HomeMy WebLinkAbout01/28/2014 - Regular MeetingCity Council Minutes
Regular Meeting
January 28, 2014 — 7:00 p.m.
1. STUDY SESSION - 5:00 n.m.
I1. CLOSED SESSION - 6:16 p.m.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957)
Title: Leilani Brown, City Clerk
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City
Manager; Negotiators.
Employee Organizations: All Labor Associations; Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach
Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire
Management Association (NBFMA); Newport Beach Lifeguard Management Association
(NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management
Association (NBPMA); Newport Beach Professional and Technical Employee Association
(NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB).
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 Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp reported that no reportable actions were taken.
VIL PLEDGE OF ALLEGIANCE - Mayor Pro Tem Selich
VIII. INVOCATION - Frank Carpenter
DI.
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Presentation to the Corona del Mar High School Football Team - Division 3 State
Champions
Mayor Hill presented a Proclamation to the Corona del Mar High School football team - Division 3
State Champions and Coach Scott Meyer for their achievements. Mrs. Scott, Principal of Corona del
Mar High School, thanked Council for the presentation and indicated pride for the football team and
coaches. She deferred to Coach Meyer for a brief statement. Coach Meyer thanked Council for the
proclamation and commented positively on the team's achievement. He introduced coaches and team
members in attendance at this time.
Costa Mesa Council Member Gary Monahan commented positively on the team's accomplishments
and presented them with a plaque in their honor.
X. NOTICE TO THE PUBLIC
XI.
Council Member Daigle referenced a public comment prior to Closed Session earlier where a citizen
asked why there were no City representatives that testified on AB 1102 (Beach Burning).
City Manager Kiff stated that direction previously given by Council did not have anything to do with
legislation and that Council did not provide direction to take a position on the matter.
Council Member Curry reported attending several restaurants in support of Restaurant Week and
congratulated Mayor Hill on the recent goal- setting meeting.
Council Member Petros reported participating in Restaurant Week and commented positively on
various restaurants. He announced a meeting on February 6, 2014 at 6:00 p.m. in the Friends Room
of the Library regarding the Corona del Mar High School sports complex matter. He added that the
matter is a School District initiative to look at a sports complex at Corona del Mar High School which
has raised some concerns in the neighborhood. He encouraged concerned residents to attend the
meeting.
Mayor Hill reported participating in Restaurant Week and commented positively on the event. He
encouraged residents to continue supporting the City's restaurants. Ile presented a brief summary of
Council's recent goal - setting meeting where Council was able to work through the City's Capital Plan
and establish priorities for that and acknowledged that there is a tremendous amount of effort
underway. A recap of that session will be presented at an upcoming Council meeting. Additionally,
he reported that the City has been asked by the County Board of Supervisors to consider naming
Newport Beach as a Purple Heart City out of respect for American soldiers who have been wounded or
killed in battle. He asked to agendize the matter for discussion, at an upcoming Council meeting.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher commented on Item 10 (Final Design of Mobilitie Telecommunications Permit for Faux
Eucalyptus Tree Monopole Located at 2401 Irvine Avenue) and how Council assured the public a
higher authority would review this approval. Council may have thought that if there was any
question about how this impacts coastal resources, the Coastal Commission would squelch it.
However, after a very brief discussion at an earlier meeting in San Diego, it was approved by the
Coastal Commission. He discussed nimbyism and suggested that Mobilitie seems to be the ultimate of
such a notion. He addressed previous options considered by Council including their feasibility and
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discussed information that was omitted, and referenced a recent case before the Planning Commission
where Mobilitie opposed a Jewish organization's request to use a section of the center where Mobilitie
has its headquarters.
Susie Menses, Attorney for Crown Castle, commented on Item 3 (Wireless Telecommunications
Facilities Ordinance). On behalf of Crown Castle she thanked the City for its efforts but stated that
unfortunately, the draft Ordinance does not encourage the deployment of newer, small -cell technology
such as Distributed Antenna Systems (DAS) which improves wireless coverage and capacity solutions
without creating the same level of visual impacts to the community, therefore it should have received
better treatment under the Ordinance. She added that if the wireless industry were given a City.
defined small -cell exception or administrative review, the City would steer wireless providers to
deploy less visible, obtrusive equipment. She addressed Crown Castle's request to include small -cell
exemptions if the City defined physical dimensions that would constitute a small cell, which City staff
refused and reported that other jurisdictions have been able to define small-cells and accepted the
County's definition of same.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE JANUARY 14, 2014 STUDY SESSION AND REGULAR
MEETING. [100 -2014] Waive reading of subject minutes, approve as amended, and
order filed.
1 READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct City Clerk to read by title only.
3. WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE - CODE
AMENDMENT NO. CA2012 -004 (PA2012 -057). [100 -20141 Conduct second reading
and adopt Ordinance No. 2014 -1, An Ordinance of the City Council of the City of
Newport Beach Repealing Chapter 15.70 of the Municipal Code and Adopting Zoning
Code Amendment No. CA2012 -004 Related to the Regulation of Wireless
Telecommunications Facilities (PA2012 -057), 1) finding that the amendment is exempt
from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3)
of the CEQA Guidelines and 2) approving Code Amendment No. CA2012�004. Council
Member Daigle recused herself from this item due to the potential conflict of
interest arising from working in the wireless industry,
C. RESOLUTION FOR ADOPTION
4. RESOLUTION NO. 2014 -3: ADOPTING A MEMORANDUM OF
UNDERS'T'ANDING WITH THE PART TIME EMPLOYEES ASSOCIATION OF
NEWTORT BEACH (PTEANB) (C- 3362). 1381200 -20141 Adopt Resolution No, 2014-
3, 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 Part -Time
Employees Association of Newport Beach,
D. CONTRACTS AND AGREEMENTS
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5. AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT (OCSD)
PERMITTING A DRY WEATHER URBAN RUNOFF DIVERSION TO THE
SANITARY SEWER SYSTEM (C- 5715). [381100 -2014] Approve and authorize the
Mayor and City Clerk to execute the OCSD Agreement for Dry Weather Urban Runoff
Discharge for the existing Newport Dunes Diversion. Council Member Curry recused
himself form this item since he is the City's representative on the OCSD.
