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HomeMy WebLinkAbout08/13/2013 - Regular MeetingCity Council Minutes Regular Meeting August 13, 2013 — 7:00 p.m. I. STUDY SESSION - 4:30 P.m. 11. CLOSED SESSION - 5 :54 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS ( Government Code § 54956.8): Properties: Three parcels owned by the City of Newport Beach and identified as (1) APN 048. 310.01 consisting of unimproved right -of -way extending west of G Street to Channel Road; (2) Unimproved right -of -way extending from the eastern terminus of Canal Street to the terminus of Lancaster Street; (3) Unimproved right -of way extending from terminus of Summit Street to terminus 36th Street; and (4) Unimproved right- of-way extending from the terminus of A Street to 250 feet southeast of E Street, Agency Negotiator: Dave Kiff, City Manager Negotiating Parties: Parties may include: (1) Owners of property coterminous to APN 048 - 310 -01; (2) Owners of property coterminous to the unimproved right -of -way extending from the eastern terminus of Canal Street to the terminus of Lancaster Street; (3) Owners of property coterminous to the unimproved right -of -way extending from terminus of Summit Street to terminus 36th Street; (4) Owners of property coterminous to the unimproved right -of -way extending from the terminus of A Street to 250 feet southeast of E Street; (5) County of Orange; and (6) the State of California. Under Negotiation: Instruction to the City's negotiator will concern price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): 1. Morningside Recovery, LLC, et at. v. City of Newport Beach Orange County Superior Court Case No. 30- 2011- 00505900 -CU -WM -CJC 2. MORN et al. v. City of Newport Beach, et at. Orange County Superior Court Case No. 30- 2011 - 00447004 -CU -WM -CJC Volume 61 - Page 249 City of Newport Beach City Council Minutes August 13, 2013 C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.0): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Human Resources Director; Negotiators Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn Excused: Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Harp reported that there were no reportable actions taken. VIL PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION - Pastor Eric Heard, Mariners Church IX. PRESENTATIONS Presentation of Plaques to Outgoing Board and Commission Members Mayor Curry invited former Board and Commission members to the podium. Phillip Lugar and Ralph Rodheim were presented with plaques in recognition for their service to the City through their respective positions on City Boards and Commissions. Mr. Lugar expressed his appreciation for the opportunity to serve and noted his retirement and move to the City of San Clemente. Mr. Rodheim thanked his wife for enduring eleven years of Harbor Commission meetings, commented positively on the experience and thanked Council Member Gardner for her support as Council Liaison to the Commission as well as Council for its attention to the Harbor. He thanked City staff and the City for the opportunity to serve. Volume 61 - Page 250 City of Newport Beach City Council Minutes August 13, 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) Council Member Henn reported attending.a meeting in San Francisco along with Council Member Selich and Public Works Director David Webb with the Executive Director of Coastal Commission staff and the Vice Chairman of the Coastal Commission to discuss the ability of staff to move forward with the permit issuance on Marina Park and Sunset Ridge Park and to help the City move forward with the Local Coastal Implementation Plan. He commented positively on the discussions and noted expenses incurred on behalf of the City. He announced notification that the Marina Park permit is in the mail. He thanked Council Member Selich, Public Works Director Webb and consultant Don Schmitz for their participation and assistance. He announced an upcoming meeting of the Balboa Village Advisory Committee that will be held on August 14, 2013 at 4:00 p.m. at ExplorOcean and listed items on the agenda. Additionally, he reported attending the wrap -up meeting for the Fourth of July festivities, commented positively on the meeting and noted that it is a resident - driven activity with good ideas presented for improvements in the future. Additionally, he announced several outreach meetings on the subject of Harbor rents to determine whether refinements are needed to Council's prior decisions and receive public input. The first meeting will be held on August 15, 2013 at 3:00 p,m. at OASIS and the second on August 21, 2013 at 6:00 p.m. at OASIS. He urged public participation. Council Member Selich reported on the Coastal Commission meeting and felt that it was productive. He felt that attendees were able to get a better understanding of the limitations under which the Coastal Commission works. He announced an upcoming meeting