HomeMy WebLinkAbout01 - MinutesCITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session - 4:00 p.m.
July 10, 2012 — 4:00 p.m.
I. ROLL CALL - 4:00 p.m
Present: Mayor Gardner, Mayor Pro Tem Curry, Council Member
Council Member Henn, Council Member Selich
Excused: Council Member Daigle n ,
II. CURRENT BUSINESS
1.
2.
CLARIFICATION OF ITEMS ON THE
SHIPS TO REEFS PRESENTATION. [100 -20121
Joel Geldin, Chairman and Chief Executive
organization,. thanked Council for the \opi
presentation on the organization's plan to�ea
the California coast to improve and enhance
and to enhance the 'tourism industry that i
current efforts, their oee, available c
p,>mP
conditions, economic 1
for reefing, SCUBA to
educational compo - ;
actions by other cities
his organization,
In res6onse to
t&,eany ship built with
be stricken from the list.
�y
Dan Puree4 expressed a
impact on they a lion pc
artificial reefiii
lomic benefits;°
effecting reef
f.if vial reefing,
Agenda Item No. 1
July 24, 2012
Council Member Hill,
None
icer of Caifoinia Ships to Reef, a non -profit
iriity to speak -•'and provided a PowerPoint
li h,a regional system of artificial reefs along
CalifornilWfish, plant and marine ecosystem,
ntered on fiahiig.aud diving. He addressed
mmissioned surplus ships, current Federal
underwater art, materials that can be used
aliforma as a dive destination, ecological and
ug costs, proposed projects, funding sources,
and the possibility of the City partnering with
r,
question, Mr. Geldin addressed the rules changed by
types of ships available for artificial reefing, noting
erials such as Polychlorinal Biphenyls (PCB) were to
about potential problems and risks with the program and the
S. REQUEST TO AMEND1'THE ORDINANCE REGARDING THE TAXATION OF HOTEL
ROOMS. [100 - 2012[, '
Assistant City Manager Smith referenced the staff report and indicated that staff is looking
for direction from Council regarding complimentary (comped) rooms, noting that the City is
currently collecting taxes on complimentary rooms.
Finance Director McCraner addressed the current calculation for the tax rate.
Mayor Pro Tem Curry believed that taxing people on a free room is not consistent with being a
business - friendly City, commended the City for its work in revenue generation, and stated
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City of Newport Beach
City Council Study Session
July 10, 2012
that this is a case where direction should be given to not the charge tax on complimentary
rooms.
Council Member Henn distinguished between the various categories for offering
complimentary rooms and stated that he supports allowing some relief from charging taxes.
Council Member Hill noted that there are only two cities that charge taxes for complimentary
room of those surveyed and agreed with Mayor Pro Tem Curry regarding the importance of
remaining business- friendly.
r.
Gary Sherwin, Visit Newport Beach (VNB), addressed the reasonsjivhy hotels provide
complimentary rooms including charitable reasons, reported on an upcoming event involving
meeting planners where rooms will be comped for business reasons to persuade them to book
their meetings at City venues, and reported that the d s c ° (�
gruntlefl guest category is a small
percentage of the total comped rooms offered.
Council Member Selich expressed agreement with Maybi Pro Tern Curry ard? stated that he
was in favor of exempting the four categories in the,rsport from Transient Oc pancy Taxes
(TOT). \
Jim Mosher stated why the TOT is needed,, sugge` t d the possibility of waiving the
promotional fee rather than the TOT, and commented`on;the survey of surrounding cities and
comping rooms for people in the hospitality industry. �\
George Schroeder believed that more information is needed arid, indicated that comparisons
with comparable cities should have been
Mr. Sherwin reported that the cities of Huntington Beach; Costa,Mesa, and Laguna Beach do
not charge TOTS on comped moms. \ f
Discussion followed regarding validating comped rooms and the need to work with the hotels
to obtain an accurate accounting of comped rooms per year; which will result in a potential
revenue loss to the Ciky - -,
Finance DirECtor -iV Craner` reported tliaf,.the- information will be checked during the audit
process;and asked if'Gouncil believed that the e`should be a cap.
Pro Tern Curry stated that the matter should be administered in the most effective
Following [discussion, staff, was directed to generate the necessary ordinance that would
exempt all co mplimentary lintel rooms from TOT.
4. CHARTER UPDATE COMMITTEE DISCUSSION. 1331100 -20121
Assistant to the Assis't'ant City Manager Houston discussed the establishment of the Charter
Update Committee (CUC), meetings held, input received, timelines for the process, and the
need for specific Council direction.
Paul Watkins, Chair of the Charter Update Committee, expressed his appreciation to Council,
reported that the Committee had a busy six- weeks, commended CUC members and City staff,
referenced written comments submitted by the public, presented a summary of the
recommendations, noted that there was focus on Section 708 (Board of Library Trustees
Powers and Duties) which seemed to be a controversial part of the Charter, and addressed a
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City of Newport Beach
City Council Study Session
July 10, 2012
compromise reached on Section 708.
In response to Council Member Henn's question, Chairman Watkins reported that the CUC
worked at a fast pace and proceeded efficiently. Further, added that the public was allowed to
provide input fairly and appropriately, and indicated that their comments were very
valuable.
Council Member Rosanky stated that the discussions were lively, with different sides taken on
issues, and that the CUC explored different alternatives within the confines of the scope of
work given to them by the City Council.
Regarding Council compensation, Chairman Watkins noted that/Council Members in
attendance recused themselves appropriately, staff provided co11 parative information on
other Councils, and stated that the CUC simply updated what needed tdtbe updated.
Assistant to the Assistant City Manager Houston commented on section's that remained
unchanged.
Regarding Section 503 (Compensation and Bond:.
determined that bonds are provided to City employ
and covers an array of employees. In addition, re
the [Civil Service] System), he stated that it was
amending. "\
Mayor Pro Tern Curry commended the
being increased or decreased, but rather
compensation.
Council Member
Elizabeth Stahr adds
a Library Service I)is
expressed the opinion
And expressed appreci
Citizen Satisfaction Suive
wiFhijhe Library System
from-;I:ibrary Trustees to
Librarians to the City M:
change to Section 708, beli
provided a handout that it
708 be placed 6 k Othe ballot
the CUC
nAn Watkins rioted thkAhe CUC
the costs are relatively affordable,
Section 801 (Positions Included in
ned that the Section did not need
that'Councils' compensation is not
included \m the Charter relative to
708, commented on the issue surrounding the hiring of
g that it takes a lot of people to vet candidates. She
hould not be%iaken away from Board of Library Trustees
This. Stahr for her work with the Library, referenced results of a
=g idling Library Services, noted that residents are very happy
i Boaid'of Library Trustees, commented on the shift of power
)litician's�in the updated Charter and the power to bire /fire
ger who serves the City Council, suggested that there be no
d that the Library should not be under the control of politicians,
ded the existing and proposed language, and asked that Section
a stand -alone item, if it will be voted on.
Paul Glowienke noted' +he was a member of the CUC but was speaking as a member of the
public. He indicated :that Section 708 was considered completely, stated that the City
Manager originally recommended that it not be changed, believed that the Library Services
Director should be under the management of the City Manager, and expressed agreement
with the proposed amendment.
Jim Mosher believed that the process was flawed and did not see an urgent need to present
the Charter Amendments.
Dan Purcell believed that the Charter Update process was restrictive for the public and
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City of Newport Beach
City Council Study Session
July 10, 2012
believed that there should have been better reporting.
Dan Wampole, Charter Update Committee Member and member of the public, commented on
Section 708; He believed that the City Manager needs to have an equal amount of authority
and that this is non - existant in the previous version of the Charter. He reported contacting
City Manager Kiff and asking for his assistance in drafting the amended language amended
for Section 708.
