the dangers of wood smoke has beg l challenging and frustrating,
but also satisfying. He commented positively on the City Managefs testimony before the Coastal
Commission and asked that Council send the City Manager b^ before the Coastal Commission
with a resolute conviction that the City cares about the he s'ety of its citizens and all those
who visit, will not be placing a staff member or contractUxe`at the bea2r to monitor the behavior of
fire pit patrons because to do so will risk that person'salth, and provd,a mandate that the City
will not allow any toxic fire pits on the City's beaches
In reply to Council Member Selich's inquiry,-..' I
alternative -fuel pits, City Manager Miff presente&
Council direction prior to fully investigating these
Charles Farrell addressed particulato,',*ission,
second -hand smoke from 800 cigarettJJl ? ?.. t
..
are unquestionable and that wood- smokdcPartil
carcinogens known to man. He believed that the
on the distance of fire pits from residence 'an
rings. He urged Council tgr:lSan this activity. '; ,,,
4rd collection of fuel char relative to the
or`ble options, but noted that ftff is waiting for
n a.
.
from 64, beach bonfire, noting that it equals
that haxful health effects from beach bonfires
te,,s are Cla lcarcinogens, the most dangerous
,*Ve ghboiW" ods are under siege, commented
at3 tjYat e only solution is to remove all fire
Roy Englebrecht, Parks, Beaches and Recreation Commissioner, commented. positively on City
Manager Kiffs repo : He discussed Council's Arior direction to the Parks, Beaches and Recreation
Commission regarding iirg m of fire rings%nd their subsequent action and consideration of
possible alteriiaq to reii5ovmg a h'of the xiqn;}�`. s „h He indicated that he discussed the possibility of
alternative lriel s, l�uttwas booed for Ei'A� suggestion. Mr. Englebrecht stated that the issue
was nq#'1about smoke heart ;_ He noted that he will be running for City Council in 2014 and
sta Atd'that, if he is elect he wilt`: lo.whatever it takes to ensure that the fire rings will be repaired,
replikG,d, and returned so at the ri llions of people that have enjoyed the fire rings for 50 years
Will ha11 chance to enjoy %em for another 50 years.
Dr. Edward OWeil, retired Professor of Environmental Health at the UCLA School of Public Health,
commented on tl. numberIf fire rings at Balboa Pier and stated that the health effects of these are
unacceptable beca e tlak_ y are unsafe and unhealthy. He urged Council to remember the
importance of the pe$ e,` health.
Belly Oh stated that Council should be concerned over potential litigation due to smoke exposure.
She addressed the number of people living on the Balboa Peninsula and wondered if Council is
ready to face the financial impacts of lawsuits from people who have been constantly exposed to
wood smoke. Ms. Oh stated that she and her family live with daily smoke in their apartment. She
spoke in favor of removing the fire pits in front of the Balboa Pier and commented on challenges
with enforcing the use of clean - burning fuels.
Joanna Oh presented testimony regarding smoke related to wood- burning fire pits. She urged
Council to eliminate wood - burning fire pits, believing them to be a public safety issue.
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Ian Mac Innes stated that he has not done enough research regarding the negative impacts of wood -
burning fines, but took issue regarding the amount of trash burned and left on the beach. He
commented on the possibility of using propane and Mayor Curry noted that it is not as safe as
natural gas.
Randy Pulson commented on a safe idea he developed called "cleanflame." He encouraged the
public to visit cleanflame.com to learn more about the product.
Ed O'Neil voiced support for eliminating the fire pits, believing that tl` are an incredible nuisance
to nearby residents in addition to being harmful to public health. `
Sean Torbelson, Long Beach, believed that the City should let tha, QMD be the experts on the issue
especially as it regards to health.