of the Land Use Element Amendment Advisory Committee on Tuesday, August 20, 2013 at 3:30 p.m. in the Friends Room of the Library. Council Member Petros expressed his gratitude for surviving a recent coronary episode and encouraged residents to see their doctor regularly and check for signs of cardiac health. He announced an upcoming "Hootenanny in the Heights" event which will be held on September 22, 2013, from 11:00 a.m. to 2:00 p.m. Mayor Curry announced the City's award as "Tree City USA" as well as receiving awards for Pension Reform and another for Government Efficiency, Planning and Arts efforts. He reported that the Government Finance Officers Association has awarded the Certificate of Achievement for Excellence in Financial Reporting to the City. Additionally, he recognized the City Attorney for the recent report regarding continuing to manage litigation costs indicating that the City Attorney's Office ended the Fiscal Year, under budget by $377,634. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 16 (Newport Beach Restaurant Association Business Improvement District (BID) Fiscal Year 2013 -2014 Advisory Board Appointments), Jim Mosher commented on the Committee's oversight of $193,000 of public funds during the next year. He felt that the assessment for food sellers was not levied in accordance with State law in that they were not provided with a report detailing how the money will be spent prior to the assessment and denying them their right to meaningful protest. Additionally, the eleven volunteers are all Volume 61- Page 251 City of Newport Beach City Council Minutes August 13, 2013 business people but are unaware of the ethics and responsibilities that bind business people entrusted with the expenditure of public funds and that by accepting the appointments are becoming public officials. He felt that it is Council's duty to see they adhere to the Conflict of Interest policies. He hoped that Council will address the legality of this year's levy and the need for appointees to be responsible under FPPC rules. George Schroeder commented on Item No. 19 and felt that the matter needs further consideration and to treat everyone equally. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE JULY 23, 2013 STUDY SESSION AND REGULAR MEETING. [100 -20131 Waive reading of subject minutes, approve as written, and order filed. [100-20131 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR INTRODUCTION 3. CONSIDERATION OF ORDINANCE NO, 2013 -14 AMENDING THE HARBOR COMMISSION'S PURPOSE AND RESPONSIBILITIES. [100- 20131 Introduce Ordinance No. 2013 -14, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 2001 -25 Amending the Harbor Commission's Purpose and Responsibilities, and pass to second reading on September 10, 2013. C. RESOLUTIONS FOR ADOPTION 5, RESOLUTION NO. 2013 -64: ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (ANBOL) (C2058). [381100 -20131 Adopt Resolution No. 2013 -64, A Resolution of the City Council of the City of Newport Beach Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards (ANBOL), for the period July 1, 2012 through June 30, 2014. 6. IRVINE AVENUE PAVEMENT REHABILITATION - APPROVAL OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE (C- 5562). [381100 -20131 a) Approve a Cooperative Agreement with the County of Orange for the Irvine Avenue Pavement Rehabilitation project; b) adopt Resolution No. 2013 -65, A Resolution of the City Council of the City of Newport Beach for the Declaration of Irvine Avenue within the City of Newport Beach to be a County Highway During Construction of the Project; and c) approve Budget Amendment No. 14BA -007 appropriating $170,000 from the unallocated Gas Tax fund balance to CIP Account No. 7181- C2002072. Volume 61 - Page 252 City of Newport Beach City Council Minutes August 13, 2013 D. CONTRACTS AND AGREEMENTS BAYSIDE COVE WALKWAY - AWARD OF CONTRACT NO. 5276.[38/100- 2013] a) Approve the project drawings and specifications; b) relieve the lower bidder Aghapy Group, Inc. of their bid due to computation errors; c) award Contract No. 5276 to GMC Engineering, Inc. of Tustin, for the total bid price of $147,967.00, and authorize the Mayor and City Clerk to execute the contract; and d) establish a contingency of $15,000.00 (approximately 10 percent) to cover the cost of unforeseen work. 8. BRISTOL STREET LANDSCAPE IMPROVEMENTS - AWARD CONTRACT NO. 4843. [381100 -20131 a) Approve the project drawings and specifications; b) award Contract No. 4843 to KASA Construction, Inc. of Ontario, for the total bid price of $423,160.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $63,475.00 (15 percent) to cover the cost of unforeseen work. 9. AMENDMENT TO THE CENTRAL PARKING SYSTEM (CPS) AGREEMENT (C4767). 1381100 -20131 Authorize the Mayor and City Clerk to approve an amendment to the CPS Agreement which would provide for certain not -to- exceed amounts for the management of the Corona del Mar Parking Lot and the Balboa Parking Lot. 10. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT (C- 3309). 1381100 -20131 Approve the Agreement between the City of Newport Beach and the Newport -Mesa Unified School District to participate in the School Resource Officer Program, and authorize the Mayor and City Clerk to execute the agreement. 11. TEMPORARY EMPLOYMENT AGREEMENT WITH FORMER CITY EMPLOYEE, SHONTEL SHERWOOD (C- 5566). [381100 -20131 Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with retired employee, Shontel Sherwood, to fill the position of Custody Officer until all vacancies can be filled. E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR AUGUST 8, 2013. [100 -20131 Receive and file. 14. "SUSAN G. KOMEN - RACE FOR THE CURE" BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2013 -0212. 1100 -20131 Conditionally approve the request of "Susan G. Komen - Race for the Cure" for installation of 89 banners, from Monday, August 26, 2013, to Monday, September 23, 2013, for the annual 'Race for the Cure" event (installation will be along Westcliff Drive, Jamboree Road, East Coast Highway, and MacArthur Boulevard). 15. REQUEST TO INSTALL A NEW DRIVEWAY APPROACH AT 201 Volume 61 - Page 253 City of Newport Beach City Council Minutes August 13, 2013 SAPPHIRE AVENUE. [100 -20131 Approve a new 16 -foot wide driveway approach on Park Avenue for access to the property per City Council Policy L -2, Driveway Approaches, provided the property owner obtains an encroachment permit from the Pubhe Works Department. 16. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) FISCAL YEAR 2013 -2014 ADVISORY BOARD APPOINTMENTS. 1100 -20131 Appoint the following persons to serve on the Newport Beach Restaurant Association BID Advisory Board of Directors for FY 2013 -2014: Joe Campbell (Ruby's Diner), Sheri Drewry (Wilma's Patio), Eldy Galietta (Barolo by the Sea), Thomas Gi hom (Back Bay Bistro), Nicole Hay (21 Oceanfront), Cindy O'Shea (Whole Foods), John Robinson (Amelia's Seafood & Italian Restaurant), Ronald Schwartz Ovluldoon's Irish Pub), Sumeth Tila (Royal Thai Cuisine), Jim Walker (The Bungalow Restaurant), Ali Zadeh (Port Restaurant and Bar) 17. APPROVAL OF COMPARATOR AGENCIES FOR THE FOX LAWSON & ASSOCIATES (FLA) CLASSIFICATION AND COMPENSATION STUDY (C- 5176). [381.100 -20131 Use the comparator cities of Carlsbad, Chula Vista (new), Costa Mesa, Fullerton, Huntington Beach, Irvine, Oceanside, Orange, Santa Ana, Santa Monica (new), and Torrance for the remaining FLA compensation review; and no longer use the cities of Anaheim and Long Beach as comparator cities. 18. START RESERVE FUND TRANSFER. 1100 -2014 Authorize Budget Amendment No. 14BA -008 for the transfer of $26,550.00 from the General Fund START Reserve Account 010 -3758 to Fire EMS Account 2340.7042 to fund the personnel costs associated to back -fill one firefighter during completion of paramedic field internship [per Council Reserve Policy F -2, the excess revenues generated from the START Program are to be used for START training materials and to enhance paramedic, EMT, and Mobile Intensive Care Nurse (MICN) pre - hospital education), 19. DIRECTION TO STAFF ON ONE ISSUE. [100 -2013] Direct staff to return to the City Council with an agenda item that would consider lowering or eliminating the business license tax for the business classification that includes real estate agents who work within or are affiliated with larger real estate brokerages which also have a business license. Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to approve the Consent Calendar, except for items removed (4 and 12). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn Absent: Council Member Daigle Volume 61 - Page 254 City of Newport Beach City Council Minutes August 13, 2013 XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. AMEND AND REAFFIRM COUNCIL INVESTMENT POLICY (F -1). [100 -20131 Council Member Gardner observed that the City is reducing its requirements across the board and requested clarification of the Item. Finance Director Matusiewicz reported the intent is to allow the City to diversify its assets into different asset classes and increase investment opportunities. Council Member Henn added that one of the changes was to allow another year of maturity and that there might be an opportunity to gain more yield. He noted that the City's quality requirements are high but still overall in a conservative quality position in terms of investments. Motion by Council Member Gardner, seconded by Mayor Pro Tem Hill to adopt Resolution No. 2013 -63, A Resolution of the City Council of the City of Newport Beach Finding Consistency with Stated Investment Objectives and Amending City Council Policy F -1, Statement of Investment Policy, to Align Policy with State Code, Allow for Greater Investment Diversification, and Provide Greater Clarity to the Investment Advisors, approving proposed amendments to, and reaffirming Council Policy (F -1) Statement of Investment Policy as presented. 