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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 August 13, 2013 CITY OF NEWPORT BEACH City Council Minutes Study Session July 23, 2013 — 4:30 p.m I. ROLL CALL - 4:39 p.m. Present: Council Member Gardner, Council Member Petros, Mayor Pro�Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council'Membe %Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR Regarding Item 3 (Resolution Declaring Intention't(3,Enter Into an Operating Agreement for the Management of the City's Oil, Gas and Other Hydrocarbon Resources), Council Member Daigle indicated that she is interested_ n� learning about the new approach and requested a report during the Regular Meeting. In response to Council Member Gardrier's quest" ion regarding Item 7 (Acquisition of Rule 20A Credits from the Citysof Mission Viejo)%Public Works Director Webb reported that the City has several Ru//le�20A projects that could use this, such as the upcoming Balboa Boulevard Project. // Il 1 Regarding Item 10 (Approval -of an.Agreement for Sewer Video Inspection Services), Council Member Gardner noted discrepancies- in_the prices offered by the bidders and questioned the ability of the wing bidder to provide the required services at the bid price. Municipal Operatio s Director Harmon addressed the Request For Proposals (RFP) and scope of the project, and noted the ?t all of the bidders confirmed that they understand the scope of work. Council Member Petros reporizd that he had the same concern and expressed confidence that khe City will not Pe receiving change orders from the winning bidder in the future. In respoMe to Council Member Petros' questions regarding Item 6 (Building Inspection and Plan Review- Service), Community Development Director Brandt reported that, when budget estimates were prepared, staff anticipated the need for two full -time Building Inspectors at an approximate cost of $130,000 per inspector in order to meet the City's current demands for building inspections. Additionally, staff anticipated the need for additional plan check services at an estimated cost of $100,000. Regarding Item 11 (Approval of an Agreement for Landscape Maintenance of Parks and Facilities), Mayor Pro Tern Hill questioned the one -hour response time requirement for emergencies since the provider is located in Riverside. Utilities General Manager Murdoch indicated that the company is located in Riverside; however, their streetlight operation is based out of Anaheim. He added that, under the on -call provisions, their employees must be within one -hour of the City and that travel time is not paid for. 2. JULY 4TH UPDATE [100 -20131 Volume 61 - Page 231 City of Newport Beach City Council Study Session July 23, 2013 Recreation Superintendent Levin thanked the members of the Fourth of July Committee for their efforts in coordinating the annual Fourth of July is for Families events, as well as the Newport Beach Police Department, residents, and Council Members who attended. He also addressed park activities, the Mariner's Independence Day Parade and Celebration, and the Mariner's School Foundation. Deputy Police Chief McGill provided a PowerPoint presentation, reported on the Police Department's enforcement philosophy, and highlighted details of thefoperational plan. He noted that the number of party houses has decreased, but the number of visitors continues to increase. He presented statistics relative to the number of citations issued and arrests, costs, participation by outside agencies, education efforts, com�mum'ty outreach, types of offenses, the number and types of calls for service, and trends Council Member Henn commended everyone on the the number and types of calls for service, as we Gathering Ordinance (LUGO) citations. He also e and Senior. Services Department and to the Pe indicated that the only complaints he received_�w Saturday. Deputy Police Chief McGill reported On the process of the education efforts. He addressed successes, trash pick -up, things that could be improved and nE made ove`rAhe years relative to number ofN%0ud and Unruly used his appreciation to Recreation Department for their efforts. He. about the lack of trash pick -up on with LUGOs and the impact between City departments, George Schroeder expressed his appre'eiatiori to Council Member Henn for his efforts in making the day family fri redly and commented positively on the LUGO efforts. He believed that this was the beesstt %improvement he has seen and acknowledged the Police Department's efforts. %� 1�� 4th Jim Mosher congratulated- City - staff :the successful events. He noted that the July 4 West Newport - Safety Planning Committee has not met since last year and suggested that Council, g ve d ction to staff to coordinate next year's events through the Committee. Ricliard Bergstrom, 1P,residentlo£ the Newport Marina Villas Homeowners Association, le commended the Police Department for their efforts and commented positively on the transfgrm, ation in making the event family - friendly. Police Chief�zohn n thanked Deputy Chief McGill and Police Captain Johnson for their work and efforfs„on July 4 , and noted that LUGO was brought forth as a result of Captain Johnson's initiation. Mayor Curry discussed the significant and measurable improvements made, and commented positively on the efforts of all involved in making the events safe and successful. 