HomeMy WebLinkAbout01 - 11-23-2010 - MinutesAgenda Report 111
December 14, 2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
November 23, 2010 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, r Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, cil ber Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
Regarding Item 6 (Local Signal Synchr6ft*tipn Plan for Measure M2 F6#mg Eligibility),
Mayor Pro Tem Henn asked staff to verify`'ithat the plan will not result in any additional
obligations on behalf of the City.,'_•
In response to Council Member 's question ding Item 4 (Adoption of the 2010
California Building Codes), City Wage clarified t the wood roof issue is a separate
issue. In response to her questi regar m 11 rmination of Corona del Mar
Concession Agreement), City Mana r Kill he City is not paying Fuji Grill to
terminate the lease' discussed th 'te hat the allowed the owner to remove from
the location. „214
2. DOCK RE
line.
k se to Coui
nfiguration
ated that
g dredging
the proper(;
project line,
TION AT 2901VI EST COAST HIGHWAY.
:ntation that included the history of the dock,
project process, marina benefits, pier head line,
1 quest'' % Harbor Resources Supervisor Levin stated that the new
iminate 2 feet of the current overhang. Harbor Resources Manager
Federal Government only prohibits projection into the project
ojects, reported that the commercial lease will be included as a special
there is adequate parking to accommodate the project, noted that
I be the lessee and dock applicant, and explained how the Federal
and project lines are calculated.
Mayor Pro Tem Henn requested more information, suggested that staff provide survey
information that includes the number of large private and commercial boats, asked
for the number of boats in the Harbor that are currently piercing the project line, and
expressed concern for setting a precedent that could be applicable in other areas of the
Harbor. He also stated that the lease should be based on the highest and best use.
Council Member Webb expressed concern that large boats will overrun the water.
Mayor Curry believed that large charter vessels should be accommodated, stated that the
applicant has worked with staff in a fair and effective way to improve the Harbor,
and believed that Mariner's Mile is an adequate location for such a project.
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City of Newport Beach
City Council Study Session
November 23, 2010
City Manager Kiff stated that the two issues are the boats protruding past the project line
and boat sizes.
Robert Lansbury, applicant, stated they are working hard to comply with the requests from
staff.
John Corrough stated that there are currently over 360 vessels that protrude over the project
line, noted that there are no size limit for vessels, and provided b t statistical information for
the Harbor. Mayor Pro Tem Henn suggested that the statistlginformation provided by Mr.
Corrough be verified by City staff. „-
Karen Rhyne, Harbor Commission, stated that there
of the current rule and suggested that the City At
issue. JAI
In response to Council Member Daigle's
that the Harbor Area Management Plan,
framework to change the project lines.
Ralph Rodheim suggested that the project be
issue and project line. He beliew"at large
City Manager Kiff invited re
Commission about the overhang
In response to
will take the H
Council
Council
Member i
d concern
Mayork o Tem H
Commis about
should pro leg
information.
and
that are currently in violation
kph laws that pertain to this
3esources nager Miller stated
harbor lines. a also provided a
into two phases to address the overhang
e a safety issue.
to staff and the Harbor
A line.
it Reso Manager Miller stated that staff
into consideration.
that thHarbor lines he changed to accommodate the boats.
that the Harbor Commission should evaluate the issues
that the City should not allow violation of the project line,
projects, and noted that moving the project lines will result
stated that he would like a better understanding from the Harbor
policy issues, believed that the Office of the City Attorney (OCA)
put, and noted his reluctance to approve the project without more
Council Member Rosansky believed that the issue is the boats and not the project line,
and suggested that the City revisit the overhang rule in general.
In response to Council Member Selich's question, Harbor Resources Manager Miller stated
that warning letters were sent to current boat owners whose sizes are exceeding the
allowance limits.
Mayor Pro Tem Henn, Council Member Selich, and Council Member Rosansky agreed that no
penalization should be given to the applicant until the City reaches a resolution.
Webb expressed concern about the number of boats in the Harbor during recreational events
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City of Newport Beach
City Council Study Session
November 23, 2010
3
Mayor Curry believed that the boats should be accommodated and agreed that the Harbor
Commission should assist with a solution.
LIDO VILLAGE CONCEPTUAL PLANNING.
Tim Collins, Consultant, utilized a PowerPoint presentation that included the project's goals
and objectives, maps, photos, key points, constraints, community feedback, visioning, building
alternatives, project timeline, and the next steps.
Todd Larner, WHA, utilized a PowerPoint presentation
understanding the site, recognizing opportunities, photos, and
Richard Gallas discussed the land use, housing,
lease, and reconfiguration of the Marina.
In response to Mayor Pro Tem Henn's
the site do not result in any of the stal
Mr. Collins provided a summary observai
existing configuration of the area shows a
resolved in the plan.