6. OCEAN BOULEVARD AND MARGUERITE AVENUE CONCRETE PAVEMENT
RECONSTRUCTION (C -5717) - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH ONWARD ENGINEERING (CAP14- 0010). [,381100 -20141
Approve a Professional Services Agreement with Onward Engineering of Anaheim,
California, for the Ocean Boulevard and Marguerite Avenue Concrete Pavement
Reconstruction project at a not -to -exceed price of $176,300.00, and authorize the Mayor
and City Clerk to execute the Agreement.
APPROVE AGREEMENT FOR GENERAL MAINTENANCE AND REPAIR
SERVICES WITH JOHN M. RABUN (C- 5712). [381100 -20141 Approve the
Agreement with John M. Rabun for as- needed general maintenance and repair services
for a three -year term, and authorize the Mayor and City Clerk to execute the agreement.
8. NEWPORT CENTER LIGHTING & LANDSCAPE MAINTENANCE AGREEMENT
(C- 2489). [381100 -20141 a) Authorize the payment of $88,458.86 to The Irvine
Company (TIC) representing the City's share of costs for Newport Center utility costs in
accordance with the Letter Agreement dated February 5, 1985, between TIC and the
City of Newport Beach; b) approve the Newport Center Lighting and Landscape
Agreement; and c) approve Budget Amendment No. 14BA -029 appropriating $88,458.86
from the Water Enterprise Fund balance reserves to Account No. 5500 -8250.
E. MISCELLANEOUS
9. PLANNING COMMISSION AGENDA FOR JANUARY 23, 2014. [100 -20141
Receive and file.
10. FINAL DESIGN OF MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX
EUCALYPTUS .TREE MONOPOLE LOCATED AT 2401 IRVINE AVENUE
(PA2010 -073). 1100 -20141 Approve the final design of the Telecom facility. Council
Members Gardner and Petros voted No on this item. Council Member Daigle
recused herself from this item due to the potential conflict of interest arising
from working in the wireless industry.
11. WAIVER OF THE ATTORNEYICLIENT PRIVILEGE FOR INVESTIGATIVE
REPORT IN THE MATTER OF CHRISTINE HOUGAN VS. CITY OF NEWPORT
BEACH. [100 -20141 City Council waive the Attorney-Client Privilege, subject to a
protective order in the Christine Hougan v. Newport Beach litigation, which would allow
the investigative report to be produced in said litigation.
Motion by Mayor Pro Tem Selich seconded by Council Member Curry to approve the Consent
Calendar; noting the no votes by Council Member Gardner and Council. Member Petros to Item 10, the
recusal by Council Member Daigle on Items 3 and 10, the recusal by Council Member Curry on Item 5.
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The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council
Member Curry, Council Member Henn, Council Member Daigle
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XV. PUBLIC COMMENTS
Dennis Arp, Citizens Climate Lobby, commented on the importance of taking action to solve the
problem of climate change. He addressed the makeup of the Climate Lobby Chapters and noted the
need to take further steps in developing a solution on a much- bigger scale; that policy solutions are
needed on a national, regional and global scale as well as new leadership. He reported that the
Climate Lobby is a grassroots organization made up of volunteers who take a non - partisan approach
to the subject and addressed the goals of the lobby.
Dr. Hesham El- Askary, Chapman University Professor, commented on sea -level rise and noted his
alarm about the domino effects of climate change and projections; as climate change can be
irreversible and unstoppable. He added that extreme events are happening (both hot and cold) but
when the weather is averaged over space and time, globally, the global warming trend emerges from
the data and that global- warming is a fact.
Dr. Jere H. Lipps, retired Professor of Geological Sciences from UC Berkeley, reported that be has
been studying the effects of sea -level rise in Newport Beach and has been doing research on and
teaching about climate change for over forty (40) years. He expressed deep concern about the impacts
of climate change in Orange County as well as the City of Newport Beach. He reported that water -
shortages are imminent as the drought continues and outlined the consequences including sea level
rise predictions by the year 2100 of about four- and -a -half (4 Y ° %a) to five (5) feet which will decimate
Balboa Island, the Peninsula and the beaches. In addition, road damage and relocation has been
estimated by the rise in sea level, to cause damage in relocation of 540 miles of roadways in Orange
County at a cost of $17 billion. He stressed the need to plan now so that we can reduce carbon
emissions and stop global warming through a carbon tax.
Mark Tabbert, Citizens Climate Lobby, thanked Council and his colleagues for speaking tonight. He
noted the need to raise awareness regarding climate change in the community. He reported that
Council could address this issue through public forums; at firehouses, schools and town hall meetings
and offered to help in such endeavors. He stated that Citizens Climate Lobby speaks on a regular
basis at local universities and that students don't question the science but want to talk about
solutions. One of the solutions the group recommends is implementation of a carbon tax (fee) which
uses the market force to raise the price of fossil fuels gradually, over time, and return that money to
the public on a per capita basis. He referenced a statement by the Brookings Institution that 98% of
economists who study climate change say that the solution is a revenue - neutral carbon tax. He noted
that the City of Newport Beach has great influence and could be a leader in this regard.
Council Member Petros reported on the Leadership in Energy and Environmental Design (LEER)
rating relative to reduction of green house gas emissions. He noted that the Newport Beach
Environmental Nature Center is one of the first platinum -level institutions and that the Civic Center
has a gold rating. Additionally, many of the new developments at Newport Center are LEED-
certified, the City recently adopted an Energy Action Plan that will measurably reduce dependence on
fossil -fuel energy, the fleet of City vehicles is turning to electric and Newport Beach is one of the few
cities that have charging stations around town. He commented on an Orange County sustainable
community strategy in which Newport Beach actively participates adding that Newport Beach is at
the front of those efforts.