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 Absent: Council Member Daigle 12. APPROVAL OF AN EXCLUSIVE NEGOTIATING AGREEMENT WITH OLSON REAL ESTATE GROUP, INC. FOR THE REUSE OF THE FORMER CITY HALL COMPLEX (PA2012 -176) - 3300 NEWPORT BOULEVARD & 475 32ND STREET (C- 5567). [381100 -20131 Council Member Henn recused himself since he has a business relationship with a business in Via Lido Plaza. Council Member Petros expressed excitement that this matter is moving forward. He noted that the hearing for the project was well attended and hoped that this will continue to be a public event. He requested clarification regarding the interplay between the City Manager's Office and Council relative to the frequency of receiving updates on the negotiations, opportunities for Council to comment on specific issues and the terms of the transaction- City Manager Kiff reported that staff will update Council frequently and obtain input frequently throughout the process. He would like to meet with the Director of Community Development and the City Attorney to develop a formal proposal for Council. Motion by Council Member Petros, seconded by Mayor Pro Tem Hill to a) approve an exclusive negotiating agreement with Olson Real Estate Group, Inc. of Irvine for an initial term of one year with a maximum cumulative extension of three Volume 61 - Page 255 City of Newport Beach City Council Minutes August 13, 2013 months, and authorize the Mayor and City Clerk to execute the exclusive negotiating agreement; and b) direct staff to take actions necessary to implement the terms of the agreement. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich Absent: Council Member Daigle Recused: Council Member Henn XV, PUBLIC COMMENTS ON NON - AGENDA ITEMS John Packer references his presentation, "Newport Beach City Employee Costs - The Good, the Bad and the Ugly" stating that City employee head count has grown only 9% over the last fourteen years. He commended Council on outsourcing and in getting employees to pay a portion of their benefits. He commented on previous consideration by Council of the City Manager's salary and felt that it was misleading in that it was not compared to the salaries of previous City Managers. He reported researching previous salaries (1998/1999 budget) and found five positions for which salaries have increased by almost double the rate of inflation. He mentioned the recent recession, job losses, public employee benefits and unions. He believes that staff recommends, at the public's expense, biased studies that always conclude that City employees need a raise. He provided his suggestions which includes outsourcing, decreasing staff levels, increased employee contribution rates and capping salary increases. He distributed copies of his presentation and related statistics to the City Clerk. Jim Mosher commented on communications sent to Council Members and the need to share them with the City Clerk and posting them. Ile spoke regarding the importance of openness and transparency and the value to the public of all of the City's business being conducted entirely in public. He listed examples of failures of openness. XVI. ORAL DEPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros announced that the Bicycle Master Plan Oversight Committee will meet on September 3, 2013 at 5:00 p.m. in the Community Room and addressed items on the agenda. Mayor Curry announced a Special Library Board meeting on August 16, 2013 at 1:30 p.m, in the Friends Room to review the process for the Library Director recruitment. XVII. CURRENT BUSINESS 20, CONSIDERATION OF ORDINANCES AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 17.35.020(F) AND 17.60.060 RELATING TO PIERS THAT ENCROACH IN FRONT OF ADJACENT PROPERTIES AND COMMERCIAL INDEMNITY, RESPECTIVELY. 1100 -20221 Council Member Gardner questioned if staff received a copy of a letter from an attorney, Christopher Barnette, regarding the aforementioned item and indicated it included good points that needed to be addressed. Volume 61 - Page 256 City of Newport Beach City Council Minutes August 13, 2013 Staff indicated receiving no copies. Council Member Petros forwarded a copy to City Attorney Harp to review. Harbor Resources Manager Miller provided a presentation addressing piers that encroach over adjacent property lines. He indicated that currently when piers are transferred from one entity to another; it has to go to the Harbor Commission for approval if one of four conditions occurs based on the Code. To simplify, he detailed two proposals including amending the current Code which would allow certain transfers between family members or other entities to be processed administratively through the Harbor Resources Department. Ile added that 99% of the occurring transfers are done through the Harbor Resources Division and there are only a small number of piers that encroach. Another