HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
February 11, 2014
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
January 13, 2014 — 5:30 p.nL
I. ROLL CALL - 5:30 p.m.
Present: Council Member Gardner, Council Member Patios, Mayor P Selich, Mayor Hill, Council
Member Curry, Council Member Henn, Council Member Bar
II. PUBLIC COMMENTS
Jim Mosher questioned if the City is starting a new
Regular Meeting of the year to conduct Closed Sess
City is currently involved in on the internet.
City Attorney Harp announced that the City Cc
listed on the Closed Session Agenda and listed
will be recusing himself on Item III.B. (Initiati
on a business interest.
III. CLOSED SESSION - 5:35 p.m.
of .,? ing a Special Meets rior to the first
S, geated posting a list NON
;litigations the
will be me Ndued-,P6,potential Closed Session to discuss the items
;ends itemeported that Council Member Henn
lgajion) conflict of interest based
A. CONFERENCE WIT LEGA COUNSEL - sEXISTING LITIGATION
(Government Cod54956.$(d)(1)): 7 matteg�
1. Craig F Jon Stezr Slau2rrEayVewport Beach, et al.
Oran g ountyrio� urt Case No. 2011. 00.472517 -CU -OE -CJC
0
2. $6* Bert Morton v. City` Newpo', each, et al.
e County Superi`pt Court e No. 30- 2013 - 00639839 -CU -OE -CJC
S. John Fi an V. City offlVewport Beach, et al.
Orange Cory Superk Court Case No. 30- 2012 - 00582855 -CU -OE -CJC
4. Christine Houga `City of Newport Beach, et al.
Orange County S °perior Court Case No. 30- 2013 - 00646369 -CU -WT -CJC
5. Arnie Pike, et al. v City of Newport Beach
United States District Court, Case No. CV -08 -8580 DSF (RNBx)
6. Banning Ranch Conservancy v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30 -2012. 00593557- CU- WM -CXC
7. Newport Beach Dockowners Association, et al. v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2013 - 00630419 -CU -WM -CJC
Volume 61: Page 397
City of Newport Beach
City Council Special Meeting Minutes
January 13, 2014 .
IV.
V
B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 3 matters
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City
Deputy City Manager; Negotiators
Employee Organizations: All Labor Associations: A ciatior,
Lifeguards (ANBOL); Newport Beach City Employeesx s tion
Employees League (LABEL); Newport Beach Fii 'ci s Asso ' tii
';* .
Fire Management Association (NBFMA); Life and Manager
Newport Beach Police Association (NBPA); N port Beach Polio
(NBPMA); Newport Beach Professional and• - 'chnic Association
Employees Association of Newport Beac I TEAIQ .
xs
CLOSED SESSION REPORT
City Attorney Harp reported that Mayor
Dochowners Association, et al. v. City of 1
City Attorney Harp also announced that the
litigation to resolve a claim by Liop Partners
Newport Boulevard. Council lbus'- Henn
conflict of interest based ss rely
Pl aza. All of the remaini °Cembers
action, defendants, and t$ er pticulars
is commenced. 'ter. ��....
and Terri Cassidy,
of Newport Beach Ocean
(NBCEA); Newport Beach
a (NBFA); Newport Beach
it, Association (NBLMA);
nagement Association
EA): and Part -Time
from Item III.A.7 (Newport Beach
At BMA, .et al.) becaqgl,, he owns a private pier.
Citk Council aed tx City Attorney's Office to initiate
tha it has I eas across the property located at 3300
recu d r5iself from t s matter because he has a potential
tionsi` with Via Lido Drugs which is located in Via Lido
were`esent and voted in favor of initiating litigation. The
shall b44isclosed to any person upon inquiry once litigation
The age a for the Special eetind'%as posted on January 9, 2014, at 4:00 p.m on the City's
web -; o nuary 9, 2014, 4:00 p.' on the City Hall Electronic Bulletin Board located in
the entrancethe City Cou 'il Chambers at 100 Civic Center Drive; and on January 9, 2014,
at 4:00 p.m. i e. a MeetingAAgenda Binder located in the entrance of the City Council
Chambers at 100�vic Center rive.