Barbara Peters noted that the recommendations rely,,a a spacing plait�!that the AQMD says does
not meet regulations. Further, they believe that Newport Beach is a con ous beach area. She
stated that she has never had the impression that f AQWD is looking for tb ty to keep as many
fire rings as possible and spread them out onie beagl She pointed out thati�i� AQMD's initial
.. },:
proposal was to ban all fire rings within the distir;;rie added that the only alternative to take the
carcinogens off the beach is to declare the fire ririgvs public nuisance and remove them all. She
noted that some Coastal Commission Members defer 6A to the AQMD at the public hearing last
March. She added that the Commissi ii" sked AQMD fo . vice and they got it. I£they do not like
it, it should not be the City's responsibiI aft. ". ,it. It is the try's responsibility however, to comply
with Rule 444. Aside from removing the2 , sh at fed that ti e dingle best thing Council could do,
would be to vote for 100 -foot spacing to ctrmply withe;;2ule an=the next best thing would. be to
move forward with alternative fuels. , "'y. -„
Elizabeth Shafer exp;assed sumpportfor the
replacing all wood -baYn ng fib rings with ,
effects of wood- burfuri fire rRigs, including
residents of the commay.,:,,:
alternative -fuel pilot project and suggested
fuels. She spoke about the serious health
She urged Council to consider the health of
Jim MosborAQreed" th6 %ity Manager fe'g> ding the contiguous beach area issue, noting that it
is the laid. He addrea. IT ,the issue of alternative fuels, adding that it would require a modification
". ».
of t haw. He comments_ ;about the use of charcoal in fire pits and believed that the City is having
>s
a p'rt- em because there has been a sence of education and enforcement. He also addressed the
t
lack of s" image in language other tharPEnglish.
Doug Swards xom, FriendE.Pof the Fire Rings, commented on a survey of Orange County and City
residents. He ,i{cated that the majority of residents do not believe that the fire rings should be
removed and did "ribt, agT-6 with Council's prior action to remove fire rings in City beaches or to
replace them with g1p4Yrning fire rings. In response to Mayor Curry's question, he believed that
the studies regarding tine effects of wood- burning fire rings are inconclusive and that Council should
wait until the studies are finished.
Jason Pitken believed that everyone should be more involved in the matter and that Council should
take into consideration how the citizens of Newport Beach feel about the issue. He stated that he
was shocked that the opinion of the World Health Organization was quoted and commented on
Council's claim of being environmentalists while, two weeks ago, it was against increasing recycling
diversion rates. He discussed global - warming conspiracy theories and rising taxes on docks, and
urged Council to listen to the people and. not rush into judgments.
Mayor Pro Tern Hill noted that he has been involved in this matter for years and stated that he
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City Council Minutes
November 26, 2013
would not describe it as a rush.
Melinda Luthin, Attorney representing Friends of the Fire Rings, stated that they have requested
judicial review of AQMD's rule regarding beach fire rings. She asked that, until the matter is fully
adjudicated, Council refrain from attempting to remove or enforce in any way, the burn rules. She
indicated that AQMD's decision was based on diesel fuel particulate matter which is incompatible
with wood smoke.
Dr. Edward O'Neil noted that the World Health Organization was not:riesponsible for the comment
on Class 1 carcinogens, but rather the International Agency for Reseah on Cancer (IARC).
Dr. Jack Larson stated that he is interested in clean air and coftiented on the photo presented of
Big Corona and the smoky conditions due to wood - burnin 1 ire y15r He reported that he is not
concerned about what organization does what, but he is qwD rned abo fthaving clean air to breathe.
Dan Leonard, President of the Breakers Drive Hai
statement that residents are using this as an excuse" tc
commented on the harmful effects of smoke fro. woo,
...
his neighbors have contracted and. have died of caYYee.
are a public nuisance and that absent that, Counc Ni
444. He added that residents welcome the design in: pits. He hoped that Council will adh411to the Rule,
public health a priority in making its des
iwpers Associatidi .emphasized that the
r eople away froe Q beach is false. He
arning fire pits and re ted that many of
e urged. Council to deterfiiine that fire pits
all the steps necessary to implement Rule
mentation of alternative -fuel burning fire
Dreg. the fire pits 100 -feet apart, and. make
Council Member Gardner acknowledged'ihe chalYVbgs. :involv"e`dl, in this issue and stated that
Council and the AQMD has tried to come up kith' d _romise and provide a chance to
experiment. She believe a -,the proposal`Iddres"ses health aspects while still providing fire pits.