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George Schroeder announced the upcoming 33rd Annual, Mayor's Dinner at the Marriott.
Additionally, he announced that Speak Up Newport holds a community forum, monthly, in the
Community Room on the second Wednesday of each month.
Dan Golden, Chemical Engineer and Economist with Fluor Corporation, noted that the effects of
climate change are real, the costs of which are exorbitant and unbearable; that we have the power to
do something about it and that 99° %0 of climate experts will agree. He used the purchase of fire
insurance as an analogy in terms, not because it is likely, but the consequences of not acting would be
fiscally irresponsible in case of the unlikely event. He addressed the Citizens Climate Lobby noting
that they have a policy proposal that has a similar consensus about the economy as scientists do about
climate change which can :revitalize the economy, addressed the root cause of climate change,
presented details of the proposal and that the time to act is now.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tom Selich reported that the General Plan/Local Coastal Program Implementation
Committee will meet on January 29, 2014 at 3:30 p.m. in the Crystal Cove Room.
Mayor Hill reported that the Aviation Committee met on January 27, 2014 and regularly meets on the
last Monday of each month at 6:00 p.m. in the Community Room. He encouraged those interested in
the City's relationship with the John Wayne Airport and the settlement agreement to attend.
Additionally, he announced that the Newport Beach Civic Center and Park has been LEED- certified
at the gold level by the U.S. Green Building Council.
XVII, PUBLIC HEARINGS
12. RESOLUTION NO. 2014 -6 - MODIFYING THE NEWPORT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT'S MANAGEMENT DISTRICT PLAN. 1100-
20141
Public Information Manager Finnigan provided a PowerPoint presentation addressing' four
proposals for Council's consideration. She reported that the first three (3) proposals related to
the Newport Beach Tourism Business Improvement District (NBTBID) which includes
modifying the current Management District Plan to shorten the term so that it will expire
January 31, 2014 so that the renewal process can begin (Item No. 12). If approved, the next
item (Item No. 13) is asking Council to renew the NBTBID for a term of ten (10) years with an
assessment of 3 %. If approved, a later item on the agenda (Item No. 21) involves amending the
NBTBID Management Agreement that the City has with Visit Newport Beach to manage the
NBTBID. The fourth proposal, which is not related to the NBTBID, is the existing agreement
with Visit Newport Beach for tourism promotion, branding and marketing. Item No. 12 is the
third and final step in the NBTBID's Management District Plan modification process to shorten
the term so that it expires January 31, 2014 rather than in April.
In response to Mayor Hill's comments, Public Information Manager Finnigan restated the
matter for clarity.
Mayor Hill opened the public hearing.
Jim Mosher stated this has nothing to do with synchronizing the TBID with some existing
schedule with Visit Newport Beach and believes there is a real problem with the City
government being involved in this particular enterprise. He added this is being presented as a
modification to the current Management District Plan and noted that usually, when Council is
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considering a modification to a contract, a red -line version is presented, which is not included in
the packet because what Council would be voting on will only last for three (3) days. Relative to
the next item, he cautioned against imposing a new Management District Plan where the red -
Iining would be critical since Council would be committed to a ten (10) year interval. The staff
report implies that once it is in motion, it will no longer be within Council's power to change it.
Hearing no further testimony, Mayor Hill closed the public hearing.
Motion by Council Member Curry. seconded by Council Member Petros to adopt
Resolution No. 2014 -6, A Resolution of the City Council of the City of Newport Beach Modifying
the Newport Beach Tourism Business Improvement District Management District Flan, to
shorten the term.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
13. RESOLUTION NO. 2014 -7 - RENEWING THE NEWPORT BEACH TOURISM
BUSINESS IMPROVEMENT DISTRICT. [100 -20141
Public Information Manager Tara Finnigan reported this is the second step in the process
where Council is being asked to renew the NBTBID changing the term to ten (10) years, setting
the assessment rate at 3% and would add the Island Hotel to the NBTBID.
Mayor Hill opened the public hearing.
Jim Mosher stated he expects that Council will vote "Yes" on the matter and indicated he is
pleased to see that in the revised District Management Plan (Page 10), it clearly states that for
the next ten (10) years, the meetings of Visit Newport Beach (VNB) will be open to the public
and subject to the Brown Act when they are dealing with any matter having to do with the
TBID. He stressed that this is a separate operation from the general tourism function of VNB
for the exclusive benefit of member hotels and felt it is unwise to mix this with VNB. He
addressed the creation of Newport Beach and Company adding that they could manage the
TBID separately from the broader vision of tourism promotion of the existing VNB. He
commented on skepticism expressed in prior meetings regarding the City being involved in the
far - profit operation and taking money from a marketing organization for City hotels and
commented on their prior offer of $150,000 to the City. He added that the organization is
restricted by State law to spending money for the benefit of member hotels within the District
and not for the benefit of the rest of the City.
Council Member Gardner noted that Item 20 discusses the amount of $150,000 and that it has
not disappeared.
Hearing no further testimony, Mayor Hill closed the public hearing.
Motion by Council Member Curry, seconded by Council Member Petros to adopt
Resolution No. 2014 -7, A Resolution of the City Council of the City of Newport Beach Renewing
the Newport Beach Tourism. Business Improvement District.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
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14. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY VARIANCE NO,
VA2013 -002 FOR 417 AND 419 EAST BALBOA BOULEVARD(PA2013 -086). [100 -20141
Community Development Directory Brandt reported that the property owner, the appellant in
this case, is requesting a continuance of the appeal of the Planning Commission decision that
occurred last year, to February 25, 2014.