Ron Hendrickson addressed the Council compensation section (Section 402) noting there is no
mention of retirement benefits. and health insurance for Council. Regarding Section 407
(Regular Meeting), he suggested adding language for setting the hour` of the meeting by
ordinance. In addition, he commented on Sections 503 (Compensation and Bonds) and 704
(Meetings Chairperson). He believed that the process was good, but "rushed.
David Bahnsen, Charter Update Committee Member and member of t�'eLgublic, commented
on the lengths of the meetings, stated that there was extensive discussion;;o_n many issues,
noted that the City Attorney's Office was clear regarding the process, and stated that there
was a great deal of interaction by and with the Committee.
Novell Hendrickson presented an exhibit rega'rdi'ng`pre'sent practice, noted that 19 ;of the
items were amended in 2010, and commented on the public comment process. .�
Mayor Gardner indicated that she attended most of the'CUC meetings, believed that there
was good public comment was received,kank stated that the CUC took cognizance of what was
said. Regarding action 708, she believed tliat'.the City Manager should have the authority
over Library Services but in listening to public com `nts, suggested. that Section 708 remain
unchanged or voted on separately.
Chairman Watkins indicated that he will reserve`-his commeritsluntil the regular meeting
i ai r
agenda because of tim•eonstraants. y t
City Manager i{iffi %%'t tad that %staff has listed he items that Council may want to discuss
A
further, including Sections 4Q2, (Compensatioir), 407 (Regular Meeting), 708 (Board of
Library Trustees Pow e st andlDut it and 709 (Pa ks, Beaches, and Recreation Powers and
Duties).
Council Member Rosansky indicated there was also extensive discussion on Sections 409
(P..Nce of Meetings), 421 (Contracts Execution) and 608 (Illegal Contract Financial Interest).
Discussion followed regarding Sections needing additional discussion, including Section 1114
(Claims and D mande).
Mayor Pro Te i'.Curry commented on other issues to consider, including creating a new
Cbarter Section i6,prr \ \ \o brit red light cameras in the City.
, I/
City Attorney Harp stated that he can provide sample language on the issue from the City of
Anaheim during the regular meeting.
III. PUBLIC COMMENTS -None
Jim Mosher believed that all meetings should be open to the public, encouraged Council to
adopt more expansive policies, and indicated that there is a Brown Act requirement to provide the
public with a written and oral announcement with topics discussed at the Closed Session meeting.
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City of Newport Beach
City Council Study Session
July 10, 2012
IV. ADJOURNMENT- 5:40 p.m
The agenda for the Study Session was posted on July 5, 2012, at 3:15 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building
City Clerk
`V A
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 10, 2012 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:40 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
54956.9(a)): Two Matters
1. Sandy Wedgeworth, et a1 v City of N
Orange County Superior Court Case No.
2. Paul Matheis, et al v City of
Orange County Superior Court
B. CONFERENCE WITH LABOR
Agency
LITIGA
Beach,
Kiff, City
et al
(Government Code §
§ 54957.6):
and Negotiator
Employee Oi7ganizatidons: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach Ciiyf Employees Association (NBCEA); Newport Beach
Employees- League (NtB1 L), -1`� W,pgrt Bead, Firefighters Association (NBFA); Newport Beach
Fire- `Mana`gement Association (NBFYGI); Lifeguard Management Association (NBLMA);
Newport Beach Pai•,t TimaUnit (UPEC, Local 777); Newport Beach Police Association (NBPA);
-Newport Beach Pol'iee Management Association (NBPMA); Newport Beach Professional and
III. RECESS
IV
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council
Member Selich, Council Member Henn
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp reported that there are no reportable actions
VII. PLEDGE OF ALLEGIANCE - Council Member Hill
VIII. INVOCATION - Bryan Eckelmann, St. Andrews Presbyterian Church
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City of Newport Beach
City Council Minutes
July 10, 2012
DL PRESENTATION
Heroic Act Award - Phil Castillo - Mayor Gardner read the proclamation and presented it to Phil
Castillo. Fire Chief Poster and Lifeguard Operations Assistant Chief Williams presented Mr. Castillo with
the Heroic Act Award.
X. NOTICE TO THE PUBLIC
M
ITEM)
Mayor Pro Tem Curry reported that he presented a certificaterto Bill Hossfel'doutgoing President of the
Newport - Balboa Rotary Club; participated in the Fourth of July Parade at MarinersrPark and the American
Legion Old Glory Boat Parade; provided the welcomincomments at the Newport`Dunes Fourth of July
celebration; presided at the installation of John Whitney as the new President Of Friends of OASIS; and
congratulated Scott Paulson on his service as the outgoing[P_rediiaent to the Friends of OASIS.
Council Member Henn reported participating in the Mr. Irrelevant Arrival Party at the Newport Dunes
Resort where Chandler Harnish was welcomed to the City; attended the Lowsman's Banquet honoring
Chandler Harn sh; and attended the Fourth of ;July- celebration at,Channel Place Park. He expressed his
appreciation to staff and the Newport Beach Police Department for their work during Fourth of July and
reported on an upcoming Tidelands ManagementTommiitee' .e` g on�July 18, 2012, at 4:00 p.m. at the
OASIS Senior Center where discussion will continue on the,, idelands.Management Master Plan.
Mayor Gardner reported paddluig tliis morning in the %Bhy and came across two dead Kai, noting that they
don't live in salt water. She,emphaaized that nothing,should be placed in the Bay or Ocean that is foreign to
it. She referenced the recent,Ocean Boulevard lot merger that Council considered on June 26 and requested
that staff bring back a report that limits the side easements to be no less than what would have been
allowed in the original lots and that the Total-square footage could not be more than the combined maximum
square footage on e merged>lots.�� — J
XII. CONSENT. CALENDAR 1�
City Manager Kiff clarified that Iltem 10 sh\ rid refer to Council Policy I -2, not I -7. He added that staff is
recommending p ling.Item 12 so that Visit Newport Beach, Inc. (VNB) can provide a presentation.
I:"
1. MINUTES FOR -THE JUNE 26, 2012 STUDY SESSION AND REGULAR MEETING.
(100 -20121 Waive reading of subject minutes, approve as amended and order filed.
Council Member Henn abstained on this item since he recused himself during a June
26, 2012 Study Session item.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct the City Clerk to read by title only.
B. CONTRACTS AND AGREEMENTS
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July 10, 2012.
3. TIDEGATE RETROFITS AND UPGRADES - AWARD OF CONTRACT NO. 5116.
[381100 -2012] a) Approve the project drawings and specifications; b) award Contract No. 5116
to Bali Construction, Inc., for the total bid price of $126,620, and authorize the Mayor and City
Clerk to execute the contract; and c) establish a contingency of $18,993 (15 percent) to cover the
cost of unforeseen work not included in the original contract.
4. 15TH STREET REHABILITATION PROJECT - OLD NEWPORT BOULEVARD TO
REDLANDS AVENUE - AWARD OF CONTRACT NO. 5077. [381100 -2012] a) Approve
Reimbursement Agreement with the City of Costa Mesa and thf", City of Newport Beach; b)
approve the project drawings and specifications; c) award Conti ct No. 5077 to All American
Asphalt for the total bid price of $303,303 and authorize the -Mayor and City Clerk to execute
the contract; d) establish a contingency of $45,000 (15 percent) to cover the cost of unforeseen
work not included in the original contract; and e) approve Budget Amendment No. 13BA -002
recognizing new revenue (reimbursement funds frorhAhe City of Costa Mesa) of $115,000 to
Contribution Fund 250 -4858 and appropriating $13'6,000 to Acco'tNo. 7251- C2002042.