3. OVERVIEW OF FACILITIES FINANCIAL PLANNING PROGRAM (FFPP) [100- 2013] Finance Director Matusiewicz utilized a PowerPoint presentation to discuss the Facilities Financial Planning Program (FFPP) and Planning Tool, address the purpose of the annual review, highlight meetings with the Finance Committee, and discuss the importance of the program, applicable governing documents and policies, and details of the process. He Volume 61 - Page 232 City of Newport Beach City Council Study Session July 23, 2013 presented a list of priority projects, noting that they are all cash - funded. He reported that the new Police Department Headquarters is requiring some debt, but future contributions will eliminate the need for further debt. He addressed past funding sources, key metrics and statistics, debt service, and cash flows related to the Facilities Finance Program (FFP) balance. Mayor Curry stated that, due to the completion of the Civic Center, the City is now able to build two significant parks, replace Fire Stations, and make improvements to the library system and Lifeguard and Police Department Headquarters on a pay -as- you -go basis. In response to Council Member Daigle's question, Finance Director Matusiewicz stated that the City has strong property tax potential and that he onlyesees positive things for the future. Council Member Henn discussed property tax cy expressed the opinion that the City is one of the be: that all of the fundamentals of government area continues to invest in itself and expressed the�neec efficiently to maximize returns. He commlerifled/ developer fees and commended Council Member. Rosansky for the work they did in negotiating deveh be felt for many years. Council Memlier Daigle also efforts. es'in the realstate business. He planned cities in the State and noted ell planned. He noQthat the City to continue this and manage the City taff on its diligence. He addressed Sehch and former Council Member iment fees, noting that the impact will `cknowledged Council Member Selich's Mayor Pro Tern Hill noted that it has'been a team effort and stated that Council had the wisdom to develop a strategic financial plan which has allowed more funds to go into reserves which will help fund the FFPP.��The combination of the finance plan and the FFPP is what gives the City it filnancial strength. Council Member Pet `s reported receivin Lrrespondence relative to concerns about rising budgets. However, he believed =tha_ =if� k'a means that revenues are increasing, he is supportive ofthe- budget`ince the City practices proper stewardship of resources and spends appropriately to re vest in the community. He encouraged the public to learn how Council stewards the City's resources and become educated in the process. J.im�- Mosher referenced the list of priority projects, noting that some of the projects have already been done andf some are beyond the current budget year. He believed that it would be helpf 1 to clarify the extent of the plan. He addressed debt service for the new City Hall and quest of ned if those are structured in such a way that it could be paid off early, at less cost. LCD ii 4. IDENTITY THEFT DISCUSSION [100 -2013] Police Sergeant Krallman utilized a PowerPoint presentation to discuss identity theft, address the negative consequences, and highlight how identity theft can happen. Crime Prevention Specialist Querry addressed steps that can be taken in order to reduce the risk of identity theft, including routine monitoring of credit reports and accounts, using care when giving out social security numbers, and keeping ones property secure. She addressed mail theft and recommended shredding sensitive documents, discussed using care regarding what is shared on social networks, and addressed how to create strong passwords, keeping computer systems up -to -date, keeping data encrypted, and using secure servers when online. Additionally, she recommended using identity theft protection services, discussed Volume 61 - Page 233 City of Newport Beach City Council Study Session July 23, 2013 III. wire fraud, and recommended contacting the Federal Trade Commission (FTC) with complaints. Council Member Petros noted that a packet was provided to Council and suggested placing it on the City's website. He inquired regarding skimming devices and steps that can be taken to limit exposure. Sergeant Krallman explained the various types of skimming devices and what to look for, especially at gas stations. Crime Prevention Specialist Querry recommended using cash at gas stations. In response to