Motion by Council Member Henn, seconded by Mayor Pro Tern Selich to continue the
item to the February 25, 2014 City Council meeting.
Mayor Hill 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 Tom Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
15. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF DAVIS LOT MERGER
AND SETBACK DETERMINATION AND RELIEF REQUEST FROM COUNCIL
POLICY L -2 (DRIVEWAY APPROACHES) LOCATED AT 106 6TH STREET AND 524
WEST OCEAN FRONT (PA2013 -176). 1100 -20141
Community Development Director Brandt reported this is the second appeal of a Planning
Commission decision made in November 2013 regarding a lot merger. She stated that the
Planning Commission approved the lot merger but that the appellant is appealing a Condition
of Approval and the determination regarding an alternative setback from the adjoining street
and deferred to staff for a report.
Associate Planner Nueno provided an overview of the appeal application addressing location of
the subject properties, background and Planning Commission review and recommendations.
In reply to Council Member Gardner's inquiry, Associate Planner Nueno identified the specific
area being considered. She listed the reasons for the applicant's appeal and addressed setback
determination and comparisons and proposed curb cut reporting that no construction project is
being proposed at this time but that the applicant has stated his intent to demolish the building
on the 6th Street property and construct two (2) two -car garages; one that would take access
from the alley and the other that would take access from 6th Street. Additionally, she
addressed Council Policy L -2, photographs of the area and recommendations.
Mayor Hill opened the public hearing.
Morgan Davis, property owner at 524 West Ocean Front, commented on Council Policy L -2 and
while he understands it, stated that 6th Street is a quiet street and felt that the Policy is not
applicable to his case. He reported that two (2) garages will be constructed on the lot which
would result in the City picking up two (2) street parking spaces which will be good for the
City; Additionally, he explained challenges with increasing the setback and commented on
maintaining open space. Members of the community who were present to support the project
raised their hands.
Council Member Henn referenced the issue of on- street parking asked regarding the amount of
linear feet there would be for on- street parking with his proposal.
Mr. Davis reported that currently, there are four - and -a -half (4 %) (rounded to 5) on- street-
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parking spaces and that the proposed move of the curb cut would improve the efficiency of on-
street parking.
Council Member Henn noted that people park in the available space and commented on the
removal of a dilapidated fence in the alley which would increase the open space and improve
the maneuverability of the alley. He stated that he respects the Council Policy and the
conclusion of the Planning Commission, but that the perspective is one of practicality and there
is good basis in this case for Policy-exception,
Council Member Henn proposed a motion to which Mr. Davis agreed.
Motion by Council Member Henn, seconded by Council Member Curry to a) find that
the action is not subject to the California Environmental Quality Act (CEQA) pursuant to
Section 15305 of the CEQA Guidelines; and b) adopt Resolution No. 2014 -5, A Resolution of the
City Council of the City of Newport Beach Approving an Appeal and Approving Lot Merger No.
LM2013 -003 and Staff Approval No. SA2013 -011 for a Lot Merger and Alternative Setback
Determination and Providing Relief from Council Policy L -2 for Property Located at 106 6th
Street and 524 West Ocean Front (PA2013 -176).
Community Development Director Brandt noted that on handwritten Page 28 of the staff
report, there is a Resolution to reverse the Planning Commission's approval and that there is
an additional finding that would need to be added to the record regarding the waiver of Council
Policy L -2; that the movement of the curb cut retains the existing number of on- street parking
spaces and improves alley maneuverability.
In response to Mr. Davis's inquiry regarding the setbacks, Council Member Henn stated he
would side with the owner and would include relief from the setback requirement.
In reply to Mayor Pro Tom Selich's question regarding the setback relief, Council Member Henn
explained there would be a seven (7) foot difference from what the Planning Commission
recommended.
Council Member Petros added that he is in support of the appeal and stated he recommends
adding to the findings that the notion of backing up into an alley is to prevent high volume
movements, creating safety hazards and stated that 6tb Street is rather short with low volume,
low speeds which makes it easy for him to make this finding as well.
Mayor Hill stated he walked along the site and agrees with previous comments.
George Schroeder commented on the loss of public parking, stated that he walks the area a lot
and that Council is doing the right thing regarding this matter.
Insuk Michaelson, adjacent neighbor, agreed with Council's decision on this matter. She
addressed challenges with access and parking in her garages and hoped that Council will
approve the item.
Hearing no further testimony, Mayor Hill closed the public bearing.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
XVIII. CURRENT BUSINESS
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16. APPOINTMENT OF NEW PARKS, BEACHES AND RECREATION COMMISSIONER
TO FILL AN UNSCHEDULED VACANCY. [100 -20141
City Clerk Brown reported that the City Council will vote by paper ballot to appoint a new
Parks, Beaches and Recreation Commissioner to fill the unexpired balance of Jack Tingley's
term which expires on June 30, 2015.
Jim Mosher commented on the Ad Hoc Appointments Committee for bringing before Council
more than the required two candidates. He added that unless Council is willing to waive Policy
A -2, there seems to be a procedural problem in that the Committee is supposed to present its
recommendations for appointments at least two (2) weeks before the appointment is to be made
and expressed concerns with the Committee being appointed without the public concurrence of
the remainder of Council. He addressed the City Charter, noting that it takes precedence over
laws and policies and felt that the appointments by Council should be made collectively, and
not as individuals and added that Policy A -2 is inconsistent with the Charter.
City Attorney Harp stated that Council has expressed its interpretation of the Charter through
Council Policies and that in most instances Mr. Mosher has his own interpretation.