6. MISCELLANEOUS PAVING REPAIR - BRISTOL/-STREET SOUTH; NEWPORT COAST
DRIVE AND JAMBOREE ROAD AZ COAST HIGHWAY SOUTH,,,,- AWARD OF
CONTRACT NO. 4882. [381100 -20121 a)LAppfove the project drawings and specification; b)
award Contract No. 4882 to PALP, Inc., D3A Excel Paving for the total bid price of
$657,265.50, and authorize the Mayor and it Clerk to execute the contract; c) establish a
contingency of $65,727 (10 perc6l) ,to cover the cost of unforeseen work not included in the
original contract; and d) approve,�Budget Amendm nt:No. 13BA -001 appropriating $43,000
from the Bristol Relinquishment Fund to Major Arterial Street Repairs CIP Account No. 7253 -
C2002047 and appropriating $140,000 from th uuappropriat\ed Measure M Turnback Fund to
the Major Arterial Streets Repairs CIP0,Account'No. 728jr_C2002047.
C. MISCELLANEOUS
PLANNING COlt1MISSION AGENDA FOR JUNE 21, 2012. [100 -2012] Receive and file.
8. CIVIC CENTER,,AUDIO VISUAL AND INFORMATION TECHNOLOGY EQUIPMENT
-BUDGET AMENDMENT.` 1100 -20121 Approve Budget Amendment No. 13BA -003
,appropriating $1,360,385 from.,the Cable Franchise Reserve to the Civic Center Fund, Civic
Center IT /AV Equipment Account, 7410- CID02041 ($1,018,000 will be used to purchase the
a dio- visual and information technology equipment necessary for the new Civic Center and the
remaining balance ofjs$342,385 will be used to supplement eligible expenditures within the
current Civic Center Construction contract).
9. REQUEST TO,INSTALL A DRIVEWAY APPROACH AT 1702 PARK AVENUE.
�
[100-
2012] Approve
a }new 17.5 -foot wide driveway a pproach for access to the property per City
Council Policy -L-2, Driveway Approaches, provided the property owner obtains an
encroachment permit from the Public Works Department
11. WAIVE COUNCIL POLICY A -2 - BOARD AND COMMISSION APPOINTMENTS; AND
APPOINT A NEW CITY ARTS COMMISSIONER TO FILL THE UNEXPIRED
BALANCE OF CITY ARTS COMMISSIONER ROBYN GRANT ?S UNEXPIRED TERM,
WHICH ENDS JUNE 30, 2013. [100 -2012] a) Since the City Council made appointments to
the City Arts Commission and other Boards and Commissions at the June 26, 2012 City
Council Meeting, waive Council Policy A -2 relative to the procedures for handing unscheduled
vacancies; b) appoint a new member to the City Arts Commission to fill the unexpired balance
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City of Newport Beach
City Council Minutes
July 10, 2012
of City Arts Commissioner Robyn Grant ?s term, which expires on June 30, 2013, from the list
of applicants that have an application on file with the City Clerk ?s Office or any person that
submits an application by 1:00 p.m. on Friday, July 20, 2012; and c) make the appointment to
the City Arts Commission at the July 24, 2012 City Council meeting.
MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED.
Motion by Council Member Hill, seconded by Council Member Rosanskv to approve
the Consent Calendar, except for the items removed (Items;°); 10, 12 and 13); and noting
Council Member Henn's abstention on Item 1. fI
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry
Absent: Council Member Daigle /)
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR/ 7
5. APPROVAL OF AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH
SCHMITZ & ASSOCIATES FOR PROJECT PROCESSING ASSISTANCE (C- 4546). [381100-
2012]
Jim Mosher referenced the staff report ands fxpresse
duties rather than an outside consultant. He also e
outside,
referenced the California n�Cpnstitution regarding
Motion by Council Member Curry, seconded
Amendment No. 6 to' the"Pro£essional Services Agree
California for California (SoasthKommission applica
at an additional - contract cust; of $51;8,5 and aut. 01
hat staff should be performing the
rns regarding the quality of work
for services already rendered.
Council Member Rosanskv to approve
it with Schmitz & Associates, Inc. of Malibu,
preparation, processing and support services
the Mayor and the City Clerk to execute the
City Attorney Harp clarified thati`the contractor is not being paid twice for the same services but for
adda`tional and extra work, Therefore; there is no violation of the State Constitution or any other
rules.
The motion carried by the following roll call vote:
Ayes: Council Nfember Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn,
Council Member Selich, Council Member Curry
Absent: Council Member Daigle
10. LIBRARY STAFF RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL OF
CITY COUNCIL POLICY MANUAL LIBRARY SERVICES POLICY I -2 - USE OF THE
NEWPORT BEACH PUBLIC LIBRARY. [100 -2012]
Jim Mosher noted that the Council Policy number is incorrect and pointed out that the proposal has
been approved by the Board of Library Trustees. He referenced the City Charter and believed that
Library Policies are not subject to approval by the City Council or staff.
City Manager Kiff referenced the various City Council Policies regarding the Library and stated that
it is appropriate for the City Council to continue to approve them.
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City Council Minutes
July 10, 2012
George Schroeder encouraged Council to approve the item
Dan Purcell commented on Board of Library Trustees meetings and expressed concern that the
Central Library lacks adequate bicycle racks.
Motion by Council Member Curry, seconded by Council Member Rosansky to approve
revisions to Council Policy I -2, as approved by the Board of Library Trustees at their December 5,
2011 Board Meeting, and by the City Attorney's Office on December 22, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn,
Council Member Selich, Council Member Curry f'
Absent: Council Member Daigle Gi
12. VISIT NEWPORT BEACH, INC. (VNB) (C- 5177) AND NEWPORT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT (NBTBID) ANNUAL REPORTS /38/100- 20121
City Manager Yiff introduced the item and deferred &5 Gary Sherwin of Visit ewport Beach, Inc.
(VNB)-,�
Gary Sherwin, VNB, provided an update on the
acknowledged and introduced Membersof�he „Exec
PowerPoint Presentation which detailed the &ycal've_
the police hospitality training program. In additib
Series will be hosted by the City of Newport each
economic impacts. He addressed the Newport Beach
group room night
2012 -13 organizat
initiative, mobile
plan.
Council
a communn
including the
a comparisons
return on
industry noting it is doing very well. He
utive Committee and volunteers. He utilized a
ar hotel performance, VNB's brand promise, and
n I 'he announced that the Bowl Championship
in, ,he
iary 2014 and noted the event's related
Tourism Business Improvement District (TBID)
.nt, Transient Occupancy Tax (TOT) budget, the
iced by VNB, the new kiosk directories, online
strategies, and addressed marketing goals and
and addressed
organization, as opposed
performance measures in
the organization's broadening of its
to a visitor bureau approach. He
next year's presentation, as well as
Mayor Pibo T_ em Curry congratulated Mr. Sherwin on the success of the organization and commented
on the importance of the efforts of the organization.
Council Member Hill expressed his appreciation to the Board for the work performed.
Jim Mosber thanked CBy Manager Kiff for improving the contract with VNB to require reporting and
transparency, and reminded the VNB Board of their requirements to file other reports. He
commented on the decrease in the number of visitors to the City in previous years and their plan to
fund its annual meeting. He addressed Brown Act compliance issues regarding TBID meetings.
Tom Johnson, Chairman of the Board for VNB, clarified the amount that is budgeted for VNB'a
annual dinner, noting that it is a one -time per year meeting where the entire community is engaged
to review plans for VNB. He noted that there is no obligation for the public to attend their meetings,
but that they are allowed, and stated that the organization strives for all the transparency it can.