She stated that she w l} 8 ppoi staffs recomr yg dations.
Council Member PetroS = commented on Council'sprior action to remove the fire rings and noted that
:r:
it was done by a different Chanel ^m He stated $that he is unconcerned about what the AQMD or
Coastal Commix 0 will ` '. ' ancY aEatod th t. _,%. believes in the fire rings and does not find the
U.. r,>
AQMD sL .. io h clu . e, However, o oted that this represents an earnest attempt at a
s:.
comprox�hse where tr�i�ons e maintained while cleaning them up. He stressed the need to
set;asfde the resources tonforceFexd educate the public, and indicated that he will be supporting
Council M'ihher Henn com_igiented on the number of fire rings to be removed, believing it is not
significant af�i` it will improWe quality of life. He pointed out the number of fire rings in Huntington
Beach and belies" d that tb proposed compromise is reasonable.
Council Member Se' ,Llxpressed concerns regarding the proposed location of the gas fire rings.
City Manager Kiff hoped that Council will give the direction to allow the flexibility for staff to place
fire rings in appropriate locations
Council Member Selich preferred keeping the alternative -fuel fire rings within the footprint of
existing fire rings. He wondered regarding the benefit of larger, group fire rings and stated that he
would like to see a study regarding retrofitting existing fire rings to meet the requirements of the
Demonstration Project.
Mayor Pro Tern Hill believed that this is a local issue and that the AQMD and Coastal Commission
should stay out of it. He noted that the issue has been discussed for years, commented on the
outlaw of wood - burning fireplaces, and stated that the health issues are real. He agreed with trying
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City of Newport Beach
City Council Minutes
November 26, 2013
something new relative to alternative -fuel fire pits and believed that there is nothing wrong with
experimenting. He indicated that he will support staffs recommendations.
Mayor Curry agreed that this has become a proxy fight and at the end of the day, Council is judged
by how well it takes care of all of the citizens. He reiterated the elements of the three-part plan.
Council Member Henn suggested getting more information about including the plumbing into
existing fire pits for the Demonstration Project to convert them into natural gas and the associated
costs. ._.-
Motion by Mayor Curry, seconded by Council Member Henn to direct staff to take the
necessary steps to follow the Air Quality Management Districyl.'':(AQMD) Rule 444, including, but
not limited to: 1) spacing wood - fueled rings at a minimum ofAV frdi4;each other while retaining the
same overall footprint within which sixty (60) rings ar r �ocated tff_ y; 2) limiting the type of
material burned in wood - fueled rings to natural firewood and/or low -sit pke burning logs, provided
that the City staff reviews and approves the type of firewood or low'-win burning lags; 3)
authorizing the City staff or a vendor to provide:' -`for th%- ale of the natur'U mu•ewood and/or low
smoke burning logs in locations proximate tg he retwlil -fueled fir6j ngs, along with
appropriate enforcement and supervision; 4)' ilxddliiP on to the 27 natural wo8`d_ =' burning rings,
'.�
participating with the AQMD in reviewing, permittii„ installing, and supervising any alternative-
'
fuel fire ring demonstration project at -the Balboa Pit4area (Phase I) and/or the Corona del Mar
State Beach area (Phase II), provided ' "afety concerns e addressed to the City's satisfaction; 5)
authorizing the Mayor to enter into ';''g cement assod?,ged with the AQMD Demonstration
Project; 6) providing for the appropriate rk les,rdations, enfocement and supervision of Items #2
- #4 above; 7) seeking permit approval by ;the CaIT0" Coastftommission or any other agency
(where applicable); and 8) taking any other hetion cok?sistefr i . th the above approach.
The motion carried by t llving roll call vp
Ayes: Council Metier Garner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Memtz:Selic)Council MembeEHenn
Absent:CounczlMembergja -
tam
XIX. MOTIONS FOWRECONSTIERAII9N -None
XX. ADJOUR' NT - Adjourned t 9:39 IPJ* in memory of Lucille Kuehn
Recording Secretary
Mayor
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City of Newport Beach
City Council Minutes
November 26, 2413
City Clerk
Volume 61 - Page 388