HomeMy WebLinkAbout04/08/2014 - Regular MeetingCity Council Minutes
Regular Meeting
April 8, 2014 - 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:31 p.m.
A. 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); Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach Police Association (NBPA); Newport Beach Police Management Association
(NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -
Time Employee Association of Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(a))
Pacific Shores Properties, LLC, et al. v. City of Newport Beach
Newport Coast Recovery, LLC, et al. v. City of Newport Beach
United States District Court, Central District Case Nos. CV08- 00457 -JVS (RNBx) & CV09- 00701-
JVX (RNBx)
United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
VI. CLOSED SESSION REPORT
City Attorney Aaron Harp stated that no reportable actions were taken during Closed Session.
VII. PLEDGE OF ALLEGIANCE - Council Member Gardner
VIII. INVOCATION - Council Member Curry
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City Council Regular Meeting
April 8, 2014
IX. PRESENTATIONS
Proclamation for "National Library Week"
Mayor Hill presented a proclamation to Library Services Director Tim Hetherton in honor of National Library
Week.
Library Services Director Tim Hetherton expressed his appreciation and commented on the importance of
libraries in the community. He distributed a handout of information to City Council of upcoming events and
programs.
MADD Deuce Awards
Sherri Galindo, Volunteer with the Orange County Chapter of Mothers Against Drunk Driving (MADD),
honored six Newport Beach Police Officers for their efforts in apprehending drunk drivers in the City and was
presented with the MADD Deuce Award. These included Officer Rains, Officer Vincelet, Officer Farris, Officer
Hume, Officer Morouse and Officer Schuster.
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 the Balboa Village Merchants Association monthly meeting and
commented positively on the process noting that over 20 people attended this meeting and commented on the
support of Visit Newport Beach. He stated that discussion took place regarding the Newport to Ensenada
Sailing Race and announced a Kick -off Fiesta on Sunday, April 13, 2014, from 11:00 a.m. to 4:00 p.m. in Balboa
Village. Additionally, he announced a Mayor's reception on April 24, 2014, from 5:00 p.m. to 6:30 p.m. at the
Marriott at Fashion Island and the race will begin on Friday, April 25, 2014, between 10:30 a.m. and 2:00 p.m.
In addition, Council Member Henn announced a meeting of the Balboa Village Advisory Committee (BVAC) on
April 9, 2014, at ExplorOcean at 4:00 p.m., commented on the 74th Assembly District race where former Mayor
Keith Curry is a candidate and announced that Speak Up Newport is holding a candidate forum on April 9,
2014, at 5:30 p.m. in the Community Room. He urged the public to attend and show their support.
Council Member Gardner announced a meeting of the Water Quality /Coastal Tidelands Committee on April 8,
2014, at 3:00 p.m. in the Newport Coast Room and a meeting of the City Arts Commission on April 8, 2014, at
5:00 p.m. in the Friends of the Library Room. Additionally, she requested the issue of street sweeping be placed
on a future agenda. She added that there is a three hour window that takes up a lot of the City's parking and
asked regarding the possibility of "fine tuning" the schedule.
Council Member Petros commented on events in the Library during National Library Week and announced that
he will be participating in a reading on Monday, April 14, 2014, at 7:00 p.m. at the Central Library, and
encouraged the public to attend.
Mayor Pro Tern Selich announced an update on the Land Use Element Amendment Advisory Committee on
April 10, 2014, in the Community Room from 6:00 p.m. to 9:00 p.m. which will provide opportunity for residents
to learn about the proposed changes to the Land Use Element.
Mayor Hill reported on the recent grand opening of Sessions Sandwiches and encouraged residents to try it out,
reported speaking at the recent kick -off of the Youth Track Meet of Champions at Corona del Mar High School
and commented positively on the event.
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XII. PUBLIC COMMENTS ON CONSENT CALENDAR
City Manager Kiff requested continuance of Item No. 9 (Temporary Employment Agreement) and clarified that
the dollar amount under Item No. 14 (Victor P. Caliva Trust Donation) should be up to $62,000.
Jim Mosher commented on Item No. 8 (Central Parking System) and suggested a review of the program to date.
Regarding Item No. 10 (Professional Services Agreement with George H. Eiser, III of Meyers, Nave, Riback,
Silver & Wilson for Newport Beach Municipal Code Title 20 and Other Hearings), he stated that there is no
statement of his ever having served as a hearing officer and hoped that Council would inquire as to the matter.
Additionally, he commented on Item No. 14 regarding the proposal to redirect the donation to the Friends of
OASIS and suggested that the City reviews the requirements of the trust.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the March 25, 2014 Regular Meeting [100 -2014]
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct City Clerk to read by title
only.