Council Member Gardner expr
disapointment that there was a
Gallas stated
included information on
history.
parking, ground
four alternatives for
mg that the study has d mined that the
deficit and noted that the arkine deficit is
a wellness center and expressed
ed to the City Hall site.
Council Member Selich believed tha the 'ves ght not be the best use for the
site and that the idea imaging ncern about the proposal for Via
Lido, parking on N Boulevard, a wellness center.
Mayor Pro He asked the parking demand between tour boat
requirements ver} ,s no ur boats. Hthe tour boat use that is incorporated in
the plan was elimin`d ; opom for creativity will be provided.
se to ( cil M` ber Daigle's question, Mr. Gallas stated that the highest potential
the land. tes t using and a hotel in a mixed use setting.
7anated il Member Rosa ky belieed that the City needs to preserve the property for civic uses
that the al idea was innovative. Council Member Selich agreed that the canal
e a great pu 'c space in the City.
Batle elieve that the timeline provided for the project is too short, stated that the
heeds e ' agination, and expressed support for a police substation at the City Hall
Steven Flanders expressed concern about parking in the area and believed that the fire
station should not be moved.
Willie asked Council to allow him to present a plan for the area that will generate revenue
for the City.
George Schroeder expressed support for adding a canal and believed that a police substation
would minimize crime in the area.
Bob Rush believed that a wellness center does not reflect the best use of the area and stated
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City of Newport Beach
City Council Study Session
November 23, 2010
that senior housing is not needed in the area.
Dave Olsen, Via Lido Drug Store, believed that the ideas need to be more concrete and stated
that the proposed plan does not consider current businesses.
Jim Miller thanked Council for their concerns for the project and stated that the canal is a
good idea that will beautify the area.
Denys Oberman believed that the area needs an anch/facilhit hat is conce rned with the
beauty, access, and maintenance of the coastal area.
Mary Pryor believed that the area needs something exci pressed support for a hotel
in the area.
Mayor Pro Tem Henn announced that the issue Will be heard oth meetings in January
and stated that staff will consider all commentsade. He beheved t the City Hall site and
Via Lido properties should be linked togethe,6shioted that the City doe t have the luxury of
unlimited time, and stated that a plan is �kded so ptC so that the opportu is not lost.
4. BALBOA YACHT BASIN RATES.i
IV. ADJOURNMENT-
The agenda for
Hall Bullet'
-City Clerk
indefinitely.
Council received a letter
Council that the Newport
acil accept and support a
November 17, 2010, at 3:15 p.m. on the City
'Newport Beach Administration Building.
Recording Secretary
Mayor
Volume 59 - Page 637
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
November 23, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 6:03 p.m.
A. Conference with Leeal Counsel -
(a)): One matter:
City of Newport Beach o. Back Bay
30- 2010- 00385190
B. Conference with Leeal Counsel - Ai
(Government Code $ 54956.9(b)): Two
1. Potential litigation reg tcar
Commission for brush Development Permit on
2. Potential litig on over raisin m
C. Conference with °"��Neeotiators�l
Human
County SiJftrior Court Case No.
of nobµ` , of violation from California Coastal
IegedlySng performed without a Coastal
Park pio rty prior to City ownership.
fees the,harbor.
of Avery & Associates and Terri Cassidy,
Em r atio ewport 8-eaWity Employees Association (CEA); Newport Beach
P essional and hnic mployees Association (Prof- Tech); Fire Management Association
MA); and Newpo each loyees League (NBEL)
D. is Em to ee P formanc Evaluation Government Code § 54957(b)(1)):
The Council w' meet in closed session to consider the appointment, employment,
evaluatio perform ce, discipline, or dismissal of one public employee.
Title: City At y
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt stated that there was no reportable action taken; however, reported that Council
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City of Newport Beach
City Council Minutes
November 23, 2010
Member Webb will be recusing himself when the mooring issue is discussed tonight (Item 19) and
stepped out when discussions occurred relative to potential litigation over raising mooring fees within
the harbor (Item II.B.2).
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION - Mayor Curry
IX. PRESENTATIONS
Presentation from the Orange County Human Relations Council
Ellen Olshansky, Orange County Human Relations Council, vided the annual report and
presented Mayor Curry with a certificate.
Presentation on 1st Battalion, 1st Marines (1 /1) Foul} ion Upco Events
Krysztina Scheeff, Lieutenant Colonel Craig Wonson d d Se eant Major Jo an Henry provided
the history of 1st Battalion, 1st Marines, thanked the Cityits residents fora eir support, and
invited everyone to attend Mess Night on January''''IR at.tg'e Balboa Bay Club an ticipate in the
Beach Challenge on January 22 at 8:00 a.m. (949 -3850 for information).
2.