Motion by Council Member Hill, seconded by Council Member Henn to a) approve the Fiscal
Year 2012 -2013 Visit Newport Beach, Inc. Marketing & Business Plan and budget; and b) approve the
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City Council Minutes
July 10, 2012
Fiscal Year 2012 -2013 Newport Beach Tourism Business Improvement District Annual Report and
budget.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
13. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT rFISCAL YEAR 2012 -2013
BOARD APPOINTMENTS. [100 -20121
Jim Mosher commented on the number of vacancies versus rt) e�number of people appointed, and
commented on the applicability of the Streets and Highways, -Code. •H_ discussed applicable rules and
laws, as well as the City Charter.
5 ��
Bernie Svalstad, Corona del Mar BID Chairman, commented on previous elections of Board Members,.
referenced the BID by -laws and requested clarification regarding the Board Members' terms.
r; In f�
City Attorney Harp reported that the Streets`s.nd Highways Code is the controlling law when
discussing BIDS, noting that State law creates the authority to generate BIDS.
Robert Hawkins expressed concern that the BID Chairman does not understand what is going on
relative to the terms and believed that there needs to be an understanding about why the changes are
occurring.
In response to Mayor Gardner's questions; City
period for the BID corresponds to the term of the
the BIDs to ensure that.tlte 6v Eaws are in co404
following to the Corona del Mdr Business I
2012 -2013: Bernie Svalstad,; NewNbrt Fina
- Hoover Law"0—f 1ice ;Iim Walker - The Bu%i
P
Zadeh - 7 ort Resaurant & 1ounge; and
carried by the following%(llcall vote:
explained the one -year formation
He added that staff will work with
3ded by Council Member Henn to appoint the
,ement District Advisory Board of Directors for FY
Pom Nicholson - Nicholson Companies, Tina Hoover
Restaurant, Keith Dawson - Dawson & Dawson, Ali
Laidlaw - Laidlaw Schultz Architects
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Couircil Member Selich, Council Member Henn
Absent: Council Member Daigle
XIV. PUBLIC COMMENTS -
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported on the June 28 Neighborhood Revitalization Committee (NRC) meeting
where the Committee considered the recommendations of the Balboa Village Citizens' Advisory Panel (CAP)
in terms of establishing a new brand promise and brand vision for Balboa Village, as well as other
recommendations regarding parking governance and economic development incentives. He reported that
the NRC accepted the recommendations of the CAP with minor revisions, and that the recommendations
will be brought for consideration before the Harbor Commission and the Planning Commission.
Subsequently, the item will be considered by the City Council on August 19. He thanked the CAP members,
the consultant, and staff for their work.
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City Council Minutes
July 10, 2012
XVI. PUBLIC HEARING
14. AFFORDABLE HOUSING AMENDMENT FOR NEWPORT PLACE PLANNED COMMUNITY
LOCATED WITHIN THE AREA BOUNDED BY MACARTHUR BOULEVARD, JAMBOREE
ROAD, BIRCH STREET, AND BRISTOL STREET NORTH (PA2011 -216). (100 -2012)
Community Development Director Brandt stated that the item is a follow -up program that is required
by the Housing Element that was recently certified by the State and adopted by Council.
Assistant Planner Whelan utilized a PowerPoint Presentation that detailed the background and
future housing potential. Further, it addressed the project location, surrounding properties, and
residential overlay opportunities for properties designated as/MUH2. She presented details of the
residential overlay, requirements reviewed by the Planning Commission, and provisions for the
qualifying projects. She noted that the Planning Commis/ sion reconlimended approval of the PC
Amendment and that the Airport Land Use Commission found the ame`nd•ment in compliance with
Airport Land Use Plan. ,f A
Mayor Gardner noted that when the area was co\
concerns was creating enough residential areas
them. However, when the Housing Element was
the exemptions listed in the staff report.,
Mayor Gardner opened the public
the General Plan process, one of the
the amenities that would help support
to the State, it noted the need to create
Linda Tang, The Kennedy Commission, reported that'the,organizat3on is a coalition of residents and
Ls L. }.
organizations that advocate for the development of housing for'ilo�wer- income families. She presented
written comments, and (*A ended staff fo`r their leadership in encouraging and facilitating the
development of affordable homes for lower- inctiihe working families. She expressed support for the
Planning Commission's recommendation recommendation to remove the development constraints for affordable homes
by implementing the wsng lrrograms in Newp
h ort Place. She addressed ensuing public benefits to
the community, especially -for seniors and working,families.
Mayor Gardner closed the public hearing.
Council Member Rosansky, seconded by Mayor Pro Tem Curry to introduce the
No. 2012 -14 adopting rfhe Newport Place Planned Community Development Plan
No. PD2011 -005; and pass =to second reading on July 24, 2012,
The motion carried by the
4
Ayes: Council Member
Council Member
Absent: Council Memberil
XVII. CURRENT BUSINESS
roll call vote:
Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
, Council Member Henn
15. SECOND AMENDMENT TO THE AMENDED NEWPORT DUNES SETTLEMENT
AGREEMENT (C -2394) AMONG THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
WATERFRONT RESORT PROPERTIES L.P., AND NEWPORT DUNES MARINA, LLC,
LOCATED AT 1131 BACK BAY DRIVE (PA2012 -080). (38/100 -20121
Community Development Director Brandt presented details of the report, including negotiations to
clarify terms of the existing conditions on the property and some of the provisions where there have
been ambiguity relative to fees paid on the remaining obligations. She addressed the property
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City Council Minutes
July 10, 2012
location, boat slips, key changes within the Settlement Agreement, and the concept plan for the
Newport Dunes. She noted that the proposed amendment clarifies the amount of remaining trip -fee
obligation in conjunction with the construction of the Family Inn. She reported that a settlement
payment will be required when the agreement is executed to cover the cost for outside counsel and
staff time for the preparation of the amendment. She pointed out that a request for continuance was
received from representatives of the Dover Shores Community Association, and that correspondence
was received from Robert Hawkins regarding the California Environmental Quality Act (CEQA)
determination. She noted that staff is recommending that the proposed Settlement Agreement be
found to be categorically exempt from CEQA as a Class 5 exemption based on a minor change in the
land use limitations. r'%
In response to Mayor Gardner's question regarding charter boats, Andrew Theodorou, General
Manager of the Newport Dunes, reported that they currently have four Duffy boats and a couple of
fishing boats. He reported that the Duffy boats belong to Newp ru v Dunes and they would like to
continue to use them. He noted that they have no interest in allowinglabge party vessels to enter the
area. Regarding Recreational Vehicle (RV) parking spaces, Mr. Theodorousreported that rental spaces
are limited during the week and that weekends are,. usier.,pHe added that parking is for daily, boat
launch trailer use.'
Council Member Henn asked about the definition
defined "charter" and reported that charter use
addressed the sizes of vessels and reitez
smaller vessels with a capacity of up to i
Bert Ohlig stated that the area is put
concerns regarding not completely defini
Dunes is conducting business, and with 1
noise study and assumptio�nbTZade. He a
study was conducted, and believed that
more than what the study suggests. He
and asked for assist�tar e to ensure that 1
changes are made. In
V_ ddition- h_repor
concern with the. -lack of compliance ` y N;E
Dan
and expressed
that they aie'
e individuals.
�r" and the hours of use. Mr. Theodorou
allowed 6:00 a.m. until 10:00 p.m. He
of interested in allowing party boats, but
tidelands designated for public access. He expressed
the change's; discrepancies regarding the way Newport
recommendations`�He also expressed concerns with the
essedAbe proximity-to residences and the area where the
imdllevels affecting his property would be considerably
[u`
ested a definition of what constitutes a charter vessel
,port Dunes complies with current conditions before any
there was no outreach to the community and expressed
art Dunes to date.
of boats in the Harbor, encouraged low- impact uses on the
and- switch type projects.