City Clerk
Recording Secretary
Mayor
Volume 61.- Page 898
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting - 2014 Planning Session
January 25, 2014 — 8:30 a.m.
1.
2.
WELCOME
Roll Call by City Clerk Brown
Present: Council Member Gardner, Council Member B
Member Curry, Council Member Henn, Council Member
Comments from the Public on Non - Agenda Item
Jim Mosher took issue that the meeting was not conduce
priorities should be community- driven.
George Schroeder expressed the opinion that` In
type of meeting.
City Manager Kiff reviewed
3. COUNCIL'S ADOPTED
City Manager Ki - 1
ended the ye Ia sigi
and the ol(L ty Hall site wa:
are and y (Sunset Ridge
Lan dscap wan d Bristol S
(Harbor rent sre outsourcir
x
entitled "Priority sues and
projects are in the PIan.
Council Member Henn r
environment. -He behevE
the accomplishments are
Session
Pro
the Council Chambers
Mayor Hill, Council
that the
a better atmosphere for this
p], tWprovide a recap of 2013. He reported that the City
is, Part rime is down again, the Civic Center was completed,
_p become the Lido House Hotel. He reviewed the big projects that
Park, the Lifeguard Headquarters remodel, Balboa Boulevard
.sc� g); and discussed challenging decisionslactions conducted
nti refuse collection, and fire rings). He highlighted the handout
from 2013 - A January 2014 Update" and noted that most of the
*"at the list of accomplishments is extraordinary considering today's fiscal
i other cities can only dream of accomplishing the same list. He added that
that will benefit the City for generations.
Council Member Gardner pointed out that the list was accomplished even though the number of employees
has decreased. She stated that staff has created better efficiencies.
At the request of Council Member Daigle, City Manager Kiff reviewed the John Wayne Airport (JWA)
accomplishments. He noted that the City began negotiations in 2012, the four parties involved in the
Settlement Agreement (County, City, Stop Polluting Our Newport [SPON], and the Airport Working Group
[AWG]) agreed to bringing the agreement forward for review, the agreement will undergo public review
starting March 2014, and then it goes before the Federal Aviation Administration (FAA), and the District
Court Judge.. He indicated that the flight limits will expire in a year.
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City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
4.
Jim Mosher believed that last year's list should have been provided so this year's list would be more
comprehensive. He suggested that Council revisit how Consent Calendar items cannot be removed by
members of the public and how Council Members cannot directly request an item to be placed on a future
agenda. He also noted that fire rings were not officially considered a priority by Council at the last
Planning Session. He indicated that he provided written comments relative to the initiative to amend the
Newport Beach Municipal Code, the Wireless Telecommunications Facilities Code, and the General
Plan/Land Use Element Amendment. He questioned what activities did not make it onto the list.
2014 Fiscal Picture
Finance Director Matusiewicz utilized a PowerPoint preser
reported that the economy is showing signs of consistent h
tax revenue, and Transient Occupancy Tax (TOT) reven3
reported that the City currently has a surplus of $130 m
Council Member Henn pointed out that the change i ,'' event
Council Member Gardner questioned how high the rese�e
Member Henn indicated that there is a commitment to sperii
City functions /projects. -He emphasized th is spending
reserves may be utilized.
to disss the City's fiscal picture. He
ment sings- property tax revenue, sales
up. He dxusaed City Revenues and
�a
2012 to 2013 incre d $1.3 million.
be before the City spends it. Council
in 2013 for parks and other important
cash - funded .spending, so some of the
Council Member Daigle believed that the op mum ani5" of res es should be analyzed. Council
Member Henn stated that the amount has not b n an "NE.1bg City has enough to preserve its AAA
credit rating all three to r.,." "
g y p g�tfi'�gencies, one 'pf o�lj* five cities alifornia to have the highest rating
from all three major rating nciel Finance Direr Matusiewicz clarified that the reserves will actually
need to increase in order Ali pay casVor the project,
Pensions and Ca1PERS h
City Manage "ti a Po Point presai 'on and reported that Ca1PERS rate increases are
driven by ial investmen rnm' the change in the assumed earnings rate, the change in mortality
assumpt t8, and the recent cl nge in .Portization policy.