X. NOTICE TO THE PUBLIC -
XI. CITY COUNCIL ANNOUNCEMENTS TTF.R.. WH4W (7(TTTNCTT. MF.MRF.T2G WOULD
-�- � V1Y lYlJl V1Y1
DISCUSSION ITEM)
Mayor Pro Tem Henn repaft that Visit Beach r its that tourism and Transient
Occupancy Tax (TOT) is OPI100 will be co cting business seminars on January 22; there was
a ribbon cutting for thed e Ch I I nnel docks t orning, the tsunami warning siren ribbon cutting
ceremony will be condudl�et( on D her 6; and th 102nd Annual Boat Parade will be held December
15 -19. A�
Council Me fere d the plane t,,.*ji that occurred in the bay and discussed current
emergen rocedures an erati . 1 plans
Coun ember Gardner orted t" t the Corona del Mar Christmas Walk will take place
on Dece 5 from 11:00 a. to 4:00 . She also announced that the Bicycle Safety Committee
will have its t meeting on D ember 6 at 4:00 p.m. in the Fire Conference Room.
Council Member bb anno ced that he walked his last mile on Saturday, December 9, and
displayed a map of 2010 alk. He thanked all the residents who assisted him in getting into the
gated communities an wife, Jan, for accompanying him.
Mayor Curry announced that a ribbon cutting ceremony will take place on November 30 to
commemorate the completion of the San Miguel/MacArthur Boulevard widening. He commended the
Civic Center and Park Project financing team and highlighted the savings that the City will realize
due to their hard work.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE REGULAR MEETING AND STUDY SESSION OF
NOVEMBER 9, 2010. Waive reading of subject minutes, approve as written, and
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City of Newport Beach
City Council Minutes
November 23, 2010
order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct City Clerk to read by title
only.
B. ORDINANCES FOR ADOPTION
A
3. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF
TITLE 7 OF THE NEWPORT BEACH MUNICIPAL ' ODE PERTAINING TO
ANIMALS PROHIBITED ON PUBLIC BEACHES 100 -2010] Conduct second
reading and adopt Ordinance No. 2010 -25 to ame ection 7.04.030, of Title 7 of
Newport Beach Municipal Code, pertaining to An' is Prohibited on Public Beaches,
as follows: a) "Oceanfront Beaches" - than e ent hours that animals are
prohibited on oceanfront beaches from 9:00 g . to 5:00 to 10:00 a.m. to 4:30 p.m.
year- round; b) "Harbor/Bay Front Beach' current ho will remain prohibiting
animals from 9:00 a.m. to 5:00 p.m.; c1;hhat the City Counc roves changing the
term of "Community Services Depament" ''the current na f "Recreation and
Senior Services Department;' ant d) that the City Council approv anging "guide"
dogs to "service" dogs as defined un'd @x t1i American with Disabilitie ct (ADA) so as
to include all service dogs that assist th'isabled.
a�
4. ADOPTION OF THE CALIFORNT '- BUILDING CODES. [100 -2010] a)
Conduct second reading a Ordinance 2010 -23 relating to adoption of the
2010 California Building es Is amendments; and b) adopt Resolution
No. 2010 -127 setting forth fi' ings for rmsedimendments.
5. APPR,IVAL OF RESO ION ADOPTING A SUPPLEMENTAL
ME DU OF UNDER ANDING (MOU) BETWEEN THE CITY OF
NE Y BFCH AND TH NEWPORT BEACH FIRE MANAGEMENT
ASS IATQt ); D ADOPTION OF RESOLUTION
a EN G A TIME -IN -GRADE EXCEPTION (C- 2946).
[381100- J a dopt Resolution No. 2010 -128 adopting a Supplemental MOU
between t City ewport Beach and the Newport Beach Fire Management
Association FMA),, tending the term to December 31, 2011; and b) adopt
Resolution N 2010 -12 5 plementing a Time -in -Grade Exception for newly hired
employees, eff tive the date of adoption of the resolution.
6. PT A R SOLUTION FOR LOCAL SIGNAL SYNCHRONIZATION PLAN
FO EAS E M2 FUNDING ELIGIBILITY. [100 -2010] Adopt Resolution No.
2010- a roving the Local Signal Synchronization Plan for the City of Newport
Beach in er to maintain Measure M2 funding eligibility as defined by the Orange
County ransportation Authority (OCTA).
D. CONTRACTS AND AGREEMENTS
LIDO ISLE PAVEMENT REHABILITATION PHASE II - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4385. [381100 -2010] a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion; b) authorize the City
Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code; and c)
release the Faithful Performance Bond one year after Council acceptance.
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City of Newport Beach
City Council Minutes
November 23, 2010
E.