B. ORDINANCE(S) FOR ADOPTION
3. Adoption of Ordinance No. 2014 -8 Amending Newport Beach Municipal Code
Subsection 17.60.030(A) Relating to Residential Pier Permits (C -5779) [381100 -2014]
Conduct second reading and adopt Ordinance No. 2014 -8, An Ordinance of the City Council of
the City of Newport Beach Amending Newport Beach Municipal Code CNBMC') Subsection
17.60.030(A) Relating to Residential Pier Permits.
Mayor Pro Tem Selich recused himself from this item since he owns a residential pier.
C. RESOLUTION FOR ADOPTION
5. Adoption of a Resolution for the Reporting of Employer Paid Member Contributions
for the California Public Employees' Retirement System [100 -2014]
Adopt Resolution No. 2014 -28, A Resolution of the City Council of the City of Newport Beach for
Employer Paid Member Contributions, to properly record the Employer Paid Member
Contribution for employees in the following Miscellaneous groups: City Employees Association,
Professional and Technical Employees Association, Employees League, the Key & Management
group, and the Part -Time Unit.
D. CONTRACTS AND AGREEMENTS
West Coast Highway Landscape Improvement Project— Approval of a Professional
Services Agreement with Nuvis Landscape and Planning (C -4851) (CAP14 -0017)
[381100 -2014]
a) Approve a Professional Services Agreement (PSA) with Nuvis Landscape and Planning of
Costa Mesa, CA for West Coast Highway Landscape Improvement Project for Landscape
Architecture and Engineering design services at a not -to- exceed price of $412,868.00, and
authorize the Mayor and the City Clerk to execute the Agreement; and
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b) Approve Budget Amendment No. 14BA -040 appropriating $413,000 from the
unappropriated General Fund balance to CIP Account No. 7013- C2002071.
Lifeguard Headquarters Rehabilitation - Approval of Amendment to the Professional
Services Agreement with RRM Design Group (C -5130) (CAP12 -0008) [381100 -2014]
a) Approve Amendment No. 2 to the Professional Services Agreement with RRM Design Group
of San Clemente, California, to provide additional architectural and engineering services for
Lifeguard Headquarters Rehabilitation for a not -to- exceed cost of $30,170.00, and authorize
the Mayor and City Clerk to execute Amendment No. 2; and
b) Approve Budget Amendment No. 14BA -039 appropriating $30,170.00 from the
Unappropriated Major Facilities Financing Fund Account to Account No. 7414- C1002037.
8. Amendment to Central Parking System Agreement to Add Not -to- Exceed Payment
Amounts, Clarify Corona del Mar Parking Lot Personnel Hours, Clarify Pay Station
Removal Responsibilities and Revise Central Parking System's Bonus Amounts (C-
4767) [381100 -20141
Approve the Amendment to the Central Parking System (CPS) Agreement, and authorize the
Mayor and City Clerk to execute the Amendment which would provide for the following:
a) CPS shall provide personnel at the CdM Parking Lot every weekend from 6:00 a.m. to 7:00
p.m. and every weekday projected to be 70 degrees or higher from 6:00 a.m. to 7:00 p.m.;
b) In the event the City requests removal of any pay stations during the term of the
Agreement, CPS shall remove such pay stations without charge to the City;
c) Add the following not -to- exceed amounts for the management of the Corona del Mar
Parking Lot and the Balboa Parking Lot (collectively, the "Parking Lots "):
2014 March $27,000
April $29,000
May $32,000
June $36,000
July $46,000
August $46,000
September $33,000
October $32,000
November $26,000
December $28,000
2015 January $26,000
February $26,000
The not -to- exceed amounts after February 2015 shall be increased by CPI or by 3 %,
whichever is less.
d) Should the City elect to remove the Palm St. Lot from the CPS Agreement Scope of Services,
CPS shall receive its bonus if net revenues exceed $3,212,000 each year.
9. Temporary Employment Agreement (C -5788) [381100 -20141
Authorize the City Manager to execute the Temporary Employment Agreement with retired
employee Kay Sims to fill the position of Assistant Planner until the regular employee returns
from maternity leave. This item was continued to April 22, 2014.
10. Professional Services Agreement with George H. Eiser, III of Meyers, Nave, Riback,
Silver & Wilson for Newport Beach Municipal Code Title 20 and Other Hearings (C-
5789) [381100 -20141
Authorize the Mayor to execute an agreement with Meyers, Nave, Riback, Silver & Wilson for
hearing officer adjudication services, with a not -to- exceed compensation amount of $125,000.