City Clerk Brown announced the following vote:
Laird Hayes - Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
City Clerk Brown announced that Laird Hayes was appointed to the Parks, Beaches &
Recreation Commission to fill the unexpired balance of Jack Ti.ngley's term which expires on
June 30, 2015. She also added that she will contact him so that he may resign from his position
on the Water Quality/Coastal Tidelands Committee,
17. INITIATION OF AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT
POLICY LU 6.5.6 (PA2014 -009). [100 -20141
Community Development Director Brandt reported the City staff is requesting that Council
initiate an amendment to the General Plan as it relates to Land Use Element Policy LU 6.5.6
which provides for the coordination with State and Federal agencies in the planning of future
uses on Banning Ranch. The request is in response to a recent Minute Order of the Orange
County Superior Court in which it included, among other things, that Strategy 6.5.6 requires
the City to work with the California Coastal Commission to identify areas that will be
preserved or restored and developed prior to the City's approval of the Banning Ranch Project.
She reported that staff has concerns with this interpretation and believes it has implications
that conflict with the California Coastal Act. She noted that staff is concerned that Council
may be unable to authorize development absent coordination with the Commission which the
City may be unable to do without appropriate standard approvals, under the Coastal Act and
its implementing regulations. She added that staff believes that the Policy needs to be clarified
as to the intent when Council originally adopted it. She reiterated this is an initiation process
and if Council chooses to take action to initiate the General Plan Amendment, staff will prepare
the appropriate staff report and present a recommendation to the Planning Commission which
will hold a public hearing and make recommendations to Council. There will be at least two (2)
public hearings that will occur if Council chooses to move ahead.
Jim Mosher stated that this is not a complicated Policy and felt it is a good idea when Council is
reviewing applications when it knows that it will be rejected by other agencies. He commented
on the earlier study session relative to how the Community Development Department
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coordinated with the Coastal Commission in the development of uses for the Newport Pier and
stated he is unsure why staff thinks the matter is not a good idea and stated that he believes
that staff is not correct in its interpretation and sees no problem with the Policy as is.
Terry Welch, Banning Ranch Conservancy, noted a recommendation of not amending the Policy
and to comply with it. He commented on "padding" the project and noted that the Policy was
intentional and placed in the General Plan with tremendous participation by the public and
approved in 2006. The wording is very strong and specific for Banning Ranch because the
combination of resources for Banning Ranch are unique in Orange County. He addressed
existing vernal pools that have been shown to have Fairy Shrimp in them and stressed this is
exactly why LIT 6.5.6 is necessary. He urged Council to not rush into the amendment and read
the Coastal Act which describes the process in which the City can work with the Coastal
Commission prior to approval of a project.
Steve Ray, Executive Director of Banning Ranch Conservancy, commented on projects in which
cities have worked with the Coastal Commission prior to approving them. He referenced a
recent court case involving the Banning Ranch Conservancy and the City of Newport Beach
noting that the argument regarding the Coastal Act was presented to the court and it read the
black letter law and was familiar with case law related to it and found that the City's argument
held no merit and ordered the City to approve the project, lawfully, in accordance with the
City's General Plan. He addressed consideration and approval of the General Plan noting that
it was approved by the voters. He stated that by changing the law, Council would be violating
other laws to do so. He added that CounciPs misinterpretation of the Coastal Act will lead it to
endanger the City's Certified Land Use Plan and prejudice the ability to ever get a Local
Coastal Plan approved which would then result in a violation of the Coastal Act. Additionally,
the language would trigger CEQA review and an EIR and that if Council wants to change it,
the matter will need to go before the voters.
In response to Council Member Gardner's inquiry regarding the projects shown indicating that
the agency worked with the Coastal Commission, Mr. Ray corrected the statement that the
Crystal Cove /Coast project was done by the County and that the County worked with the
Coastal Commission on the matter.
In response to Council Member Daigle's inquiry regarding the Fairy Shrimp, Mr. Ray reported
that it is a federally endangered species and grows only in vernal pools and provides a food
source for other protected species. If the City were to work with the Coastal Commission to
identify those habitats that need to be protected, it would also be able to identify what areas, on
site, are available for development.
Mike Mohler, Newport Banning Ranch, stated having major differences between the prior two
(2) speakers and noted the importance for Council to consider its intent with the City's General
Plan. He stated that the Coastal Commission will not make a determination on ESHA or other
things until they have an approval in concept from the local jurisdiction. He felt that the
measure under consideration is to clarify what Council intended to do when the Policy was put
into place.
Council Member Petros indicated that the Policy speaks to working with agencies to identify
wetlands and habitats. He added that the judge upheld the CEQA findings of the
environmental documents as prepared and disclosed to the public in a public hearing. Included
in the CEQA document were detailed biotic inventories of those resources and the City has
demonstrated that those resources have been identified and commented on the notion of
padding.
Council Member Henn confirmed that Council is the arbiter of what the people of Newport
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Beach desire or mean and that Council has the responsibility to clarify the General Plan. He
indicated he will support the matter.
Council Member Daigle noted that the City is in litigation and understands that the courts
generally defer to Councils to represent the community and interpretations of the General
Plan,
City Attorney Harp noted that typically, the courts will defer to Council regarding
interpretation of its own General Plan. In this instance, staff feels that the court's
interpretation was not in line with what Council's intent was and that:is why staff is asking for
the initiation of this amendment.
Mayor Pro Tom Selich stated that one thing that needs to be pointed out and on record is that
when the General Plan was developed, there were two Citizen Committees one of wlvch was
chaired by Council Member Gardner and the other by him. If anyone can clarify what was
meant, it is them.
Motion by Council Member Petros, seconded by Council Member Henn to a) find this
action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3; and b) initiate an amendment to the General Plan to modify the language
of Land Use Element Policy LU 6.5.6.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
18. PROPOSED CIVIC CENTER & PARK LANDSCAPE MAINTENANCE CONTRACT
WITH PARK WEST (C- 5718), [381100 -20141
City Manager Kiff introduced the matter and noted the reason for bringing the matter before
Council and presented recommendations.
Council Member Gardner commented on the Avocado side of the park noting that it is like an
arboretum and encouraged residents to visit it.