Relative to Ca1PERS Hist(V. c Investituent Returns, Council Member Henn suggested moving the
baseline from .> ato 7.5% since PRS has to maintain 7.5% in earnings.
Finance Director Msi siewicz eported that the City's amortization policy is more stringent than the
State's and, shortly a e� the ,ity starting doing this, other cities followed. He noted that the rate will
increase again in 2016, w` Ws the same time the mortality issue will be affecting the City.
In response to Mayor Pro Tern Selich's question, City Manager Kiff indicated that the risk of paying the
deficit down sooner since the City has a surplus is that the City is taking a risk by assuming that the
money will have the same value. Council Member Henn added that paying extra is an irrevocable use of
the money and the City will lose the flexibility to use that money for other projects. He commended the
change to fixed amortization and noted that the City did this prior to Ca1PERS doing it.
In response to Council questions, City Manager Kiff reported that the City has implemented 2nd and 3 d tiers
for new employees, and City employees are now contributing more towards their pensions. Deputy City
Manager /Human Resources Director Cassidy indicated that there is not enough data to determine if doing
this has deterred good candidates from coming onboard with the City.
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City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
Council Member Curry reported that the City exceeded the State's Pension Reform prior to State law going
into effect. He noted that the City's target is that employees pay up to 50% of the total pension cost and'that
the City's efforts have been recognized by the Orange County Taxpayers Association.
Mayor Hill commended the Finance Department for all its hard work.
Dennis Baker questioned how other cities impact the City's rate. Council Member Curry reported that the
City has its own account with CalPERS, but smaller cities might not and could b, impacted when cities file
bankruptcy. '
George Schroeder expressed the opinion that Newport Beach has the Wt employees, the City is being
responsible for today's needs, and he would not like to see good employ,' j — privatized.
2
Council Member Daigle added that the City needs to maintain itgh level of se` 'ce.
Council Member Henn emphasized the City's appreciatiQ;
financial problems are separate from this.
s
Jim Mosher believed that the City is paying its employees
and would still attract good people if it reduces benefits.
destroys confidence for those that want to workthe goverx
::, =l,
Mayor Hill recessed the meeting at 9:35 a.xi
members of the City Council present.
Police Department Update e, �. s
and "fibinted out that the
providing benefits more tl'8n it needs to,
iexpressed the opinion that outsourcing
meeting at 9:47 a.m. with all
Police Chief Johnson utilized- A"PowerPoint presents* ii indicated that AB 109 (Prisoner Realignment)
will release 20,000 to 30,OOimates, nd that about 0 recidivists have been contacted and arrested in
Newport Beach already. He re rted flat the Califcrii Police Chief Association is proposing AB 1449
which would close someslpoPhole§ = Oce Chi Johnson reported that violent crimes are down
in the City and thatzal3' yea;nly sevexY" y crimes /thefts have occurred. He also discussed
the Police Depaent's crxmep vent xli campaign which was paid for by seized assets.
Council M r Curry commende. he Poli epartment and stated that crime has increased about 20%
in surroundgies due to AB 109
In response to CouA questions, 1p'lice Chief Johnson discussed how the Police Department is a data -
driven department anil""at the ne_v Computer Aided Dispatch/Records Management System (CAD/RMS)
will assist with this endeakr.
Mayor Hill encouraged everyoipl, o go through the Police Department's Citizens' Academy.