Anders 61kedal stated concerns with noise levels and the lack of compliance by the Newport Dunes
with their`�eurrent agreement. He spoke in opposition to the use of fishing charters early in the
morning and`_,cequested clerar definitions. He addressed clubhouse use for private parties and
requested that Council continue the item until some of the issues raised are resolved.
Warren Parchan, heado,of the Beach and Architectural Committee for Dover Shores Community
Association, expressed concerns with the use of paddle boats and kayaks entering private waterways
and beaches, as well as noise and liability issues.
Robert Hawkins, attorney representing several groups; referenced his comment letter and the
Settlement Agreement relative to the entitlements. He reported that the staff report reiterates what
was in the original Settlement Agreement and updated in 1990, but indicated that there has been no
environmental review since that time. He believed that the proposed Family Inn and restaurant uses
need environmental review and addressed noise and traffic issues. He stressed the need for full
analysis of potential impacts.
Mark Miller agreed with the need to review noise impacts.
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July 10, 2012
Ken Kramer, Attorney representing the applicant, noted that the amendment was initiated by the
City, not the property owners. He reported that the current owners acquired the property in 2002
and that the issues were associated with the prior owners. He stated that the City requested that
Newport Dunes document what was currently on the property and addressed the process. He
addressed the purpose for the charter boat request, reiterated that the owner's do not anticipate
allowing large charter boats in the area, and noted that there are existing physical limitations but
stated this is not a critical requirement. He reported that the main issues in the document were
established by the City which included establishing a square footage limitation as per the General
Plan and determining what had happened with the fair -share and traffic phasing fees. He
acknowledged resident concerns regarding noise and use of the tent. "�
In response to Mayor Gardner, Mr. Theodorou noted that the marina clubhouse is solely for the use of
marina tenants and closes at 10:00 p.m. He affirmed that people `an rent kayaks and paddle boats,
and instructions are provided to the renters; however,tadditional,information will be included
regarding the prohibition of using private beaches and waterways.
In response to Council Member Selich's questions, MrZ&amer affirmed the' tem was initiated by the
City and addressed issues regarding the restauran6s He addressed the number boat trailer spaces,
parking for overall uses, and parts of the originahagreemeg that have not been built;
In response to Mayor Gardner's question regarding the need for additional environmental analysis,
City Attorney Harp stated that additional environmental analysis is needed only if there are
significant changes. In this case, it is notnti. ed
eed. ��
Council Member Henn noted that there'4a a requirement thatamplified music be within certain
decibel levels, and asked about the City's role in mitigating the issue and compliance with the
Agreement. Community Development Director Brandt st'ate`d; that the Settlement Agreement does
not supersede the City's �noise lordinance asVitrelates to any type of activity on the property. She
addressed the types of.permit processes for amplified sound, including a special events permit, which
allows bundling, and -a permit i8sued through the Finance Department for any type of outdoor use for
amplified noise. She reiterated that the City's noise ordinance and standards remain in place, and
added that the additional measures will be beneficial but do not supplant the City's ordinance.
Further, she reported that nos plasntc.are_.iandled within the City's Code Enforcement process
and that�tlie'Ciiy lias protocol for address g -these types of complaints. She added that there are
additional standards within the Settlement Agreement that require the property owner to keep noise
at appropriate levels.
Selich noted that any' type of charter operation would also need to get a marine.
permit.
Motion by Council Member Selich, seconded by Mayor Pro Tern Curry to a) determine that
the approval of the�Second'Amendment to the Amended Newport Dunes Settlement Agreement is
exempt from the California Environmental Quality Act (CEQA) under Section 15305 of the CEQA
Guidelines - Class 5 (Minor Alterations in Land Use Limitations), and direct staff to file a notice of
exemption; b) approve the Second Amendment to the Amended Newport Dunes Settlement
Agreement between the City and the County of Orange, Waterfront Resort Properties L.P., and
Newport Dunes Marina, LLC; and c) authorize the City Manager to execute the amendment.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
16. INSTALLATION OF BICYCLE SHARED LANE MARKINGS (SHARROW) ON COAST
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City Council Minutes
July 10, 2012
HIGHWAY IN CORONA DEL MAR. [100 -20121
Public Works Director Badum reported that the item was requested by the Citizens Bicycle Safety
Committee who is requesting that Council consider the installation of Sharrows through Corona del
Mar, as well as creating an outreach and education program. He provided a description of Sharrows
and noted that they are being considered to be installed on a portion of Bayside Drive. He utilized a
PowerPoint presentation to address the promotion of roadway sharing for motorists and cyclists, the
possibility of reducing dooring accidents, and the potential issues that could be mitigated through
education. He presented an example of how Sharrows would work in Corona del Max, addressed zone
protection, and discussed the addition of signs. r
Mayor Gardner reported that she leads the Citizens Bicycle
voting member, and expressed concerns that Sharrows in
encouraged residents to access www.streetsmartsmarin.org;,
bicycle safety. 1 v
Council Member Selich reported that he frequently
Mar has two lanes where Bayside Drive has one-'
road and believed that it is not a fair comparison
type of road
In response to Council Member Hill's question, Mayor
35 mph.,\'_,
Committee meetings but is not a
e drivers more aggressive. She
ro¢ides educational resources for
yside Drive and noted that Corona del
r, Bayside Drivetiia, a small, cramped
Coast Highway (PCt1) because of the
noted that the speed limit on PCH is
Discussion followed regarding existing cuf!vature 6f-RCH posing`alded risks. Public Works Director
Badum reported that there are curbed areas but therer_is adequate site distance.
Michael Alti, Member of the-Bicycle Safety Committee, stated that there is a misconception by the
public that members of the Bicycle Safety Committee are biased bicyclists, but emphasized that the
Committee strived to balance Ahe needs of cyclists and motorists in order to maximize safety. He
noted that bicycles have. the same rights as motorists to use the roads. He referenced applicable
,\N- Ij
General Plan policies regarding., bicycles and reiterated that the basic issue is to provide balance,
clarify law, and,maximize safety. , -
Tony Pefros, Member of Abe Bicycle Safety Committee, reminded Council of the Committee's mission
and.joals. He noted that`the Committee was directed to look at specific issues, presented solutions
for those issues, and reported, that Los,`ringeles and San Diego recently installed 20 -mile8 of Sharrows
within each of their cities. He addressed reductions in incidents and the need for education. He
requested that Council approve the Committee's recommendations.
Discussion followed regardrf_ig green lanes installed in the City of Long Beach and other cities.
rl
1'
Paul Glowienke spoke�6n behalf of the Corona del Mar Residents Association and presented a letter
from the Association encouraging Council to approve the installation of Sharrows in Corona del Mar.
Robert Kahn, Member of the Bicycle Safety Committee, noted that installation of Sharrows is
consistent with guidelines in the California Manual of Traffic Control Devices. He addressed the
reduction of " dooring" accidents and encouraged Council to approve the item.
Barry Allen encouraged Council to post signs regarding unsafe conditions for bicyclists along Corona
del Mar if Sharrows will be installed. He expressed concerns with the width of the streei and believed
that Sharrows are not appropriate for the area. He addressed high traffic areas and laws that favor
bicyclists, and stated that Sbarrows are not in the Code. He presented his background in defending
bicycle - related cases, expressed concerns with possible litigation towards the City related to bicycle
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City Council Minutes
July 10, 2012
accidents, and suggested that the City seek immunity for Sharrows through legislation.
Dan Purcell took issue that Mr. Allen was allowed to go over the 5 minute time limit.
Mark Goodly presented his testimony as a survivor of a recent traffic bicycle accident, believing that
the accident could have been avoided had Sharrows been installed. He recommended installing
additional signage and encouraged Council to approve the item.