option would he to repeal that section of the ordinance and allow all transfers to be handled through the Harbor Resources process. Council Member Gardner felt that more discussion is needed on the matter and wondered why a change is necessary. She added that Mr. Barnette's letter brought up interesting points that should be considered relative to residential piers and other uses. Assistant City Attorney Torres reported that most piers comply with the rule and do not extend to other property lines and permits are processed administratively. The matter under consideration is whether those few piers that extend over other property lines should also be processed administratively or through the Harbor Commission hearing process. He added that commercial piers are allowed to extend beyond property lines. City Attorney Harp addressed efforts to clean up the Municipal Code, noted the options presented and reported that ultimately, it will be up to Council to decide, Discussion followed regarding distinctions between residential and commercial piers, streamlining the Code and findings way to make it work better for residents, addressing transfers of properties, allowing all residential permits to be transferred at an administrative level and the possibility of a discretionary permit process in specific cases. In response to an inquiry from Council Member Petros, Assistant City Attorney Torres noted that an applicant wanting a rental business would still need a business license, a permit and CDD review. The change would not automatically approve the operation of the business and the applicant would need to go through other discretionary reviews. He added that the transfer is proposed for estate - planning purposes only. Chris Barnette, attorney, noted that commercial piers may extend to, but not past the prolongation of the property line. He felt that this is an anomaly and not permitted under the current Code and emphasized that his client is significantly harmed by the proposed changes. He addressed the existing illegal structure and that if Council were to approve the changes it would allow the illegal structure to go on. He added that multiple boats increase traffic and congestion and noted that the applicant now wants to expand the operation and that under the proposed changes; expansion of the use will not trigger any review by anyone. He urged Council to delay the matter to consider traffic and parking impacts engendered by the change. In response to an inquiry from Council Member Selich, City Attorney Harp agreed that the existing structure is a legal, non - conforming use. Assistant City Attorney Torres responded to Council Member Petros on whether the Volume 61 - Page 257 City of Newport Beach City Council Minutes August 13, 2013 intensification of use would trigger this part of the Code reporting that Option 1 would add item 5 and that intensification of use would require review by the Harbor Commission, Option 2 would require administrative review by the Harbor Resources Division. Council Member Gardner noted that the issues are different and should be treated differently. Jim Mosher agreed with Council Member Gardner's comments and felt it appropriate for the Harbor Commission to review encroaching piers when they are going to be transferred. He expressed concern regarding the proposals originating through Council and not being taken to the Harbor Commission for consideration and could not remember when Council provided direction of this sort. He pointed out that the 508 S. Bay Front encroachment was never heard before the Harbor Commission and referenced a recent Closed Session item for this address. He hoped that Council will send this matter to the Harbor Commission for a more thorough public review. Larry Kallestad addressed parking problems because of the heavily- impacted public pier at the end of Opal. He expressed concerns with additional impacts by the proposed business venture. He hoped that off - street parking will be required of the new business at the site and encouraged Council to retain Section 17.35.020E along with the amended subsection proposed, thereby retaining control and direction over the situation. Susan Riddle read an opposition letter to the proposed changes in the ordinances, addressed dock encroachments, referenced a Site Agreement, and the lack of available off- street parking. Jerry Kelleher spoke in opposition to the changes and urged Council to consider parking on Balboa Island. Jackie Flora continued reading Ms. Riddle's letter, urged Council not to rush to judgment and commented on existing parking problems on Balboa Island. She submitted a copy of the letter along with signatures of seventeen (17) residents in opposition to the proposed changes. Council Member Selich identified the different issues at hand. He added that the use of the pier will need to stand on its own relative to compliance with City policies and procedures. The