Public Works Proiects
Public Works Director Webb reviewed major projects currently underway in the City, projects that will
begin within 6 to 9 months, and additional future projects. He discussed the Sunset Ridge Park and
indicated that it is scheduled to open in Spring 2015; provided an overview of the Marina Park Project and
indicated that it is scheduled to open in Spring 2016; and reviewed the Back Bay View Park Project. He
reported on the proposed concepts for Sunset View Park and Lower Castaways Park.
Council Member Petros expressed appreciation that 56% of the Capital Improvement Projects (CIP) are in
Volume 61 - Page 418
City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
ti7i
West Newport. He requested that staff keep residents informed about the Semeniouk Slough Project and
pointed out that the General Plan requires a wellness program with Hoag Hospital.
In response to Council Member Daigle's question, Public Works Director Webb indicated that staffing
levels at this time are adequate, but may come before Council if more resources are needed.
Mayor Hill recessed the meeting at 10:36 a"m. and reconvened the meeting at 10:42 a.m with all
members of the City Council present.
Community Development Projects
Mayor Hill recused himself from any discussions relative to hers Mile and West Newport
since he owns property within 500 feet of each area. k,..
Council Member Henn recused himself from any disclsion relativ Lido Marina and the
reuse of the former City Hall site because of a po}ttiad conflict of rest since he has a
business relationship with a business in the Via Li* Plaz z
Community Development Director Brandt reporte�'l Comm
Planning, Building, and Code Enforcement. She utilized werPoi�
of how the General Plan process works and noted that the'timatc
She reported that a Land Use Element Amylment will be
discussed the Local Coastal Program (LCP) Pjreutation Plai
approval to occur in December 2015. Com nii?gl elopment l
projects include the Lido House Hotel pr�act, the
Vill
revitalization in Balboa Village, mixed use at Ba`-k Bay in
project. She indicated that laxojects under "opt'` ction inc
Mariner's Pointe, 650 Newt Ce4er Drive, 52 wport Center
Community.
unity Developmeriiia comprised of
tt presentation to provide an overview
goal is to obtain a Building Permit.
I on the November 2014 ballot. She
d indicated that she anticipates final
ector Brandt reported that future
i Residential Community project,
a t& San Joaquin Plaza Apartments
the Newport Bay Marina Project,
Drive, and the Meridian Residential
City Manager Kiff reported') t t k, orts from tli Recreation and Senior Services Department, Fire
Department, Libr r A. vices r� �orma0i Technology (IT), and the Municipal Operations
Fv t i 1 :i:<
Department cast oiudri at audy Sessron lx5 #t+der to discuss the 2014 priorities.
Dennis B er requested that -*hats 961" eluded in cycling priorities. Council Member Petros stated that
public ir"twill continue to biltaken. '" oted that there were three public outreach meetings and a
survey was 8%wucted, and that V1re BicycOMaster Plan Oversight Committee holds regular meetings to
receive public 'jut. Council l mber Daigle noted that everything also has to come before the City
Council for approi,.,
Howard Cole, New port`y� Cservancy, noted that it is a challenge for the State, County, and City to
determine landown wport Bay. He indicated that, if everyone can work together, there may be
opportunities for assistanc e:. conduct major projects in that area.
Jim Mosher noted that the Local Coastal Program (LCP) was a top priority in 2006, but has yet to be
completed. He commended the City for the park projects, noting that the Marina Park site was previously
being considered to be a hotel. He believed there is language in the City Charter relative to public,
dedicated open space.
PRIORITY EFFORTS FOR 2014
City Manager Kiff reiterated Mayor Hill's recusal from any discussions relative to Mariners Mile
and West Newport; and Council Member Henn's recusal from any discussions relative to Lido
Marina and the reuse of the former City Hall site.