David Huntsman reported he normally rides on Bayside Drive and has never had problems with
angry motorist unless there has been one car behind him who wants to pass. He believed that
Bayside Drive drivers seem to drive faster than on PCH and felt that Sharrows on Bayside Drive are
not A good Sharrows experiment. He referenced statements from Visit Newport Beach, Inc. (VNB)
regarding the number of overseas visitors to the City and believedzthat these visitors expect to see a
cycling - friendly main street in Newport Beach. r
Brenda Miller requested that Council approve the
She believed that Sharrows are a cost- effective c
safety. j
Sean Matzler, Member of the Bicycle Safety Comi
Los Angeles. He noted that bicyclists will ride on
to approve the item.
Susan Goodly stated that she is not aa,ccinbe
Sharrows provide a visual marker cue foci, mot
educate drivers to be aware of cyclists. I
Motion by Mayor Pro TemsCurrv, secondei
the letter to the Newport Beach City Council ur
Bicycle Safety Com uttee; b) direct staff to pn
Highway from MacArthur Bociievard to Poppy
program, as recommended!:by ificAGitizens Bicy
Council, approve, inctallat on,rd Shai•iov,s�on, -(
Avenue per-1 guide lis ec of the-California Man
addressed safety for all roadway users.
tion tool that promotes awareness and
discussed green lanes in Long Beach and in
with or without Sharrows, but urged Council
about rights as she is with safety, and that
;and provides; a margin of safety in that they
v Council Member Selich to a) receive and file
port of installation of Sharrows from the Citizens
;d with design of Sharrow deployment on Coast
enue and creation of an outreach and education
Safety Committee; and c) as desired by the City
t Highway from MacArthur Boulevard to Poppy
of Traffic Control Devices,
Tem Curry commentedbri'possible liability issues and inquired whether the installation of
reates additional,liability forjthe City above what may exist today.
City Attorney,Harp noted that it provides design - immunity and that staff has done what it can do to
help limit the' Gdity's liabilities.
Discussion followed.regardd ng possible traffic violations related to riding too slowly and providing
education regarding the installation of Sharrows.
Council Member Hill indicated that he supports the installation of Sharrows. In response to his
question, City Attorney Harp addressed related immunities.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich,
Council Member Henn
Noes: Council Member Rosansky
Absent: Council Member Daigle
17. REQUEST TO REPLACE EXISTING PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-
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City Council Minutes
July 10, 2012
OF -WAY AT. 1540 OCEAN BOULEVARD. 1100 -20121
Public Works Director Badum reported that the homeowner has requested permission to install
pavers within the public right -of -way in the parkway in front of their home. He presented
background, addressed a previous encroachment approval, and referenced Council Policy L -18
(Protection of Water Quality: Drainage - Public Rights-of- Way) to provide an opportunity for runoff to
percolate into the ground instead of going into the gutter. He stated that the idea was to require at
least 75% of permeable area with the exception of driveways and carriage walks, and reported that
the particular property has proposed to have two tree wells that represent about 22% of the overall
space. He added that they are deficient in the area they have for permeable area in their parkway.
He reported they had a contractor remove the pavers with the idea of removing the trees and have
already started their work without the benefit of a permit. While they have negotiated with the
urban forester to replace the trees, they would like to install 'flagstone fl,a � stone
pavers throughout their
driveway which would violate Council Policy L -18. Public'Works Director Badum reported that the
homeowner is requesting a waiver of the policy; howe ,,erhe indicated there is no ground to grant
their request. /r N, ti
Council Member Selich inquired whether the I
Director Badum reported that the Policy doee
hardscape has been eliminated. He added that
attempts to minimize its use.
is followed on all City medians. Public Works
apply to medians and noted that a lot of the
=,is some hardscape needed in medians but staff
t�
Council Member Henn clarified that the {rea -is just parkway \ and that there is no driveway across the
parkway.
Mayor Gardner stated that Council Policy L_18 is a go6'd- 1�61icy, is of green streets, and should be
maintained. She reported that she will be supporting staffs recommendation to deny the waiver.
y
Motion by Council Me' beri osanskv, se o ed by Mayor Gardner to deny the request since
it does not comply with the intent of Council'P`olicy L -18 to minimize dry- weather runoff and runoff
from small rain eventsAo improve water quality and to allow urban runoff to percolate into the earth
before entering the City's ' Ftree�tdsainage system\'
The
Ayes;-% Council Member
G-. ,Council Member
Noes: Cquncil Member
Absent: Council Member
roll call
Pro Tern Curry, Mayor Gardner, Council Member Selich,
18. PROFESSIONAL \,SERVICES AGREEMENT WITH FOX LAWSON AND ASSOCIATES TO
CONDUCT A CITY`WIDE CLASSIFICATION AND COMPENSATION STUDY (C- 5176).
[281100 -20121 \ \�)
Assistant City Manager Smith reported that the proposal is to conduct a classification and
compensation study of all City positions. She reported the impetus behind this was to reset job
classifications and reported that the City has never conducted such a study. She referenced Council's
compensation philosophy and noted that there have been layoffs, that the City has reduced the size of
the organization, and that many positions have been added through the years. She noted difficulties
in internal consistencies throughout departments as the positions have been added. She reported
that a classification study would provide a systematic way to evaluate the needs of the modern
organization and that the methodology will provide a concrete way to reset the City's classifications.
Bruce Lawson, Fox Lawson and Associates, reported that the study would provide a comprehensive
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City of Newport Beach
City Council Minutes
July 10, 2012
view of all City positions from a classification standpoint, as well as re- examine the way compensation
is delivered. He addressed the project duration and the resulting outcome.
In response to Council questions, Mr. Lawson noted that the study will also include a comparative
analysis which would include cash compensations and benefits. He confirmed that the study will
encompass all City positions, including public safety. Additionally, there will be a compensation
strategy for the Department Director positions.
Motion by Council Member Henn, seconded by Council Member Rosanskv to approve and
execute the Professional Services Agreement with Fox Lawson and Associates, a Division of Gallagher
Benefit Services, Inc. (FLA) to conduct a comprehensive citywide and compensation study, not to
exceed $115,000. Jl
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosanskv; Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn - ,
Absent: Council Member Daigle
19. PROPOSED ORDINANCE DESIGNATING
(VHFHSZ) IN THE CITY OF NEWPORT BE
Mayor Pro Tem Curry recused biiiisebf, from
residence was previously designated ikthe VI
Fire Chief Poster presented an update "ar
wildfires. He addressed the purpose of the or
various zones, and the proposal for the Neva
noted that the revised map will1be submitted
that it will not oreventall fires "but rather a a
FIRE HAZARD SEVERITY ZONE
and left the dais because his
ed the tremendous costs .related to combating
rr t.
e „previous consideration by Council, maps of the
ach Local`-Responsibility Area for VHFHSZ. He
State as the Newport Beach VHFHSZ. He noted
Discussion ensued regarding the changes and components of being in the VHFHSZ, as well as fuel
mitigation and identificatfo_n,of the aress.
Robert Hawkins, atto`rne'y representing various-clients within the City of Newport Beach, indicated
that he submitted comments relative to the environmental determination and commended Chief
Post 4or his work, but expressed tbucern that the environmental determination is incorrect and
adds sled• environmental impacts to thelareas. He suggested performing an environmental analysis.
City Attorne`yHarp reported that certain findings were needed in order to reduce the amount of the
fire zone and noted that lesstregulations are being applied to certain areas and that the area has been
decreased so, therefore, there will be no increased environmental impacts to those zones.