Council Member Gardner's question, Sergeant KrallEan indicated that if a resident becomes aware of identity theft, they may contact any enforcement agency and file a report. The agency will then forward the report to the appropriate jurisdiction for investigation. Crime Prevention Specialist Querry emphasize the importance of filing a crime report so an investigation can occur. CLOSED SESSION AGENDA City Attorney Aaron Harp announced items to be Jim Mosher referenced Closed Session Item II.B. suggested providing information about the general IV. ADJOURNMENT - Adjourned at 5:57 p.rdAto The agenda for the Study Session was post. website; on July 19, 2013, at 8:00 a.m. on tba in the entrance of the City Council Chambe 2013, at 7:40 a.m. in the Meeting Agenda 1 Council Chambers at W0\Civic- Center Driv( City Clerk under the Closed Session Agenda. Services and Facilities) and nature on July 18, 2013, at 4:07 p.m. on the City's ity Hall Electronic Bulletin Board located at 100 Civic Center Drive; and on July 19, rder located in the entrance of the City Recording Secretary Mayor Volume 61 - Page 234 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting Julv 23. 2013 — 7:00 n. I. - 4:39 p.m. II. CLOSED SESSION - 5:57 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS Heading Agency Designated R Cassidy, Human Resources Director; Employee Organizations: All Lifeguards (ANBOL); Newport E Employees League (LABEL); New Fire Management Association Newport Beach Part Time Unit 0 Newport Beach Police Managem and Technical Association (NBPT B. THREAT TO PUBLIOSERVI,CES OR Johnson, III. RECESS IV V. ROLL CALL Code Dave Kiff, City Manager and Terri ides: Association of Newport Beach Ocean Dyee `Atisociation (NBCEA); Newport Beach ighters�Association (NBFA); Newport Beach card Management Association (NBLMA); ); Newport Beach Police Association (NBPA); (NBPMA); and Newport Beach Professional (Government Code Section 54957): of Police, Newport Beach Police Department Present: Council MemberZGardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney clarified that in regards to Closed Session Item B, there is no imminent threat to Public Services or Facilities. VII. PLEDGE OF ALLEGIANCE - Council Member Petros VIII. INVOCATION -Mayor Curry 0 - None Volume 61 - Page 235 City of Newport Beach City Council Minutes July 23, 2013 X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XII. XIII. Council Member Daigle reported that the City received a Rose Award for its Pension Reform Program from the Orange County Taxpayers Association as a result of the City's ability to deal with the issue of compensation adjustments. She reported that the City's efforts are consistent with the organization's mission statement and that the application demonstrated measureable results of taxpayer benefit, tax savings or government waste - cutting, and that the City is doing what %t should in terms of standard operating procedures. She added that the City's initiatives preceded anyreforms by the State and read excerpts from the City's application. She detailed accomplishments in terms of labor contracts and Council actions, and highlighted decisions relative to pension reform contributing to the bottom line. She addressed Council's efforts in becoming informed on the subject, its approach, and the City's workforce and leadership cooperation. She added that it is incumbent upon those concerned about this issu to become informed about public safety and compensation subtleties, and th�� ei sues have considerable /impact at the City, State and Federal levels. Council Member Selich announced that a General meeting will be held on July 24, 2013, from 12:30,p addressed items to be considered. He requestekV the possibility of changing the City's practice to r working in brokerage offices. Mayor Curry announced that the second Meet -th Newport Coast Community Center beginning at 9:0 host a "Take Back the Night" program at Spy Glass Additionally, he reported receiving a7note from tl assistance with their Homeowners,Association-in_th Plan/Local�Coastal Program Implementation Committee .m. to 2:30 p min the Newport Coast meeting room and G'scussion to be placed on a future Council agenda about lure ass licen es for independent real estate agents ;Mayor event will take place on July 27, 2013 at the D,s.m. He reported that the Spy Glass Hill residents will Hill Park on August 6, 2013, from 4:00 p.m. to 7:00 p.m. ie`)Jasmine Park Community thanking the City for its evarea of water conservation. Regarding Item�8 (Approval of an Agreement for the Purchase of One Fire Engine), Jim Mosher noted the size of the report and suggested providing a link for the public to access the complete specifications. A. 1. MINUTES FOR THE JULY 9, 2013 REGULAR MEETING. [100 -2013] Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. C. CONTRACTS AND AGREEMENTS 4. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5152. [38/100- 2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; Volume 61 - Page 236 City of Newport Beach City Council Minutes July 23, 2013 b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 5. BAY AVENUE PAVEMENT REHABILITATION - AWARD O [381100 -2013] a) Approve the project drawings and specifications; Grigolla & Sons Construction Company, Inc., of their bid due to award Contract No. 4840 to GMC Engineering, Inc. (GMC) of Tust bid price of $1,399.999.50, and authorize the Mayor and City Clerfi d) establish a contingency of $140,000.50, approximately 10 /per unforeseen work. /( Council Member Henn recused himself since he 6. BUILDING INSPECTION AND PLAN AMENDMENT NO. 2 OF THE AMENI SERVICES AGREEMENT WITH VCA COI Amendment No. 2 of the Amended and Restat Code Group for contract professional services time period of September 1, 2011 to June 30, 20 7. ACQUISITION OF RULE 20A CREDIT!' 4977). 1381100 -20131 a) Authorizel the Understanding (MOU) between the City c documenting details of transaction For of Newport Beach firstQht of refusal to pw Mission Viejo, as it becomes available at authorize staff to( process /jthe Rule 20A cre& the City of Miss ion.Viejo/with- Southern Cali . rJ 9. 789.44. F CONTRACT NO. 4840. b) relieve the low bidder, errors made in the bid; c) in, California, for the total to execute the contract; and cent, to cover the cost of feet of the project. APPROVAL OF eND RESTATED PROFESSIONAL OUP (C- 4936). [381100 -20131 Approve 'essional Services Agreement with VCA amount not to exceed $662,000 for the FROM THE CITY OF MISSION VIEJO (C- . by to execute the Memorandum of 'New port�/Beach and the City of Mission Viejo Is 20A credit acquisition and to provide the City base additional Rule 20A credits from the City of purchase rate of $0.55 on the dollar; and b) transfer between the City of Newport Beach and rnia Edison (SCE). AGREEMENT FOR THE PURCHASE OF ONE FIRE ENGINE (C- Approve an agreement with Pierce Manufacturing, Incorporated, of for the) purchase of one 2013 Pierce Fire Engine for a total cost of APPROVAL OF// TENTATIVE AGREEMENT WITH THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS ( ANBOL) (C- 2058). [381100 -20131 Approve the Tentative�Agreement with ANBOL providing the terms for a successor Memorandum of Understanding( OU), which will be presented in full at a future City Council meeting in August 2013. 10. APPROVAL OF AN AGREEMENT WITH HOUSTON AND HARRIS PCS, INC. FOR SEWER VIDEO INSPECTION SERVICES (C- 5548). [381100 -2013] a) Approve an agreement with Houston and Harris, Inc. for sewer video inspection services, and authorize the Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 14BA- 004 appropriating $67,000 from wastewater fund reserves for sewer video inspection services to the CCTV Maintenance account (5600- 8158). 11. APPROVAL OF AN AGREEMENT WITH INTERNATIONAL LINE BUILDERS, INC. FOR ON -CALL STREETLIGHT ELECTRICAL REPAIR SERVICES (C- 5549). [381100- 20131 Approve an agreement with International Line Builders, Inc. for on -call streetlight Volume 61 - Page 237 City of Newport Beach City Council Minutes July 23, 2013 rol electrical repair services, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE LIBRARY'S FISCAL YEAR 2013 /2014 MAINTENANCE AND OPERATION BUDGET. [100 -20131 Approve Budget Amendment No. 14BA -002 to increase revenue estimates by $12,550 in Account 4090 -5893 (Library Foundation Donations) and to increa se expenditure estimates by the same amount in Division 4090 (Library Foundation Donations) and Division 4060 (Literacy Services). 14. BUDGET AMENDMENT TO ACCEPT A CHECK F' ROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS\T� THE LIBRARY'S FISCAL YEAR 2013 /2014 MAINTENANCE A�ND/OPERATION BUDGET. [100 -2013] Approve Budget Amendment No. 14BA -003 tom increase revenue estimates by $255,000 in Account 4091 -5892 (Friends of the Library�onations) and to increase expenditure estimates by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy Services). . Calendar, except for the items removed (3, to Item 5. The motion carried by the Ayes: Council Member Gz Member Selich, ou XIV. ITEMS REMOVED FROM TH S. RESOLUTION DECLAI FOR THE MANAGEM RESOURCES. 1100 -2011 roll call Henn, em Hill to approve the Consent recusal of Council Member Henn Petros, Mayor Pro Tem Hill, Mayor Curry, Council icil Member Daigle ,N TO ENTER INTO AN OPERATING AGREEMENT CITY'S OIL, GAS AND OTHER HYDROCARBON Assistant tolthe City Manager Houston provided a staff report relative to the sixteen (16) City operated oil wells and noted that the revenue from the production of oil goes to the Tidelands Fund. He reported thatfor ainumber of years, Council has taken steps to secure the resources, including developing a main n7a /nce plan to look at all of the resources and revenues for the Tidelands and whether the operations there could be enhanced. He indicated that the report conducted by Netherland & Sewall provided suggestions on additional revenue options and that the proposed Resolution is a result of their recommendations. In response