Volume 61- Page 419
City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
City Manager Kiff referenced the handout entitled, "Priority Issues and Activities for 2014 — Draft for
Discussion Purposes Only" and noted that the final list will be coming before Council in February for
approval.
Arts
Council Member Gardner noted that the City has art in storage, but is not a museum. She believed that the
arts consultant should identify what the City should keep, sell, or save.
Council Members Petros and Henn pointed out that Council approved an,:Aunded the creation of an Arts and
Cultural Master Plan. City Manager Kiff indicated that this wills occur, but he was waiting until a
Library Services Director was hired. Public Information Manager W igan added that the City wanted to
begin the Civic Center Invitational Sculpture Exhibition Cont *and liv the consultant assist with the
contest. r
d
Without objection by any member of the City Count completion of the and Cultural Master
Plan was added to the list.,`
Business Imurovement. Marketing, Civic Affairs
Council Member Gardner noted that,
unhappy with how things were being
staff time.
Mayor Pro Tem Selich indicated th t the Marine'i
engaged since then; Council Mi' Henn report
the City and working well wi the Ialboa Village
Newport Restaurant BI 14, please to have Visi
Council Member Henn noteri that VTB is also assi
ago, theiness Improvement Districts (BIDs) were
,lat the COP lieved that BIDs were using too much
rIercha31 - Association are doing well and are more
the Balboa Village BID is working independent of
y Committee (BVAC); Mayor Hill reported that the
,rt Beach (VNB) assist with their marketing; and
Council Meer Gardner indf) ted d something needs to be done about removing runoff at Little Corona
since it ' Area of Special logical' d nificance (ASBS) and National Pollutant Discharge Elimination-
System S) Area. <.,
Without object by any mert'ber of the City Council, looking into runoff removal solutions in
Little Corona waded to th" list.
Community Developmamt
Mayor Hill recused himself from any discussions relative to Mariners Mile, West Newport, and
Balboa Boulevard since he owns property within 500 feet of each aera.
Mayor Hill noted that the Corona del Mar entryway has been on the list for years. Public Works Director
Webb requested that discussion about this wait until the parking issue has been resolved. Council Member
Gardner noted that community outreach is also needed.
Regarding Mariners Mile, Mayor Pro Tem Selich indicated that the Land Use Element Amendment Advisory
Committee supports doing something in that area. City Manager Kiff indicated that any proposal will be
brought to Council for adoption.
Michael Toerge believed that the Mariners Mile public walkway should be a priority.
Volume 61 - Page 420
City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
With Mayor Hill recusing himself, the remainder of Council agreed to placing Mariners Mile on
the list.
Community Engagement
Mayor Hill stated that the City needs open communication with the Newport -Mesa Unified School District
(NMUSD) to help improve the education system.
Regarding NBTV, Public Information Manager Finnigan indicated that it
the. end of February or early March. .r
Without objection by any member of the City Council,
added to the list.
Other Major Public Facilities/Public Works Proiects
City Manager Mff reported that the West Newport
February 11.
Regarding public facilities, Council Member Henn indica
the Facilities Finance Plan (FFP) after the 4�t Newport
Council Member Gardner noted that, relative
handle the drought, which could include a new
City Manager Mff indicated
Projects (CIP). Council Me:
Restaurant, will keep movto
resources from the Orang
Council Mem "Gardner
steps need,bastal Commission
needing l stal Commission pe
Without objeeapp by any met,
Council Member Pe noted
recommended doing tht `'iroug
will be going
transitioned to VNB either
with the NMUSD was
the City Council on
the Finance Committee needs to reanalyze
s Plan is considered.
the City needs to have a plan to
using artificial turf
wussion will occurtat a Stud ssion regarding Capital Improvement
-os expressed '"e that the project on Coast Highway, near Cappy's
since it is clq to receiving Caltrans concurrence and the City can use
Park to aasiatvith the project.