8. NEWPORT COAST COMMUNITY CENTER AUDIO - VISUAL EQUIPMENT -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4139. [381100 -20101
a) Accept the completed work and authorize the City Clerk to file a Notice of
Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35
days after the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code; and c) release the Faithful Performance Bond one year
after Council acceptance.
9. 2010 -2011 SIDEWALK, CURB AND GUTTER RECONSTRUCTION PROJECT -
REJECT ALL BIDS FOR CONTACT NO. 4561. /100 -20101 a) Reject all
received bids for Contract No. 4561; and b) direc taff to clarify the contract
documents and re- advertise the project for bids.
10. FISCAL YEAR 2010 -2011 STREETLIG R CEMENT PROGRAM -
APPROVAL OF PROFESSIONAL SE I ES AG MENT WITH JMDIAZ,
INC. (C4693) [381100 -20101 Approve ; °a Professional vices Agreement with
JMDiaz, Inc. (JMD) of City of Industry, California, for d and construction
support services at a not -to -exceed fee of $,840.00, and auth e the Mayor and
City Clerk to execute the Agreement
11. TERMINATION OF CORONA DELM MAR CONCESSION AGREEMENT (C-
4017). [381100 -20101 uthorize the Manager to execute a termination
agreement based on the described wit
,q 'nag
staff report.
12. AGREEMENT WITH OR G NTY S%,IPING SERVICES, INC. FOR
STRIPING AND SIGN I TALL A SERCES (C4694). [381100 -20101
Approve an agreement with 0% nge C y g Siervices, Inc. to provide striping
and sign ins*,I *ion services r t (2) years h an option of three (3) one -year
extension t y
13. APP R1L O REPAIR SERVICES AGREEMENTS WITH: DOTY BROS.
CONSTRUTI COMPANY; -GCI CONSTRUCTION, INC.; VALVERDE
TRU� ;. D W. . RASIC CONSTRUCTION COMPANY, INC.
ER��OUND U Y < �' REPAIR SERVICES (C- 4695). [38/I00 -20101
Approve (4) ��` Service Agreements with: Doty Bros. Construction Company;
GCI Constr tion�� Valverde Construction, Inc.; and W. A. Rasic Construction
Company, In and aut�x�rize the Mayor and City Clerk to execute the agreements.
14. NNING OMMISSION AGENDA FOR NOVEMBER 18, 2010. [100 -20101
Re and a written report.
15. EXCEP TO COUNCIL POLICY B -8 (BIKE, FOOTRACE, AND SURF
CONTE EVENT POLICY) - PACIFIC COAST TRIATHLON. [100 -20101 a)
Authorize Pelican Coast Events, organizers of the Pacific Coast Triathlon to hold a
sprint - distance triathlon in the Crystal Cove area within the Newport Beach city
limits provided that the event is after Labor Day weekend as an exception solely to
Council Policy 13-8's prohibition of events during June 15 to September 15; and b)
authorize this exception for the next five periods (2011, 2012, 2013, 2014, and 2015),
revocable at any time by the City should the event not be managed correctly.
Motion by Mayor Pro Tem Henn, seconded by Council Member Rosanskv to approve the
Consent Calendar.
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City of Newport Beach
City Council Minutes
November 23, 2010
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that she was appointed to the Airport La s Commission.
Council Member Gardner discussed the joint meeting of the Ha r °r Commission and Planning
Commission, and the benefits of these commissions working toget
Mayor Pro Tern Henn reported on the Economic Develo ent Co 'ttee (EDC) meeting and
indicated that the City is included in Southern California ociation of Go ' nment's (SCAG's) list of
business - friendly cities that follow a statement of principles since Newpor ach adopted a fiscal
sustainability plan. He reported that EDC also received a repppt relative to a "S Local" campaign.
41
XV. PUBLIC HEARINGS'
16. NEWPORT BUSINESS PLAZA (PA2008 164) ; 4699 JAMBOREE ROAD AND 5190
CAMPUS DRIVE - GENER LAN AMENDMENT NO. GP2008 -007 - PLANNED
COMMUNITY DEVELOPMEN N AMEND NT , T NO. PD2009 -001 - TENTATIVE
PARCEL MAP NO. NP2010 -006 O T1 SA 010 -101). [100 -20101
City Manager Kiff requested that the item be c " d to '3huary 11, 2011, not December
14, 2010. _M
Mayor Curry *Aned "he public ing. Hearing no testimony, he closed the
public hearin y
e`a
Motion b Counell Rosans seconded b Council Member Webb to
Zconn to '} reg' a anuary 11 2011 in order to provide adequate
compre vely e development agreement,
applicants ue17. PALACE U PER (PA2010 -082) - 2800 WEST COAST HIGHWAY - USE
T NO. 2010-0 /I00 2 Ol
Acting g Direc r Campbell utilized a PowerPoint presentation to discuss the project
site, exists site ] l floor plan, parking issues, proposed hours of operation with and
without enter e , and proposed changes to the conditions of operation.