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11. Approval of Side Letter Amending the 2012 - 2014 Memorandum of Understanding
Between the City of Newport Beach and the Newport Beach Police Management
Association (C -2932) [381100 -20141
Approve the Side Letter with the NBPMA (Attachment A to the Staff Report) to:
a) Reduce the ceiling of the July 1, 2014, cost -of- living adjustment from 2.5% to 2.0 %;
b) Require new employees hired under Tier III (PERS 2.7 % @57 formula) to participate in the
cost share agreement and contribute the same as employees in Tiers I and II;
c) Eliminate the reopener clause for the Classification and Compensation study; and
d) Adjust the 2013 Cost -of- Living Adjustment (COLA) and adjust the PERS contribution.
E. MISCELLANEOUS
12. Planning Commission Agenda for April 3, 2014 [100 -20141
Receive and file.
13. Installation of Corona del Mar Bicycle Racks by the Corona del Mar Business
Improvement District 1100 -2014]
a) Authorize installation of up to fifty (50) Bicycle Racks within the Public Right of Way in
Corona del Mar by the Corona del Mar Business Improvement District;
b) Accept the installed bicycle racks as Public Property; and
c) Authorize the Corona del Mar Business Improvement District to maintain and repair the
bicycle racks as needed.
Council Member Gardner recused herself from this item because some of the proposed
bicycle racks may be within 500 feet of her residence.
14. Victor P. Caliva Trust Donation [100 -20141
Authorize the City Manager to direct the donation from the Victor P. Caliva Trust to the
Friends of OASIS, Inc., and to sign any necessary documents associated with the direction of the
donation.
Motion by Mayor Pro Tem Selich, seconded by Council Member Council Member Curry, to
approve the Consent Calendar (Items No. 1 through 14) with the exception of pulled Item No. 4; noting
the recusal by Council Member Gardner on Item 13 and Mayor Pro Tem Selich's recusal on Item 3;
amended Item No. 14 up to $62,000; and the continuance of Item No. 9.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
4. Adoption of Ordinance No. 2014 -7, Amending Chapter 6.04 of the Newport Beach
Municipal Code Relating to Solid Waste Collection [100 -20141
Council Member Gardner noted her prior concerns regarding adding language that would give flexibility to
Code Enforcement in terms of someone who has no space in their garage to store waste containers. She
reported receiving emails from residents on the matter and asked regarding the possibility of taking a second
look at it.
Motion by Council Member Henn, seconded by Mayor Pro Tem Selich to adopt Ordinance No. 2014 -7,
An Ordinance of the City Council of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal
Code Relating to Solid Waste Collection and Disposal.
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The motion carried by the following roll call vote
Ayes: Mayor Hill, Mayor Pro Tern Selich, Council Member Curry, Council Member Daigle, Council
Member Gardner, Council Member Henn, Council Member Petros
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Diana Blaisure referenced a handout she distributed earlier showing a curb along Mar Vista at the west end of
Corona del Mar High School. She reported that upon construction of the nearby school, street sweeping signs
were removed from that side of the street in order to create more parking. She asked who is responsible for
cleaning that side of the street and asked that they be encouraged to clean it noting that debris has been there
for a long time.
City Manager Kiff stated that City staff will follow up on the matter.
Additionally, Ms. Blaisure commented on a recent proposed stadium meeting and inquired on possible
unapproved activities that go on in the area during weekends and after school.
City Manager Kiff directed her to contact Laura Detweiler, Director of Recreation and Senior Services for
information.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros reported on a recent meeting of the Bicycle Master Plan Oversight Committee and that
discussion took place regarding the multi -use status of the Back Bay Trail. He added that the Newport Bay
Conservancy submitted a letter with concerns about the safety of their programs in terms of other uses that go
on in the Back Bay Trail, and reported that a subcommittee was formed to look into the matter and encouraged
interested residents to follow the City website for information.
XVII. PUBLIC HEARING
15. 191 Riverside Land Use and Zoning Amendments (PA2014 -210) [100 -20141
Community Development Director Kimberly Brandt introduced the item and deferred to staff for a report
Planning Manager Alford presented details of the report addressing location, current zoning and proposed
amendments. He pointed out that no development is proposed at this time and that current uses would
continue with the allowance of commercial uses, including a potential mixed -use project. He addressed the
project site, existing conditions, surrounding area, and potential impacts to Cliff Drive Park, issues associated
with the project, recommendations and next steps.
Michael McAllister, Gensler Architecture, confirmed that the owner has no plans for development of the
property currently, but is simply asking for rezoning from a public facility to a mixed -use facility.