Ling simple can occur in Lower Castaways, noting that the wood
Mayor Pro Tem Selich suggested seeing what can be done without
of the City Council, Lower Castaways was added to the list.
simple improvements freshen up parks, like Cliff Drive Park, and
the City.
Regarding dog parks, CouWMember Curry indicated that the Civic Center dog park is one of the most
visited sites at the Civic Center and asked about opportunities to have dog parks in other locations. City
Manager Kiff indicated that dog parks are relatively inexpensive to create.
Without objection by any member of the City Council, looking into other dog park opportunities
was added to the list.
In response to Council questions regarding the City's urban forest, Municipal Operations Co- Director Pisani
reported that the Parks, Beaches and Recreation Commission Subcommittee is revisiting City Council
Policies G -1 (Retention or Removal of City Trees) and G -6 (Maintenance and Planting of Parkway Trees) in
late Spring.
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City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
City Manager Kiff indicated that the City needs about 8,000 more trees which cost $600 to $800 each (about
$5 million). Mayor Pro Tem Selich recommended creating a 3 -5 year plan so the City can reinvest in its
urban forest.
Council Member Daigle pointed out that members of the Newport Beach Conservancy are in attendance and
announced that the Big Canyon Creek Restoration is on the list.
Re- Thinking Government
Discussion ensued relative to enforcement at Corona del Mar State Beack, Hd Little Corona del Mar State
Beach, and possibly having State Park Rangers administer the beaches ay 'handle enforcement.
Without objection by any member of the City Council,
administer the beaches and handle enforcement was ado
Regarding outsourcing, Mayor Hill suggested removing it
Transportation
having State Park Rangers
the
list; however,'n consensus was reached.
Regarding flashing crosswalks, Council Member Petros i1' that it is included in the Mhster Plan. Council
Member Gardner stated that residents in Corona del Mar tially wanted it, but do not like having it now
because the road cannot be synchronized. Ck ncil Member suggested still looking into the technology
since it can be helpful in locations like Balboa gard.
Without objection by any member of the U& C
on Balboa Boulevard was added to the list.
Council Member Henn quest"aribd y the City di
Curry noted that Fort La t erdale, aheim, and
Council Member Petros inated th ` "t this is somel
efforts, in conjunction with tlioar,Qf Supervisor
using more flashing crosswalks
t have a bicycle sharing program. Council Member
Beach are successfully using this type of program.
that can be looked at during the Bicycle Master Plan
ict 1 and District 2 Bicycle Collaborative.
Without object' ` em ` of the a cal, looking into the possibility of implementing a
bicycle sham ' program
`p addto the list.
Bernie S.,,' tad, Corona del M `" `- usineAggaprovement District (BID), distributed a handout that outlined
the BID'S p ""ties. He requeste City assitS ance with financing ($500,000) and the design of the Corona del
Mar entryway eject. Regardin he parking project, he reported that the project is almost done, except for
ordinance approv# He highli ted the remainder of the handout. City Attorney Harp indicated that
additional copies of f 11andout y ere available on the back counter.
George Schroeder noted tfiosourcing can actually impede services, but the overall concept of outsourcing
should be looked at with fre T,
. eyes since pension costs are ballooning. He believed that flashing crosswalks
should not be installed since they would cause more complaints.
Dennis Baker requested that sand replenishment be looked at to protect sea -level rise. He commended the
City for creating the app, MyNB, and encouraged the City to promote it. He indicated that, as the President
of the Orange Coast River Park, he looks forward to working with the City on Lower Castaways. He
expressed the opinion that the City is moving in the right direction relative to community engagement, but
requested that.people receive a message back after communicating with the City, so they know that their
request, suggestion, concern, etc. has been received.
Michael Toerge requested that Council look into enhanced safety and improving the walkway from Bayside
Drive to Balboa Island, the changing makeup of Corona del Mar since it seems to be housing more banks
Volume 61 - Page 422
City of Newport Beach
City Council Special Meeting Minutes
January 25, 2014
than community amenities, and allowing bike parking in lieu of projects creating more car parking spaces.