In response to C6fffcil questions, Acting Planning Director Campbell reported that the area is
designated mixed -use but staff does not anticipate residential uses. He stated that Gest Si
Bon Bakery is not open late, but people can be towed if they park there. He explained the
reasons the Planning Commission recommended 1 parking space per 31 square feet of net
public area (without valet) and staff recommended 1 parking space per 35. He also discussed
the different recommendations relative to operating hours.
Council Member Rosansky expressed support for having 1 parking space for every 35 square
feet of net public area and closing the patio at midnight when there is no entertainment or
dancing. However, he recommended closing at 2:00 a.m. when the business is operating
strictly as a restaurant.
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City of Newport Beach
City Council Minutes
November 23, 2010
.I I
Motion by Council Member Rosanskv, seconded by Council Member Selich to adopt
Resolution No. 2010 -131 approving Use Permit No. UP2010 -015, including revisions to the
conditions of approval to require 1 parking space for every 35 square feet of net public area,
allow valet parking until 2:00 a.m., and modify Condition No. 5 to allow the applicant to
keep the patio open until 2:00 a.m. when there is no entertainment or dancing.
Mayor Curry opened the public hearing.
Scott Bauer, representing the applicant, requested that the patio doors remain open even
when there is entertainment or dancing. He noted that live en ` tainment will stop at 1:00
a.m.
Hearing no further testimony, Mayor Curry closed ublic hearing.
Council Member Gardner expressed concerns relatky o enforce ' t since entertainment and
dancing may or may not occur nightly. Mayor r m Henn agr d and recommended that
the site close at midnight. He noted the problevs th t occur on the'- insula due to mixed -
uses and facilities being open late.
to adopt Resolution No. 2010 -131 approving L,
to the conditions of approval to require 1 parkin
area, allow valet parking until a.m., and
applicant to keep the patio open ght.
The substitute motion failed by the
Ayes: Mayor Pro
Noes: Council M
Daigle _
The motion
oes: Mayor Pro W
18. REEMENT TO
City Mm ex Kiff
Article XI ropo
Mayor
public
Council
roll
No. UP2010.015, including revisions
for every 35 square feet of net public
Condition No. 5 to only allow the
vote:
Member Gardner
Rosansky, Mayor Curry, Council Member
Rosansky, Mayor Curry, Council Member
Member Webb, Council Member Gardner
ARY SEWER SERVICES TO CANYON FAIRWAY
ded the staff report. In compliance with California Constitution
218), City Clerk Brown reported that no protests were received.
the public hearing. Hearing no testimony, he closed the
Motion by Council Member Webb- seconded by Council Member Rosanskv to direct
staff to access sewer fees for the Canyon Fairway Community Association per Title 14 of the
City's Municipal Code since there was an absence of a majority protest.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
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City of Newport Beach
City Council Minutes
November 23, 2010
PUBLIC COMMENTS
Petina Greninger believed that the Morningside Recovery Zoning Agreement does not adequately deal
with any problems and took issue with the agreement lasting 25 years.
Tom Billings took issue with the Morningside Recovery Zoning Agreement and their facilities being
allowed in dense, residential neighborhoods. He stated that he speaks for Lido Island and that they
will use all means possible to rescind the agreement.
Mayor Pro Tem Henn emphasized that the City is working hard to enforice the Zoning Agreements
with Sober Living by the Sea and Morningside Recovery, and enforce phcable ordinances and laws
with every group homes operator throughout the City.
XVII. CONTINUED BUSINESS
19. MOORING CHARGES, MOORING TRANSI€'LERS: RESg TI NO. 2010 -132
RELATING TO INCREASING MOORINGr iHARGES; OR CE NO. 2010 -26
RELATING TO MOORING PERMIT,,,-, AND ER MOORING
OPERATIONS. [100 -20101
Council Member Webb announced that he is
have a conflict of interest. Therefore, he recc
City Manager Kiff provided a P
Market Value (FMV), what FMV
mooring committee's principles, and e
rate proposal, discussed the Orange <
the proposed Newport.J, arbor Marine
setting process andarb'vi ? ed other rat(
and compared t' various approaches t
person can t
transfer fees,
the City is pi
:d the
on the
and i
He cc
person
Council Membe .
mooring should
their moorings.