to Council Member Daigle's question, Assistant to the City Manager Houston reported that there has been a conservative maintenance operation plan and that a private partner might provide a plan that could secure the current revenue stream with a chance for an upside. Motion by Council Member Selich, seconded by Mayor Pro Tem Hill to adopt Resolution No. 2013 -62, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Enter into an Operating Agreement for the Management of the City's Oil, Gas and Other Hydrocarbon Resources. Volume 61 - Page 238 City of Newport Beach City Council Minutes July 23, 2013 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 12. APPROVAL OF AN AGREEMENT WITH PINNACLE LANDSCAPE MANAGEMENT, INC., DBA PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES (C-5550).1381100-20131 15. In response to Council Member Gardner's question regarding handling of small, pocket parks, Municipal Operations Director Harmon reported that maintenance isAscheduled, are included when maintaining larger parks in the area, and although not listed separX� they are included in the total park acreage. // / //% Council Member Gardner addressed water run -off and suggested asking then \ tractor to report areas where run -off occurs so that staff can address it. Municipal Operations Director Harmon reported that once sidewalks are scrubbed of algae, the matter of run -off is resolved. Additionally, he explained the process for handling clippings and native, drought- tolerant plants.�He indicated that, if at any time there is a buildup of dead debris; staff will, result with the Fire Department. agreement with Pinnacle Landscape Mahal Ana for landscape maintenance of parks�a execute the agreement; and b) approve Bud General Fund unappropriated fund balanc (3170- 80883). The motion carried by the foll� g roll call 11 Ayes: Council Membe Member Selich, OF mber G t this is Library Se Boller and Council conded by'Councli Member Henn to a) approve an ment, Inc., DBA.Pinnacle Landscape Company of Santa facilities, anP \thorize the Mayor and City Clerk to t Amendment No. I.4BA -005 appropriating $82,200 from to the Con tract Services - Parks and Facilities account Qt�ee: aber Petros, Mayor Pro Tem Hill, Mayor Curry, Council Council Member Daigle CENTER PARK, ORANGE COUNTY MUSEUM OF ART QiNDING (C4568). [381100 -20131 orted that the City Arts Commission has a brief presentation and to discuss because the proposal is unique to the City. introduced the item and deferred to City Arts Commissioners Carole for a presentation. City Arts Commissioner Logan provided a PowerPoint presentation to address Council's interest in providing sculptures in the new Civic Center Park, the efforts of the park designer and the Arts in Public Places Ad -Hoc Committee, and discussed the City Arts Commission's Sculpture in the Park Public Invitational 2014 -2016 Sculpture Exhibition Project. City Arts Commissioner Boller thanked City Manager Kiff for his involvement in the project and emphasized that the project may be modified, if necessary, to fit into an approved budget without a loss in quality. She presented details of the project, noting that it is designed to have 18 original sculptures to be installed throughout the length of the park, would be on loan to the City for two years, and would open with an exciting exhibition and dedication celebration in May of 2014. Commissioner Logan addressed the basis of the project and discussed the comprehensive information research. Volume 61 - Page 239 City of Newport Beach City Council Minutes July 23, 2013 Commissioner Boller explained the call- for -entry process by the contracted Project Arts Coordinator Site Manager and noted that the selection of pieces will first be brought before the City Arts Commission and then to Council for final approval. Commissioner Logan reported that:. the Sculpture Exhibition will be called, "The Inherent Magic of Newport Beach." Examples of typical sculptures were displayed and Commissioners Boller and Logan offered to respond to questions from Council. Council Member Henn expressed hope that the creation or further enhancement of an arts community in Newport Beach can be accomplished. In response to Council Member Henn's question, Commissioners B' oller' reported that the invitation is open to anyone in Orange County, but especially artists within the Newp'ort.Beach community. She listed local artists, but noted that the invitation is open torh7,public. Commissioner Logan added that the project has an artist registry that it is hoping zpandnoterest in art with the City by artists and citizens. In response to Council questions, City Manager Kiff reported that the Site Manager position needs to be further reviewed and that staff will work with the Commission on budgeting and ways to meet the goals. He confirmed that the concept includes Council's ability to review the pieces and have final approval. He added that the proposal is toCfund the_project from fund balances left over at the end of the last fiscal year and not from development agreement-fees. He reported that the relationship with the Orange County Museum of Art (OCMA)%emains posit vi e and agreed with Council Member Petros' suggestion to ensure review by Council at tike jr d of the project's first year. He indicated that the proposed May 2014 deadline ig an achievable timeline for the project. 