Motion. by Council Member Rosanskv, seconded by Council Member Henn to a) introduce
Ordinance No. 2012 -15, designating Very High Fire Hazard Severity Zones within the City of
Newport Beach, and pass to second reading on July 24, 2012; and b) find Ordinance No. 2012 -15 is not
subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code
Section 21080(b) (1) and CEQA Guidelines Section 15268(a) because the City's adoption of the
ordinance is mandated by Government Code Section 51179(a), further find the adoption of the
proposed VHFHSZ map via Ordinance No. 2012 -15 does not cause significant public safety issues
based upon the substantial evidence contained in the record and the activities required of a person
who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be
within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion
of the City. The adoption of the ordinance is therefore ministerial. To the extent that provisions of
Ordinance No. 2012 -15 are considered discretionary decisions due to the exclusion of certain areas
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City of Newport Beach
City Council Minutes
July 10, 2012
from the map as submitted by the Director of the California Department of Forestry and Fire
Protection ( "CAL FIRE "), the excluded areas will not be affected by the adopted VHFHSZ map or fuel
management activities directly resulting there from, and therefore, there will be no impact to the
environment in these excluded areas. Furthermore, find Ordinance No. 2012 -15 is exempt from CEQA
pursuant to CEQA Guidelines section 15304(i), which applies to fuel clearance activities within one
hundred feet (100') of a structure.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor
Council Member Henn
Absent: Council Member Daigle
20. RECOMMENDATIONS FROM THE CHARTER UPDA
City Manager Mff noted that there was a previous presentation during
Assistant to the City Manager Houston presented-an update on the
Council requested further discussion. \f
Council Member Selich,
(331100 -2012]
Study Session.
Sections that
Regarding Charters Sections 402 -A (Compensation); 4.02 -B (Reimbursement and Expenses), and 404
(The Mayor. Mayor Pro Tempore), Mayor Pro Tem du'ry,-wanted to assure residents that Council
compensation is not being increased but Chat the item clarifies the current compensation. Assistant
to the City Manager Houston affirmed that ihere,is no increase -and there is no change other than for
clarification purposes. He noted that the adjustments will be per'Consumer Price Index (CPI) or 5 %,
whichever is less. L r� tij
Assistant to the City Manage addresse&Section 407 (Regular Meeting) and the number of
Council meetings to be,-h4ld, reporting that the change recommends two meetings per month except
for the months of August and December, where there will be at least one regular meeting in each of
those months. `,ti i� %
Following discussion,regaicl "ak suchUtime' iin,Section 407, it was the consensus of Council that the
Assistant to the City Manager Houston highlighted some of the concerns regarding Section 708
(Board of Library Trustees Powers and Duties). Mayor Gardner recommended overriding the
Charter FJpdate Committee and staying with the existing language.
Council Member, Rosansky noted that Section 708 (Board of Library Trustees. Powers and Duties)
received a lot of Aiccussion and proposed making this matter a separate ballot measure if it is to go on
the ballot. -�tl %1
Mayor Pro Tern Curry expressed support for the Committee's recommendation and discussed reasons
why the City Manager should have control over Department Directors, including the Library Services
Director. However, he also agreed with Mayor Gardner's suggestion to leave the Charter Section
unchanged and wove forward with the rest of the Charter amendments.
Council Member Selich believed that the Committee was correct in its recommendation, but that the
community feels otherwise. He indicated support for keeping the language unchanged.
Council Member Henn agreed that from a management sense, the Committee got it right but he
stated that the community is not ready to be swayed by this change. He indicated support for leaving
the existing language unchanged
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City Council Minutes
July 10, 2012
Council Member Hill expressed his support for the Committee's recommendations.
Assistant to the City Manager Houston discussed recommendations regarding Charter Section 709
(Parks, Beaches and Recreation Commission. Powers and Duties). City. Manager Kiff agreed with a
comment from a previous budget meeting regarding the importance of being able to have the
Commission review the budget. He believed that there is no reason why the Commission should not
review its budget, but questioned whether this should be included as part of the Charter.
Assistant to the City Manager Houston addressed Section 1114 (Clai}sis and Demands) and Acting
Assistant City Attorney Torres referenced a recent case in the Citv�Vuf Los Angeles relative to class
action claima/lawsuits and recommended adopting a prohibition qr class action claims/] awsuits.
Discussion followed relative to concerns that the Charter Section might will curtail a citizen's right to
file a claim against the City. Assistant to the City Manag'Houston noted that this does not prohibit
individual claims against the City, but will discourage sss action claims /lawsuits.
Assistant to the City Manager Houston presentedYlanguage ! relative to a new Charter Section which
would prohibit red light cameras in the City. ff .
Mayor Pro Tem Curry reported that a lot of cities he
addressed a possible trust issue between the City
appropriate to add this item to the Charter, amendn
of technology abuse. He suggested amendirig,_tha pr
toll roads, but believed that red light cameras have r
Council Member R
whether this issue
this is within the
enforcement can be
Paul
are in atten
the process
George Schroeder expn
Trustees. Powers and D
anytime. He indicated
Elizabeth Stahr
(Section 708), be
idt;d to the disco,
of ?what is being
in the proposed h
�Iadopted prohibitions on red light cameras and
nd_ community. He believed that it would be
nts�tio`�ve citizens protection against this kind
)osed language to eliminate language regarding
,place in ih `City.
Tor Pro Tem Curry's comments but questioned
City Attorney Harp expressed the opinion that
ed. He stated that an exception for toll road
Charter Update Committee, noted that many of the Committee
ated that this was a learning experience for him. He thanked staff
Laf,public input.
: oncerns relative to amending Charter Section 708 (Board of Library
and noted that Council could appoint new Board of Library Trustees at
-t for leaving the Section unchanged.
cilto keep the language regarding Board of Library Trustees unchanged
the current system works well.
Dan Purcell stated that times have changed and believed that that Board of Library Trustees
meetings could improve. He expressed support for the Committee recommendations relative to
Charter Section 708 (Board of Library Trustees. Powers and Duties), but expressed concerns
regarding class action lawsuits (Section 1114), Council meetings (Section 407), and red light cameras
(proposed new Charter Section).
Jim Mosher believed there is lack of direction as to how the Charter can /should be amended. He
expressed concerns regarding Council stipends (Sections 402 -A, 402 -B and 404), and the deletion of
Sections 103 (Continuance of Present Officers and Employees) and 105 (Pending Action and
Proceedings). Regarding the proposed new Charter Section 402 (Compensation), he questioned
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City Council Minutes
July 10, 2012
whether compensation is a reimbursement for expenses or salaries. He further commented on
locations of meetings (Section 407 — Regular Meeting), Section 410 (Quorum. Proceedings), allowing
ordinances to be adopted at special meetings (Section 412 — Adoption of Ordinances and Resolutions),
changes in contracting (Section 421 — Contracts. Execution), and City Manager Pro Tem (Section
507).
Robert Hawkins expressed opposition to the Charter amendments, stating that there was no
justification or reason why the Charter should be amended two years after it was updated. He
believed this has been done with little thought, and addressed the class n action lawsuit issue (Section
1114 and Sections 421 (Contracts. Execution and 1400
(Definitions) regarding approval of
contracts. j!
Regarding Charter Sections 421 (Contracts. Execution) and 14001(Defrnitions), City Attorney Harp
addressed delegation of authority and clarified what is alreadyallowed in the Charter.
Rhonda Brown - Watkins commented on the amount of time that was expended during Charter Update
Committee meeting deliberations. She reported attending all the meetings "with the exception of one
and stated that she was impressed by the depth an'& extent' -of knowledge of the1Gommittee Members,
as well as the time they put into their efforts. 11f
Council Member Selich expressed opposition to including a prohibition of red light cameras in the
Charter.
Regarding Section 709 (Parks, Beaches and- Recreation Commission. Powers and Duties), Council
Member Henn stating that the he sees noTea on why Ghe Committee's recommendation should not be
accepted and why presenting the budget tm e Park caches aitd7Recreation Commission needs to
be mandated in the Charter.