3ring, family
a true
no ed actions, in6ludi
oft °'„.Tidelands Fund,
of Balboa Yacht Basin'(BYB) and may
;entaf p% to discuss the goal of reaching Fair
City's 1 °„proposal compares with FMV, the
s reconded changes. He reviewed the
s r ommendation, and highlighted
nd the locations. He detailed the rate -
tions. He also detailed the transfer proposal;
;s the following issues: the number of times a
rs, one - for -one exchanges, new boat owners,
sub - permitting of moorings. He reported that
ing list, answered questions brought up from
!s and prices of moorings after purchase. He
ng a proposed addition to the resolution. He
indicated that City costs exceed tidelands
t fex al funds can no longer be earmarked for projects, like
that mooring committee has been directed to address other
discussed the emails she has received and noted that only one
as list.
ansky believed that individuals from the waiting list who are permitted a
the new fee, not the phased -in fee, and also not be allowed to transfer
Council Member Daigle believed that the proposal should be amended to allow transfers to
yacht clubs. Council Member Rosansky indicated that some of the yacht clubs have moorings
and allowing them more would make moorings less accessible to the public. Mayor Pro Tem
Henn added that he is not aware that any yacht club is requesting more moorings. City
Attorney Hunt noted that the proposed ordinance identifies yacht club mooring fields and
does allow them to expand if desired.
Regarding the 2007 Grand Jury report, City Attorney Hunt stated that he reviewed the report
and that the City responded that it wished to comply. He noted that the report is not legally
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City of Newport Beach
City Council Minutes
November 23, 2010
binding, but provides insight. Further, he confirmed that Title 17 was also updated in
response to the report.
Mayor Pro Tem Henn stated that the waiting list is important and that the City wants to
ensure that there is a mechanism that provides for the fair distribution of available moorings
to those that have been on the list. He agreed that the waiting list does need to be well-
managed and controlled by City staff. He emphasized that the practice of receiving private
value from the holding of moorings needs to stop. He reiterated that the mooring committee
will be looking at all harbor uses in order to see if the appropriate fees are being charged.
Greg Hatton, Newport Mooring Association (NMA), took i e with the increase and
requested that Council not approve the recommendation. discussed the Tidelands Fund
and believed that the City does not have the money to d e the harbor because it has not
been collecting storage charges from every boat on is ti nds. He believed that this
would have equated to $30 million since 1980. He a ained wh thinks that the mooring
increase is rate discrimination. He recommen�tl' that Council w NMA's proposal to
increase storage charges bay -wide since it is bald on real market valu
Brian Newton compared the City's propos# to ""s proposal which uses wport Harbor's
berth index. He believed using the CPI is Awgle approach and was desig ,: d for this type
of purpose.
`"0
,
Patricia Newton provided a comp n between pros t cash surplus and deficit, and believed
that the City's proposal is unfair is phased iif -VShe believed NMA's proposal is the
best solution and would solve the dge all. Shell -ok issue with the elimination of
mooring transfers and stated that it uld res finanhardship.
Chip Donnelly behey t ; at eliminat' th ansferab of moorings will pose a financial
hardship and thather cities have proc es for handling transferability.
Bill Moses behi*d that mooring holders ntribute to the Tidelands Fund but are becoming
victims of fee discin n. He stated t t they are relying on being able to transfer the
moorings ncomo' t the orings come with no services and no storage
abili ' stedt t Council n rove the recommendation and requested that staff
to into differen s an q better transfer policy. He stated that the market will determine
e rates. {
took issuhat the Iggrmers market vendors are not being charged to use public
Patti JaVJrt at an increase may be appropriate, but took issue with the proposed
amount able to transfer moorings. She indicated that, if she knew about the
2007 Gra she would not have purchased the mooring. She noted that the City
sold moo
Scott Karlin, Commodore, believed that the mathematics is flawed and does not take into
account the true cost of renting a mooring, especially since maintenance and dinghy storage
are not provided.
Wallace Cook discussed transfer rates in other cities and requested that the City be fair to all
mooring holders.
Terry McGuire stated that he is a live- aboard and requested that the existing live - aboards be
grandfathered in at the old rate.
Dwight Belden, representing the Newport Harbor Yacht Club, provided a handout with
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City of Newport Beach
City Council Minutes
November 23, 2010
suggested changes and requested that they be included when considering the ordinance.
John Heffernan provided a handout that explained his objections. He stated that tideland
fees need to be uniform and non - discriminatory, and suggested not piecemealing this issue.
Steve Turansky expressed opposition to the proposal, especially as it relates to transferability.
Preston Zelget expressed concern about being priced out of the marina and stated that people
will be waiting a long time to receive a mooring if no transfers are allowed.
Marshall "Duffy" Duffield, Harbor Commissioner and Chair the Mooring Master Plan
Subcommittee, took issue with the price increase since a harbor tends to have bad
conditions that make it difficult to access the mooring. H lieved that the City should only
charge more if it comes up with a better mooring syste at sier to use.
Jim Mahoney provided a newspaper and requested" hat the City e all the fees for harbor
uses fair and equitable for everyone.