Motion by Council Member Curry, seconded by Council Member Gardner to a) approve
a five year maintenance contract with Park West for the continued maintenance of the Civic
Center and Park in the amount of $155,652 for the first year, with an allowance of $31,130 for
supplemental work as directed by City staff; and b) approve Budget Amendment No. 14BA -28
appropriating $76,746 from the General Fund balance reserves to Municipal Operations
Account No. 3170- 80883.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
10. DIRECTION TO STAFF ON VARIOUS ISSUES. [100 -20141
City Manager Kiff reported this is a recurring item per direction of Council to determine
whether additional time should be spent on any of the issues. He presented the three as
follows: 1) should the City staff return with a proposed Council Resolution supportive of Mayor
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Chuck Reed's (Mayor of San Jose) statewide initiative that would allow local negotiation of
pension benefits for current employees' years not yet worked (among other things); 2) should
the City staff return with a proposed Council Resolution opposing efforts to revise Proposition
13 so that commercial properties have their assessed value revised in a different manner than
residential properties (aka the "Split Roll "; and 3) and should the City staff return with options
and concepts for speed reduction and/or traffic calming measures on Tustin Avenue near 23rd
Street? He added that these may be considered together or separately.
Qouncil Member Curry stated that Council has always been reticent as to whether to get
involved in issues of State or Federal involvement that do not specifically relate to the City but
that the first two Items currently being discussed are both pertinent and timely. Regarding
San Jose Mayor Chuck Reed's initiative, it would enable cities to negotiate with their
bargaining units and go- forward regarding changes to current pension tiers. He noted that
Newport Beach has been recognized as a leader for negotiating the second or third tier pension
program but that there are no tools available to move forward on the matter. He listed the
benefits of the initiative and asked that staff bring back to Council a Resolution in support of
the initiative.
Council Member Gardner clarified that the matter will be brought back to Council for
discussion.
Council Member Daigle stated that it has not been qualified for the ballot and there are other
possibilities of many related measures. She suggested that Council may want to wait until the
measures qualify before taking a position.
Council Member Curry stated the need to communicate support of the initiative while it is in
the signature - gathering phase so that people are aware of its importance.
City Clerk Brown announced that the straw vote was 6 -1, with Council Member
Daigle not supporting the item.
Regarding the second Item, Council Member Curry referenced an email from an organization
called "Evolve" based in San Francisco drumming up support among local governments for the
"Split- Roll"; to revise Proposition 13 so that commercial properties have their assessed value
revised in a different manner than residential properties. He commented on the advantages of
Proposition 13 and stated that with the proposed "Split- Roll" taxes would increase
substantially, especially for Newport Beach. It would have the effect of increasing vacancy
rates throughout the State, increase costs and unemployment. He asked for consideration to
direct staff to develop a Resolution reaffirming the City's position.
Council Member Gardner stated that it affects commercial buildings, not residential. She
stated that she does not mind bringing the matter back to Council, but that she would like to
see the other side of the argument.
Council Member Daigle stated that she was once very involved in opposition to "Split Roll" and
requested it be placed on the legislative agenda. She expressed concerns regarding overreaction
adding that no one with credibility is pushing "Split Roll" at this time.
Council Member Curry reported that it has been proposed in the new legislature and that there
are a 273 majority of Democrat legislators looking for an opportunity to move forward with
"Split Roll ". More than twenty (20) local governments and school districts have already signed
up as this being a good idea.
Jim Mosher commented on the three matters. He noted there will be expenditures of public
resources pursuing each and stated opposition to the first and second and support for the third
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Item. He explained his rationale for supporting /opposing them.
City Clerk Brown announced that the straw vote was 5 -1 -1, with Council Member
Gardner not supporting the item and Council Member Daigle absent from the vote.
Regarding the third Item, Mayor Pro Tom Selich referenced a prior meeting where information
was presented regarding options and concepts for speed reduction and /or traffic calming
measures on Tustin Avenue near 23rd Street. He stated that the subject merits further
consideration and asked that the matter be placed on a future agenda.
City Clerk Brown announced that the straw vote was 9 -0.
2o. AMENDMENT TO AGREEMENT WITH VISIT NEWPORT BEACH (VNB) FOR
TOURISM PROMOTION, BRANDING AND MARKETING SERVICES (C- 4961).
(381100 -20141
City Manager Kiff reported that this relates'to a previous presentation by Public Information
Manager Finnigan (Items 12 and 13), and noted that this item does not address the TBID but
rather the City's agreement with Visit Newport Beach. Council will consider assigning the
$150,000 proposed annual public benefit or leave it more ambiguous.
Council Member Henn commented on differences regarding how the money should be used. He
believed that the funds should be used for arts programming but would be willing to allow more
time to think about the matter and suggested bringing it back to Council in June for a more
specific determination on the use of funds. Additionally, he suggested broadening the language,
retaining the use to support arts programs or for such other uses that may benefit the
hospitality industry, according to Council's determination.
Mayor Pro Tem Selich believed that his idea concerning affordable hotel rooms is a good one but
agreed with Council Member Henn noting that the matter needs additional vetting and
deferring it would allow for exploring more ideas in order to come to a conclusion.
Council Member Daigle proposed funding both suggestions and splitting the funds.
Council Member Gardner commented on the idea of an affordable hotel and that such is not
required in areas outside the Coastal Zone. She stated support for making it as flexible as
possible but felt there are additional issues to explore.
In response to Council Member Daigle's inquiry regarding the relationship between the various
entities, City Manager Kiff suggested that Mr. Sherwin could better describe that relationship.
Gary Sherwin, Visit Newport Beach (VNB), reported that it does not change what is currently
being discussed. The only thing that has changed under their organizational structure is that
since initial discussions with the City to help the Restaurant BID, the Balboa Village Bid,
NBTV, etc. began; those responsibilities are being handled by Newport Beach and Co., which is
the umbrella organization that supports all of their marketing efforts.