Motion by Council Me b r Hill, seco nded-by Council Member Rosansky to approve the
recommended actions presented in the 2012 barter Update Committee report for inclusion in a
ballot measure for the November 6, 2012 General Municipal Election, but take separate actions
relative Charter Sect nO08 (Library Board of�Trustees. Power and Duties), Charter Section 709
(Parks, Beaches and Recreation- ('oiiimission. PA'ers and Duties), and the proposed Charter Section
relative to thg:prohihition ofrerd! light cameras :n;'rtlie City of Newport Beach.
The mo €ion carried by thi
1.�
Ayes:`Council Member
C'c,Vncil Member
Absent: Council Member
Charter Sectoin 708
a ballot measure for
call vote:
Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Henn
n Curry, seconded by Mayor Gardner to leave the current language in
of Library Trustees. Powers and Duties) unchanged and not include it in
ember 6, 2012 General Municipal Election.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
Motion by Council Member Henn, seconded by Council Member Selich to approve the
recommended language for Charter Section 709 (Parks, Beaches and Recreation Commission. Power
and Duties) as provided in the 2012 Charter Update Committee report for inclusion in a ballot
measure for the November 6, 2012 General Municipal Election.
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City Council Minutes
July 10, 2012
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to approve the
amended proposed Charter Section language relative to the prohibition of red light cameras in the
City of Newport Beach for inclusion in a ballot measure for the November 6, 2012 General Municipal
Election.
i
The motion carried by the following roll call vote:
�l
Ayes: Council Member Hill, Council Member Rosansky, May ro 1Pro Tem Curry, Council Member
Henn f•2\
Noes: Mayor Gardner, Council Member Selich
Absent: Council Member Daigle
In response to City Attorney Harp's question relative to the number of ballIeasure questions that
should be presented to the voters, it was the cohs'ensus,of the City Council to bri`n�` only one question
forward to the electorate for the November 6, 2012Teneral Municipal Election.
City Manager Kiff thanked the public and staff for their articipation.
XVIII. MOTION FOR RECONSIDERATION - Ntotiee -'
XIX. ADJOURNMENT - 10:53 p.m
The agenda for the RegularrWeting was posted`lon July 5, 2012, at 4:50 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building.
f,,
+z
1
l?
J
City Clerk
Recording Secretary
Mayor
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City of Newport Beach
City Council Minutes
July 10, 2012
11�tcivi, wtilCri ENDS JUNE 30, 2013. [100 -20121 a) Since the City Council made
appointments to the City Arts Commission and other Boards and Commissions at the June
26, 2012 City Council Meeting, waive Council Policy A -2 relative to the procedures for
handing unscheduled vacancies; b) appoint a new member to the City Arts Commission to
fill the unexpired balance of City Arts Commissioner Robyn Grant's term, which expires on
June 30, 2013, from the list of applicants that have an application on file with the City
Clerk's Office or any person that submits an application by 1:00 p.m. on Friday, July 20,
2012; and c) make the appointment to the City Arts Commission at the July 24, 2012 City
Council meeting.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to approve the
Consent Calendar, except for the items removed (Items 5, 10, 12 and 13); and noting Council
Member Henn's abstention on Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayo" " r P;Pm Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
.Absent: Council Member Daigle �
XIII. ITEMS REMOVED FitnM THP. nnntc�+vm nAT c+ Tl.�
5. APPROVAL OF AMENDMENT NO. 6
WITH SCHMITZ & ASSOCIATES FOR
[381100 -20121 v
Jim Mosher referenced the staff
the duties rather than an outsid
work and referenced the Calif(
rendered. n
Amendment No.
Malibu, Californ
support services,
Clerk to execute Ti
City Attorney Har
for additional and
other rules.
SERVICES AGREEMENT
VG ASSISTANCE (C- 4546).
Prrdssed the opinion that staff should be performing
He also expressed concerns regarding the quality of
ition regarding compensating for services already
-- - - -��� ............nemoer nosansky to approve
aional Services Agreement with Schmitz & Associates, Inc. of
Coastal Commission application preparation, processing and
contract cost of $52,825, and authorize the Mayor and the City
led that the contractor is not being paid twice for the same services but
work. Therefore, there is no violation of the State Constitution or any
The motion carried by the following roll call voter
amended - -> Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
10. LIBRARY STAFF RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL OF
CITY COUNCIL POLICY MANUAL LIBRARY SERVICES POLICY 1 -2 - USE OF THE
NEWPORT BEACH PUBLIC LIBRARY. [100 -20121
Jim Mosher noted that the Council Policy number was incorrect and pointed out that the proposal
has been approved by the Board of Library Trustees. He referenced the City Charter and believed
that Library Policies are not subject to approval by the City Council or staff.
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City Council Minutes
July 10, 2012
AY —lager rill referenced the various City Council Policies regarding the Library and stated
that it is appropriate for the City Council to continue to approve them.
George Schroeder encouraged Council to approve the item.
Dan Purcell commented on Board of Library Trustees meetings and expressed concern that the
Central Library lacks adequate bicycle racks.
Motion b Council Member Curr seconded by Council Member Rosansky to approve
revisions to Council Policy I -2, as approved by the Board of Library Trustees at their December 5,
2011 Board Meeting, and by the City Attorney's Office on December 22, 2011.
The motion carried by the following roll call vote:
Amended - -> Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
12. VISIT NEWPORT BEACH, INC. (VNB) (C -5177) AIITD N�RT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT (NBTBID)NUAL�REYORTS. [38%100 -20Y2J
City Manager Kiff introduced the item and defersed_to 7( y Sh /7 ��w
(VNB). in of Visit Newport Beach, Inc.
/�`\ \\
Gary Sherwin, VNB, provided an upda? \on�th` in�istry noting it is doing very well. He
acknowledged and introduced Members of the %Xx cvve Committee and volunteers. He utilized a
PowerPoint Presentation which detai'lad_ the -fizc l year hotel performance, VNB's brand promise,
and the police hospitality trai `ngNPrroogr m In addition, he announced that the Bowl
Championship Series will be hoed by the City of Newport Beach in January 201.4 and noted the
event's related economic in pacts'�He dressed the Newport Beach Tourism $usiness
Improvement District (TBL ), gr p om:%night bookings, TBIll return on investment, Transient
Occupancy Tax (TOT) bud `the`2({iZ -13 organizational priorities, publications produced by
VNB, gthe new kiosl �tor,es online initiative, mobile applications, various advertisement
strategies, and address d u;a \jing goals and plan.
Council Member -en co ended Mr. Sherwin and addressed the organization's broadening of
its mission as a coplur).unity marketing organization, as opposed to a visitor bureau approach. He
suggested includinlg�'Te results of the performance measures in next year's presentation, as well as
prior year's comparisons on budget numbers.
Mayor Pro Tem Curry congratulated Mr. Sherwin on the success of the organization and
commented on the importance of the efforts of the organization.
Council Member Hill expressed his appreciation to the Board for the work performed.
Jim Mosher thanked City Manager Kiff for improving the contract with VNB to require reporting
and transparency, and reminded the VNB Board of their requirements to file other reports. He
commented on the reported decrease in the number of visitors to the City in previous years and
their plan to fund its annual meeting. He addressed Brown Act compliance issues regarding TBID
meetings. Tom Johnson, Chairman of the Board for VNB, clarified the amount that is budgeted
for VNB's annual dinner, noting that it is a one -time per year meeting where the entire community
is engaged to review plans for VNB. He noted that there is no obligation for the public to attend
their meetings, but that they are allowed, and stated that the organization strives for all the
transparency it can.
Motion by Council Member Hill seconded by Council Member Henn to a) approve the
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