Tim Bercovitz (Skipper Tim), American Lyegion Yact Club (ALYC), req d that the City
consider NMA's proposal.
Sherman Stacey provided correspondence that highlighted his opposition to the elimination of
the ability to transfer the moori He believed t`ht the California Environmental Quality
Act CE "'
( QA) applies to this issue a there was a)own Act violation. He stated that the
City should adhere to the pro] a fr e Mooring`*' ster Plan Subcommittee and the
Harbor Commission.
Phil Slater believed
accessible. He beli.,
protects everyon, 'a
Gary Reasoner
believed that p
with fixivaARM
Fradkin, Ba Y
club but will t
br pohcy works c
not
Dan Gribble,'
believed that
urging ho tran s are 'Wed will not make moorings more
the Curren t sferability process promotes free enterprise and
the Harbor ommission's recommendation be considered and
issue is no fair and will not solve the problems associated
t
lub, stated that he may want to transfer his mooring to the
((o do that in the future. He believed that Santa Barbara's
looked at.
that the City is going from a system that works to one that will
Club, took issue with the proposed transferability change and
value analysis is incorrect.
Hugh Bradley stated that he purchased his mooring from the City in 2002 and that he was
hoping to be able to transfer it in the future in order to recoup some money. He believed that
the waiting list system does not work and urged the City to continue with its current system.
Edward McLaughlin stated that the City sold a mooring to him in 2002 for fair market value
and believed that this needs to be thought through further so an equitable transferability
policy is developed.
Dennis Baker expressed support for all the work that has occurred on this issue, but took
issue with piecemealing this. He agreed that no one should be profiting from public property.
He believed that the waiting list should be eliminated and expressed concern that the City
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City of Newport Beach
City Council Minutes
November 23, 2010
may face issues regarding the giving away of public funds.
David LaMontaine believed that there is not much profiting from transferring moorings and
that the proposed transferability plan is flawed.
Tom Crison believed that the City should take more time to analyze alternatives that are fair
for all the stakeholders.
Marlene Pippin stated that the City should enforce its laws relative to requiring that
moorings not remain vacant.
Brian Ouzounian provided a handout and took issue that thi�:_will only apply to pleasure uses
not commercial uses. He believed that this is just a mcA to collect money and that it is
unfair to the current mooring holders. y
Wayne Pyle stated that it is difficult to access pie s boat from a moorings, there is no
longterm dinghy storage, and the comparable fees include moorin rvices when the City
does not provide any. He believed that the document „$at was drafted he NMA, staff, and
Harbor Commission should be the version, ixncil votes on.
Anthony Gaffney stated that, although he is A141 resident, he contributes tot the community.
He took issue that not enough copies of the "off report were available to everyone in
attendance and suggested that City consult wi, the mooring users to create a better
document.
o
James Woodworth hoped that the fe woul crease as >�,uickly as proposed so he would
not have to move his boat out of the y. He re that Elie City not be too hasty to raise
fees to private dock os.
Fred Forche tooWsue w h the fee incr a and encouraged the City to look at a rate that is
fair. A
v
John Ruthess expr d that, with he City's proposal, it will price -out many of the
curren hol ' He "rei�trt o 1} awing the City look at all the users at one time
soy t ere is pre aroe plant addresses all of the City's issues and is equitable to
arbor users.
Stotts stated Jec t haviiig mooring is getting more expensive and believed that the
holders are ing thei rights. He indicated that he would like to transfer his
to someone if his children decide they do not want it so he could recoup his
Council Mem Ga er indicated that the City's wait list works for the Balboa Yacht Basin,
individuals sho t be allowed to have three or four moorings if the City is trying to make
moorings more a essible, boating is a hobby and comes with expenses, and that the City does
provide services and spent more money for Harbor Patrol services at the request of the
boating community. She expressed concern regarding piecemealing the issue. She suggested
that the City raise the CPI this year but hold off on anything else while it examines other
aspects of the issue.
Council Member Daigle expressed support for increasing the fee by the CPI, not by the 14%
ratio method as indicated in the proposal. She stated that the current transferability practice
seems to be working but is unsure about the wait list process. She believed that the issue of
transferability needs to be better thought through and that being able to give moorings to
yacht clubs should be looked at by the committee.