issue under consideration at this time is the transfer of pier permits. He agreed with the City Attorney of making the matter consistent with existing procedures relative to inter- family transfers. Motion by Council Member Selich. seconded by Council Member Henn to introduce Ordinance No. 2013 -15, An Ordinance of the City Council of City of Newport Beach Amending Sections 17.35.020(F) and 17.60.060 of the Newport Beach Municipal Code to Allow Certain Administrative Transfers of Tidelands Permits and to Require Commercial Tidelands Users to Defend and Indemnify the City of Newport .Beach, and pass to second reading on September 10, 2013. Council Member Henn felt that the solution moved puts the matter in a more consistent pattern with how the City would treat general items of this nature. Council Member Gardner felt that the current Code should continue to be followed including the procedures for review by the Harbor Commission. She indicated that she Volume 61 - Page 258 City of Newport Beach City Council Minutes August 18, 2013 will not support the motion. Council Member Petros agreed with Council Member Gardner Mayor Pro Tom Hill agreed with Council Member Selich, noting the legal non- conforming 'issue and per the Code if there is a change in functionality, the matter should go before the Harbor Commission. He indicated support for Option 1 but felt that more needs to be done to ensure the coordination of business activities. He commented about inter - family transfer and ownership of businesses for estate - planning purposes and expressed his support of the addition of paragraph 5. Mayor Curry reported that anyone can apply for a business license which does not speak to the legitimacy of the land use. City Attorney Harp confirmed that with expansion of the use, there would be different regulations that apply. Council Member Petros commented on subsection 5 noting that the matter relates to transfers between family members or between entities owned and controlled by the same person. He stated he would reconsider if the transfer were to be mily between family members. Mayor Curry addressed the two issues at hand and the desire to ensure that the City in no way provides an exemption or pass regarding intensification of use. City Attorney Harp offered to add clarifying language to prevent ambiguity and bring the item back for a first reading. Substitute motion by Council Member Selich, seconded by Couneil Member Henn to continue the item to the September 10, 2013 City Council meeting. The substitute motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn Absent: Council Member Daigle 21. CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 10.68 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TARGETED RESIDENTIAL PICKETING. [100 -20131 City Attorney Harp reported an increase in the number of residential protests targeting an individual member of the community. He addressed ways other cities have addressed the problem and proposed a creation of a buffer zone of three hundred feet around a home. Jim Mosher felt that this is a difficult issue related to balancing the right to free speech on public property against the right to personal privacy. He alleged that Council is relying on the advice of a City Attorney's Office that tends to simplify matters. He felt that the proposed ordinance is overly broad and unnecessary and recommended that Council read the U.S. Court of Appeals case of Klein vs. San Diego before making its decision. City Attorney Harp confirmed reviewing the referenced case and reported that the Volume 61 - Page 259 City of Newport Beach City Council Minutes August 13, 2013 City's ordinance was modeled after one from the City of San Jose and relates to the distance from residences. He noted that these types of ordinances have been uniformly upheld by the courts. Nancy Skinner spoke in support of the proposed ordinance. George Schroeder expressed concerns regarding impacts to all residents in a neighborhood, not just the one being picketed. Council Member Gardner and Mayor Curry felt it important to protect the neighborhood and ensure public safety. Motion by Council Member Gardner, seconded by Mayor Curry to introduce Ordinance No. 2013 -16, An Ordinance of the City Council of the City of Newport Beach Adding Chapter 10.68 to the Newport Beach Municipal Code Pertaining to Targeted Residential Picketing, and pass to second reading on September 10, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn Absent: Council Member Daigle XVIII. MOTIONS FOR RECONSIDERATION - None XIX. ADJOURNMENT - Adjourned at 8:33 p.m. in memory of Ann Caspers The agenda for the Regular Meeting was posted on August 8, 2013, at 4:34 p.m. on the City's website; on August 9, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on August 9, 2013, at 8:00 a.m in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive City Clerk Recording Secretary Mayor Volume 61 - Page 260