In response to Council Member Daigle's question regarding TOT funds, Mr. Sherwin reported
that funds are assigned only if approved by their Board.
In further response to Council Member Daigle's questions, City Manager Kiff reported that the
expenditure is generally included in the agreement for VNB to market the community as a
destination. The City has regularly audited VNB and will continue to do so.
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Mr. Sherwin reported there is an annual compliance provision in their audit to spend the funds
consistent with their mission.
City Manager Kiff added that VNB has asked that the $150,000 be made payable in two (2)
equal payments throughout the year instead of one (1).
In response to Council Member Gardner, City Manager Kiff clarified that they are not
payments, but withholdings, therefore, would be withheld in two (2) equal payments.
Jim Mosher commented on the various organizations involved in this matter and reported
speaking with the Chief Financial Officer of both organizations which have the same Boards
and same office areas and she assured him that they are separate and distinct organizations.
He noted that this has nothing to do with the NBTBID and that the money is not coming from
them, but rather from the general TOT intended for promotion of the City as a destination. He
addressed the history of the matter and spoke in opposition to the proposal.
Council Member Gardner commented on the original agreement and stated this is not as good a
deal.
City Attorney Harp reported there are different restrictions on different uses of money and
noted it varies in that there are no restrictions as to the use of the $150,000.
Council Member Gardner added that the TBID is self- assessed, which is a "fresh pot" of money
while this is not and that this is a different deal than what was originally generated.
Mayor Hill stated this is a strange discussion and that if he was a business advisor; he would
advise VNB to take back the offer. He added that this was offered to meet Council's needs in
furthering the City's arts programs. He suggested that Council take it or leave it.
Council Member Daigle asked whether there are restrictions regarding Board Members of VNB
receiving income from any contract or agreement.
City Attorney Harp stated he would need to review the matter, however, Mr. Sherwin reported
that their Bylaws specifically state that none of the governing Board Members receive any form
of compensation, whatsoever. If they were ever to do business with VNB, they would never be
part of their Board.
Motion by Council Member Henn, seconded by Mayor Pro Tern Selich to a) authorize
the Mayor and City Clerk to execute the Amendment to the 2011 Agreement between the City
of Newport Beach (City) and VNB in a manner and form substantially similar to the document
attached to the staff report; and b) bring the item back in June for the City Council to provide
direction on how the City will use the proposed $150,000 in annual public benefit funding
provided for in the Amendment to the 2011 Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry,
Council Member Henn, Council Member Daigle
Noes: Council Member Gardner
21. AMENDMENT TO AGREEMENT WITH VISIT NEWPORT BEACH, INC. (VNB) FOR
TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT (C- 4436). [38/100-
2014]
City Manager Kiff introduced the item and presented the proposed contract
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Jim Mosher noted that VNB has been identified as the entity with which the City will contract.
He reiterated that he believes it is inappropriate to mix this with the general TBID promotion
on behalf of the City, as a whole. He added that the contract is for the exclusive benefit of the
eight (8) hotel members and commented on entities that do not gain any benefits from this
effort.
Motion by Council Member Curry, seconded by Council Member Petros to authorize
the Mayor and City Clerk to execute the Amendment to the July 1, 2009 Agreement between
the City of Newport Beach and VNB in the manner and form substantially similar to the
document attached to the staff report.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
S22. ORDINANCE NO. 2014 -2 - MATERIALS BURNED IN BEACH FIRE RINGS. 1100-
20141
City Manager Kiff introduced the item noting that staff is asking for Council's introduction and
first reading of the proposed Ordinance. He explained details of the Ordinance and referenced
the staff report noting it includes additional information and welcomed comments from Council.
Council Member Gardner commented on earlier pertinent discussions and asked why fire wood
is allowed when there are alternatives available.
City Manager Kiff stated that in the plan that Council adopted, it suggested this as an
Ordinance to be adopted at a future date. He addressed the spacing suggested by Council
envisioning some wood fueled rings with the alternative of low - emission logs. He added that
the SCAQMD does not believe that natural wood or low emission logs are as fuel efficient and
are more polluting than natural gas.
Council Member Gardner wondered why, if there is a health issue, natural fire logs are allowed.
In response to Council Member Petros's inquiry regarding enforcement, City Manager Kiff
noted the need for an Ordinance to apply regulations and noted enforcement with a
combination of Park Patrol, education, Code Enforcement and the possibility of late -night
policing.
Council Member Daigle commented on options for modifying fuels and wondered if there are
additional options.
City Manager Kiff reported that Rule 444 is fairly clear that, without physically moving the
rings, the only things that can be burned, after March 1, 2014, are liquefied gas, gaseous
natural gas or charcoal.
Council Member Daigle asked regarding an exemption in the Rule for being ADA compliant in
terms of spacing and distancing.
City Manager Kiff reported that the City would have to make some paved or hard surface trails
and make the rings accessible to wheelchairs. He added that this would require a full Coastal
Development Permit (CDP) and that Council did not authorize its pursuit. He added that he is
unsure why the State Lands Commission would weigh in on the matter. He added that there
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would be no restriction of tidelands and that the access would remain the same.
In response to Council Member Daigle's inquiry regarding the City's belief that there is no one-
size- fits -all solution for fire rings and whether this is a City policy, City Manager Riff stated
that it would be a policy if Council adopts the Ordinance. Furthermore, regarding delegating
fuels to the City Manager, he stated that the Ordinance would, for a period until November,
allow the City Manager to restrict the type of fuels further only if it is mandated by SCAQMD.
Council Member Daigle commented on All 1102 and asked what would happen if it were to
pass.
City Attorney Harp reported that if Council were to adopt the Ordinance and the Assembly Bill
were to pass, it would make the City's Ordinance ineffective until the City would get a CDP
approving the Ordinance.