11 Council Member Selich commented on future of Jim Mosher suggested) of funding public art th that the type of activity Curry commended the City Arts Commission for its efforts and on in the artist selection process. He believed that the matter fees was considered too quickly and suggested revisiting it so ered could also be funded by cultural facilities as well. Moti6nLby Council Member Selich, seconded by Council Member Gardner to a) authorize staff and'mmembers of the City Arts Commission to move forward to implement a temporary sculpture exhibit witFla maximum ten sculptures in year one and an additional ten.sculptures in year two (Sculptures exhibited MVear one would be de- installed in 2016. Sculptures added in 2015 would be de- installed in 20 ?7,. Total project time would be from July 2013 through April 2017.); b) authorize the City Manager \,to /send a letter to the Orange County Museum of Art ending a June 2010 Memorandum of Understanding (MOLD; and c) approve Budget Amendment No. 14BA -006 appropriating up to $125,000 for the first year of the temporary sculpture exhibit. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Barbara Bailey reported contacting Building Inspection and Code Enforcement and noted that she has a condominium with water intrusion and mold in the common areas. She requested City assistance with enforcement on this issue based on the California Health and Safety Code. Mayor Curry encouraged Ms. Volume 61 - Page 240 City of Newport Beach City Council Minutes July 23, 2013 Bailey to speak with Community Development Director Brandt for a referral to Code Enf6rcement. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. Mayor Pro Tem Hill reported attending the Orange County Taxpayers Association awards event, referenced the City's receipt of a Rose Award for the Employees Benefits Restructuring Program, and reported also receiving an award on behalf of the Transportation Corridor Agencies for its work. Council Member Daigle reported on a recent Orange County Vector Control meeting, as well as a Southern California Association of Government (SCAG) Legislative Committee meeting /She indicated that, at the SCAG meeting, they discussed the upcoming Water Bond and indicated that she will keep the City posted on it. ii Council Member Henn reported that the Council Finance Committee'reviewedihe City's investment policy, its investment performance results, and strategy change recommendations. Hey oted that staff did a good job on the recommendations and that the Committee unani s y recommended bringing the matter before Council for approval. JJ \ 1 Council Member Selich reported that, at the Land Use Element Amendment Advisory Committee meeting, they focused on proposed areas of change to the Land Use Element and expressed concerns with other changes. He encouraged land owners that have had a land element change to contact the Community Development Department with suggestions. Additionally, helreported that one of the goals of the Committee is to be traffic neutral and announced -that the next meeting will be August 6, 2013 in the Central Library Friends Room from 3:30 p.m. to 5 =;00 p.m.� Mayor Curry reported that he represents the City `on lie Orange County Sanitation District (OCSD). He stated that the OCSD processes dry weather run -off and has had a cap of approximately 4 million gallons per day that they would process for free. However�as the population has grown, it has gotten close to that cap. Mayor Curry reported that the OjCSD has raised the cap to 10 million gallons per day and commended the OCSD for this action. k�\ _ _ 4y 16. MOBIL &TIE TELECOMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661 NEWPORT COAST DRIVE (PMV13 -003). [100 -2013] to remove the item from the calendar. Council Member Daigle recused herself from this item. Mayor Curry reported that staff has requested removing the item from the calendar. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn XVIII. CURRENT BUSINESS 17. PLANNING COMMISSION'S FINDINGS AND RECOMMENDATIONS ON RESIDENTIAL Volume 61 - Page 241 City of Newport Beach City Council Minutes July 23, 2013 LOT MERGERS. [100 -20131 Planning Manager Alford provided a staff report to highlight the background, discuss the comprehensive review and analysis by the Planning Commission, and bring forward various approaches. He reviewed the Planning Commission's findings and recommendations as highlighted in the report, and emphasized that the Planning Commission stressed compatibility with nearby lots. Council Member Gardner believed that the recommendations do not provide clarity nor makes improvements, and has the same ambiguity as when the matter was ffir°st considered. She noted preference for the second recommendation and not the first. // In response to Council Member Selich's question, Planning noting that the Planning Commission believed that there language relative to a lot being excessively large. The Plann emphasis to lots that were immediately adjacent to subject pi neighborhood level. He added that the findings are intender more items that could be considered by the decisionAmakinj finding. He added that the closer you are to thetprope�rty consideration should be given to the pattern of development. Mayor Pro Tem Hill stated that he cou regarding looking for a solution for whic many related issues and, going forward, presented on an individual basis. He a€ language offers more clarity. Council Member Henn commented on the the lot, not with regard toe, he developm( was the consensus of /he Plannine Coi Manager Alford referenced Finding 5, qfa lbt�of ambiguity in the current ng Commission focused on giving more )perties and moving out on the block or to provide more guidance and present body when they make a compatibility (adjacent or adjoining lots), the more ate to the cdmment made by the Planning Commission re, is not a problem. He noted that the City has not had icil ill -need to make decisions based on the information with �Council`m ber Gardner on whether the proposed �i)nct' ion that a decision needs to be made with regards to �n the lot. Planning Manager Alford affirmed that this seion. Council Member Henn believed that this is a substantive difference lhn ithe Panguage fro v.. iat presently exists. He agreed that much is left to interpretation, but indicatedAliat, if-Council-goes forward with the Zoning Code change, he would like to see a mecha -nism for when, two lots are merged, the property would end up with the same total there amount of setbacks as there would be for separate lots. Council Member Petros ti�'lieved that the prior text of the Subdivision Code was very vague and expressedNsupport for theRrevised language relative to adjacent or adjoining lots. Additionally, he commende'4tth introduction of language relative to the possible harm to an individual or adjoining lot which was not expressediin the previous Code. He agreed that the side yard setback is an issue that should be reviewed. Het asked if that issue should be sent back to the Planning Commission to ascertain a recom em ndation. Council Member Selich stated that the Planning Commission may have believed that taking the setback approach would create further inequities in the Zoning Code which would create more zoning problems than dealing with the few lot merger requests in the City. He added that, if Council decides to send it back to the Planning Commission, they should be given better direction. Council Member Selich indicated that he would support the current recommendation. Motion by Council Member Selich, seconded by Mayor Pro Tem Hill to a) remove Zoning Code Amendment CA2012 -007 from Calendar; and b) direct staff to process an amendment to Title 19 (Subdivisions) to revise Lot Merger Finding No. 5. The motion carried by the following roll call vote: Ayes: Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Volume 61 - Page 242 City of Newport Beach City Council Minutes, July 23, 2013 Member Henn, Council Member Daigle Noes: Council Member Gardner 18. DIRECTION TO STAFF ON VARIOUS ISSUES. (100 -2013] City Manager Kiff noted that the item was placed on the agenda at the request of Council Member Gardner. Council Member Gardner reported receiving calls from non - profit, community -based groups who expressed disappointment with the fees associated with using City venues for events and meetings. She suggested possibly developing criteria so that those groups could receive discounts. Regarding picketing, she indicated that she would like to see the City provide br protection for residential areas. Motion by Council Member Gardner, seconded by Council MemberNSelich to direct staff to bring back and agenda item that would propose lower subsidized room rental`fees for not - for - profits or other community -based groups that use certain City locations, such as the Civic Center's community room and an agenda item that would propose anance limiting or preventing the picketing of individuals' homes. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Sehch, Council Member H XIX. MOTIONS FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:05 p.m The agenda for the Regc website; on July 19, 2013, entrance of the City'Cour a.m. in the Meeting Ag gent Civic Center Drive. City Clerk Tem Hill, Mayor Curry, Council as posted on July 18, 2013, at 4:07 p.m. on the City's rthe City Hall Electronic Bulletin Board located in the at 100 Civic Center Drive; and on July 19, 2013, at 7:40 ed in the entrance of the City Council Chambers at 100 Recording Secretary Mayor Volume 61 - Page 243