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City of Newport Beach
City Council Minutes
November 23, 2010
City Attorney Hunt explained why the proposal is not rate discrimination. Regarding private
piers, he stated that State law supports not charging for private piers if Council wanted to
continue that practice. He indicated that it would not be rate discrimination if the City
proceeded with the 14% rate increase. He stated that fees can also be increased for
commercial leases, as long as there is a reasonable basis for it. He indicated that there is no
case law relative to whether giving away or selling moorings is a gift of public funds; however,
one could argue that the transfer value for private gain from public property could be
considered a gift of public funds. Regarding the claim of a CEQA violation, he stated that
socio- economic benefit is not addressed under CEQA. He reported that the ordinance
amendments to Section 5.13.31 suggested by Mr. Belden are ace `ptable. He referenced the
proposed ordinance and stated that "immediate family" includd' his or her heirs at law to the
second degree of consanguinity. He noted that the City e d not provide information about
the 2007 Grand Jury report when it sold some moorin 1002, but emphasized that every
person has the duty of reasonable investigation wh purcha an item and that it is not
the City's responsibility to advise the purchaseryq the report was not a participating
party of the mooring transfer. He pointed ou$8,'`that the Newpo each Municipal Code
(NBMC) states that the moorings are not trgn'sferralbfe and that ther ould not have been
an expectation of receiving back one's i p,(6tment,,'vhen being grante mooring permit.
Regarding Mr. Heffernan's comments, he' cateA that the City has no ob tion to pay the
Tidelands Fund back for any money not coll e.
In response to the comment ab t vacant moorings, Harbor Resources Division Manager
Miller reported that the re �z
p gulati removed frodt'k�he NBMC over four years ago because
mooring holders were keeping d is on the'*porings and this created different
problems; however, vacant moorings.kan no nted frolkAhe City on a short term basis.
In response to public cp ments, City anag f re - d that 75 copies of the staff report
were made availabe lobby and h e staff report was also available on the City's
webpage since 13nesd 4. He noted the proposed fee has been adjusted for private
ownership of t� e.
1
In response to pu cs Mayor Tem Henn emphasized that the proposed rate
increas drive t e d; a'o ore accessibility to the harbor and the need for
ea r or us pa eir fair shag :w a pointed out that the increase is phased in over
years and tha e Cil ill continue to analyze the rates and see if the mooring waiting
at concept works, a 't is c tly working at BYB.
Re ding the questi of whether the effective increase in shore moorings is much higher
than £shore moorm City Manager Kiff stated that the City looked at what the proposed
increas ould be a reported that this will be reevaluated each year until 2015. He
indicated he doe of see an inherent flaw thus far.
Council Memb ch noted that many individuals requested that the City use the CPI to
raise the rates, that assumes that the 1996 rates were set correctly. He believed that the
fairest way to deal with this was to determine a percentage from what the slips are in other
harbors. He reported that the proposed 14% was the lowest percentage found. He noted that
this may also be adjusted every year. He stated that the BYB waiting list process works and
that a waiting list would allow moorings to be market driven and be more accessible.
Mayor Pro Tem Henn recommended that the ordinance be amended so moorings are also
allowed to be transferred to spouses; mooring holders who are permitted a mooring off of the
waiting list after the resolution is adopted be charged the fully - implemented rate; and the
resolution be amended to include a commitment to review all harbor user charges and include
the statement from the PowerPoint presentation about the price adjustment occurring on
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City of Newport Beach
City Council Minutes
November 23, 2010
September 30, 2012.
Mayor Curry expressed appreciation to everyone in attendance. He stated that the NMA has
been successful in delaying any fee increases, but it is the City's fault for not implementing
any adjustments and that this is why it is being phased in. He believed that the increase in
1996 was not done in a way that kept pace with inflation and costs. He pointed out that the
proposal allows for two transfers in 10 years. He emphasized that the mooring holders do not
own the moorings, but are given a license and the privilege to use them. He stated that the
proposal is a way to remedy the transfer practices that have been taking place
inappropriately. He assured everyone that the City will also a,ftess fees for other users of
the harbor. f
Resolution No. 2010 -132 establishing increased
mooring permits effective for the mooring permit
about the price adjustment occurring on Septemb
include Ardell Marina and Port Calypso in the b9e
the rate smoothing for 2011 and 2012 tpT.1
Ordinance No. 2010 -26 relating tooring
Operations, and amend Section 5.B.3.f to d`4g,
add the word "by" after "depicted;" and adn
17.60.040.E.1, and pass to second Wading on Dece
The motion carried by the
Ayes: Council Member Selich, C
Noes: Council Member Gardner,
.1/'AQ
XDL ADJOURNMENT-
The agenda for thi
City Hall B
City Clerk
iunT ember Rosanskv to a) adopt
tdchi es for offshore and onshore
ed in 261% nd include the statement
2012; remo ido Marina Village and
Harbor Marin dex list; and amend
8.8 %, respective nd b) introduce
mit Transfers an ther Mooring
boundaries of," capita ze "these," and
ing permittee's spouse..." to Section
14, 2010.
Pro Tem Henn, Mayor Curry
on November 17, 2010, at 3:15 p.m. on the
City of Newport Beach Administration
Recording Secretary
Mayor
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