City Manager Kiff addressed the latest generation of the Bill adding that it doesn't affect the
AQMD rule - making or Rule 444 but that the only way to implement it is through a CDP. The
locality has to show how complying with the Rule does not, in the State's eye, violate the State's
preference for no net loss in fire rings.
Regarding the one -size- fits -all Policy, Council Member Daigle asked how it comports with the
Coastal Act to have low -cost recreational amenities.
City Attorney Harp noted there are many issues in play including nuisance issues where
different policies and interests are being merged.
Council Member Curry added that the one - size - fits -all language serves to say that Newport
Beach's solution is for Newport Beach and that the City does not presume to suggest that other
cities ought to adopt a similar solution or approach.
Council Member Henn wondered what is being accomplished by the Ordinance and noted that
the four things that the City is approving to burn would still receive a citation from the
AQMD.
City Manager Kiff reported that the City is caught between two agencies and that there is no
way that a CDP for the approved plan can be submitted in time by March 1, 2014. However,
the plan that Council approved, does have the ability to be approved by the Coastal Commission
as they don't question the fuel source.
City Attorney Harp stated that the Ordinance allows the City Manager to come into compliance
with the AQMD Rule in the interim while processing a CDP. By the time the interim solution
falls off and there is a CDP in place which implements direction by Council, the rest of the Rule
can remain in place.
City Manager Kiff stated it could be done in two (2) steps but suggested doing it in one (1).
In response to Council Member Gardner's question regarding the meaning of natural fire wood,
City Manager Kiff stated it is not defined right now, but that if a larger plan is approved it will
remove things like manufactured pallets and trash being burned in the fire rings.
Mayor Pro Tem Selich noted that in the long term, natural wood would be permitted if the fire
rings are distanced properly.
City Manager Kiff reported that wood cannot be burned in rings with natural gas
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John Klug commented on his giant sign on the 91 Freeway last year regarding fire rings. He
stated that he is a builder who supports sustainability. He reported that he has a global project
underway that will be the center for sustainability. He commented on the fire rings at Corona
del Mar, and reported on his twitter account regarding this matter " @thefirering" and
encouraged residents to contact him at klug@MIT. He spoke in favor of the fire rings.
Frank Peters, who resides within 520 feet of the fire rings, spoke in favor of removing the fire
rings and commented on the concept of "clean coal ". He stated that natural wood is part of the
problem and that the issue at hand is the particulate matter generated when burning wood. He
asked that Council comply with the AQMD Rule as much as possible. He reported that he is a
videographer and has captured a lot of bad behavior related to fire rings. He commented on the
human experience occurring by the fire rings and stated that his opinion on what is occurring
has changed. He urged Council to comply with the AQMD Rule as much as possible while
retaining the experience that people enjoy there.
Doug Swardstrom, Friends of the Fire Rings, agreed that the plan has few fans and that his
organization supports AB 1102. He asked that Council include the considerations relative to
the types of allowable fuel and hold off on moving rings to see how new regulations may play
out.
Council Member Curry stated that Council is not proposing to move or reduce any fire rings at
this time.
City Manager Kiff reported that the Ordinance has nothing to do with movement of the fire
rings, just the fuel source.
Jim Mosher commented on the definition of fuel sources, in particularly that of fire logs. He
referenced a paraffin- coated cardboard log that was presented in a previous Council meeting
and wondered if it would qualify as a fire log under the Ordinance provisions. He commented
on the application of Rule 444 and when it would sunset and the use of beach fire rings and
wondered if it applies to private fire rings.
Motion by Council Member Gardner to introduce the Ordinance, but exclude natural wood
from the list of allowable items that can be burned in the fire pits.
The motion died for lack of a second.
Motion by Council Member Daigle to do nothing relative to fire rings.
The motion died for lack of a second.
Council Member Curry stated that the problem with the motion is that there is a State agency
that will tell the City, on March 1, 2014, that the City is responsible for regulating what people
burn in fire rings or the City will be fined. Another agency is telling the City it cannot restrict
what people burn in the fire rings until it has a CDP and a State law that negates the State
agency with conflicting purposes and goals. He believed the Rule gives the City the ability to
avoid fines and let the two (2) State agencies sort it out.
Motion by Council Member Curry, seconded by Council Member Petros to introduce
Ordinance No, 2014 -2, An Ordinance of the City Council of the City of Newport Beach,
California Adding Section 11.08.060 to Chapter 11.08 of the Newport Beach Municipal Code
Relating to Beach Fire Rings, and pass to a second reading on February 11, 2014.
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Mayor Pro Tem Selich commented on how the City is caught in the middle and wondered if the
AQMD would fine the City if it were to do nothing.
City Manager Kiff reported speaking with the Executive Director of the AQMD who told him
the City will need to be in compliance by March 1, 2014.
Council Member Gardner stated this seems like a reasonable compromise and that she will
support the motion.
In response to Council Member Daigle's question regarding the amount of the fine, Mr. Kiff
reported that it could be per violation and thousands of dollars per day. He added that the Bill
does not apply until January 1, 20 €5 so there is a period of ten (10) months to deal with an
agency that may fine the City.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn
Noes: Council Member Daigle
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 9:48 p.m.
The agenda for the Regular meeting was posted on January 23, 2014, at 4:00 p.m. on the
City's website; on January 23, 2014, at 4:00 p.m, on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on
January 23, 2014, at 4:00 p.m. in the Meeting Agenda Binder located in the entrance of the
City Council Chambers at 100 Civic Center Drive. The Supplemental Agenda was posted on
January 24, 2014, at 1:45 p.m. on the City's website; on January 24, 2014, at 1:45 p.m. on the
City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers
at 100 Civic Center Drive; and on January 24, 2014, at 1:50 p.m. in the Meeting Agenda
Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive.
City Clerk
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Recording Secretary
Mayor
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