Council Member Curry reported receiving emails regarding this matter and that the owner has decided not to
renew the lease of the U.S. Post Office.
Mr. McAllister indicated he is not aware of that fact.
Council Member Daigle commented on the mix of potential uses and asked regarding the density allowed if
there was residential development in the area.
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Planning Manager Alford reported there is a potential for 16 dwelling units. He added that if it were to be
developed vertically, it would have to comply with the height limit requirements in the area which is a
maximum of 35 -feet. He stated that without an actual plan it is difficult to determine the configuration, and
that a mixed -use project would require a site development review which requires Planning Commission
approval.
Council Member Curry read a letter received from the U.S. Postal Service into the record, stressed that the City
has nothing to do with the displacement of this Post Office, and that this is an issue between the landlord and
his tenant.
In response to Mayor Hill's inquiry, Planning Manager Alford stated that if the new zoning is adopted, it would
allow for Postal Service activity.
Council Member Petros stated that while the Postal uses could remain, there are many more attractive uses in
a mixed -use setting that would provide for many other opportunities for the property owner.
In response to Mayor Pro Tom Selich's inquiry regarding whether commercial and mixed -uses were considered,
Planning Manager Alford stated that what was reported is what the applicant proposed.
Mayor Hill opened the public hearing.
Jim Mosher believes the Postal Service letter suggests that the applicant has other plans for the building,
commented on the General Plan, residents' vision for the City, stated that residents wanted the property to be a
Post Office and suggested the landlord place another public facility in the site.
Hearing no further testimony, Mayor Hill closed the public hearing.
Council Member Petros commented on the number of emails about this issue adding that they have pointed at
Council and the City as having instigated it. He stressed that the General Plan is an expression of the will of
the people and that to change it is a discretionary action requiring Council to decide whether a certain matter
better reflects the will of the people. Due to numerous comments received from residents, he reported that he is
unable to make that conclusion. He added that while the applicant does not have a project, they hired one of
the preeminent architectural firms in the state to represent them noting that is indicative that there are plans
afoot to make a change which speaks to the incremental piecemealing that is before Council. He cannot
support the recommendations because the people want to have the public services, addressed potential parking
and traffic impacts and stated that he is unable to agree with the findings. He asked Council colleagues for
their support in denying the application.
Motion by Council Member Petros, seconded by Council Member Cures to deny the application.
Council Member Gardner noted that Council can determine that it be a public building but cannot require the
property owner to renew the lease with the Postal Service. She suggested reconsidering the matter if the Post
Office is able to find another location to move to.
Council Member Petros indicated he cannot support that suggestion.
In response to Council Member Daigle's comment on traffic impacts, Public Works Director Webb acknowledged
challenges with traffic at the intersection and added that the matter could be resolved by widening the street.
Mayor Hill expressed concerns that Council is being asked to expand the zoning without any idea of the kind of
potential project they are seeking. He would feed more comfortable if they presented a project and asked for the
appropriate compatible zoning for that project.
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Council Member Petros stated that if the applicant came forward with a project that included a public facility to
maintain a Post Office or if there were a resolution of another site for a Post Office, there would be the potential
for an amicable solution but at this point there is too much uncertainty.
City Attorney Harp suggested that if Council is recommending denial, they continue the item so staff can
prepare a proper Resolution to include all of the requisite findings for denial.
Community Development Director Brandt suggested that an additional option would be asking the applicant if
they would consider withdrawing the application at this point and asking for a specified time for the
continuance to address some of the issues raised by Council. The other option is to deny it, but staff would like
to prepare a Resolution to that effect.
Council Member Henn suggested proceeding with the motion but asking staff to return with the appropriate
findings as suggested by the City Attorney.
City Attorney Harp indicated it is best to set forth Council's reasoning in a Resolution as opposed to denying the
item outright.
Amended Motion by Council Member Petros seconded by Council Member Curry to continue this
matter to the next City Council meeting and direct staff to prepare a Resolution denying approval of the
request.
The motion carried by the following roll call vote:
Ayes: Mayor Hill, Mayor Pro Tern Selich, Council Member Curry, Council Member Daigle, Council
Member Gardner, Council Member Henn, Council Member Petros
XVIII. MOTION FOR RECONSIDERATION -None
XIX. ADJOURNMENT — 7:59 p.m.
The agenda for the Regular Meeting was posted on the City's website, on the City Hall
Electronic Bulletin Board located in the entrance of the City Council Chambers at
100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the City
Council Chambers at 100 Civic Center Drive on April 3, 2014, at 4:00 p.m.
Recording Secretary
Mayor
City Clerk Z oaN"
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