Jim Mosher believed that there is a problem with public engagement since attendance at meetings is low
and suggested that Council put warrant lists or check registers on the agenda.
Mayor Hill believed that, when citizens feel that the City is being run well, they do not attend meetings.
However, if there is an issue, they are in attendance.
6. WRAP UP /NEXT STEPS
Mayor Hill thanked everyone for attending the meeting.
Mayor Hill reported that he will be using his year as Mayor to
does well. He stated that, in January, senior services and rests
hotels will be celebrated. He asked that the public provide ME
that the City does right. "
ADJOURNMENT - 12:14 u.m
The agenda for the Special Meeting was posted on nua
website; on January 22, 2014, at 5:00 p.t3. on the City
the entrance of the City Council Chamli'�? 100 Civic
at 5:00 paxi. in the Meeting Agenda 14' cated in
Chambers at 100 Civic Center Drive. wl'xw.
City Clerk
Mayor
Volume 61 - Page 423
hing that Newport Beach
brated; and, in February,
there are a lot of things
ry 22, 2014, at 5:00 p.m. on the City's
Electronic Bulletin Board located in
ter Drive; and on January 22, 2014,
entrance of the City Council
Secretary
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
January 28, 2014 — 5:00 p.m.
I. ROLL CALL
Present: Council Member Gardner, Council Member Petros,
Council Member Curry, Council Member Henn, Coin
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
2. PROPOSED USES AT THE END OF THE
Building Manager /Chief Building
Real Property Administrator Weeding
pier uses, pier configuration, possible
from other cities, possi A" oastal Con
allow access to the #er L11 times
moving forward.'"
Tem Selich, Mayor Hill,
- None
PIER. [100 -20141
the matter.
,�,gwerPoiif resentation addressing possible
M.
ionsxamples of pier programming
eptan commendations and conditions to
options and Requests For Proposals (RFPs)
Council Member G°.,dner 'fated she was tor'a between doing something different or allowing a
restaurant to occupy}
regarding how restaurants are interested in the
In sponse to Counc' Membei urry's inquiry on interest, Real Property Administrator
Woo' reported that a Bluewater Grill is willing to submit a proposal and move in right
away. have a simir location in the City of Avalon that they have just completed and like
the concep being on t)ie pier and creating an attraction for visitors. Council Member Curry
stated he we' 'ke tofinake sure that whoever comes in is coming into it with their eyes wide
open and comforlaleith the economics of the transaction.
a:.
Real Property Administrator Weeding confirmed for Council Member Henn that the Bluewater
Grill understood it would involve refurbishment of the existing building. She additionally
reported that they did not provide specific feedback regarding possible configurations to the
building and that the matter would be vetted through the RFP process.
Mayor Hill assumed that the ideal position would be that any tenant improvements would be
their responsibility with Council's approval.
Real Property Administrator Weeding noted that discussions at a previous Council meeting
pertained to the City contributing to the improvements, particularly in light of the extent of the
improvements necessary. She added that maybe the only way to increase tenant interest. The
Volume 61 - Page 424
City of Newport Beach
City Council Study Session
January 28, 2014
scope and scale would need to be identified.
Mayor Hill asked what activity could be done without requiring Coastal Commission approval.
Community Development Director Brandt reported that as long as the existing restaurant is
being maintained with tenant improvements just to the existing restaurant and without
expansion in the footprint, staff feels that a Coastal Development Permit would not be needed
and the process would be quicker. She addressed the purpose of the RFP process in identifying
the scope and scale of the City's contribution to improvements. It wWId be a renovation to the
existing building without increasing the existing footprint and addessed the potential costs of
needed improvements. She added that the market would neo be tested if Council were
interested in pursuing it. '49`
Council Member Petros stated he would be interested
the last presentation, discussion pertained to possibly
the foundation, water damage and dry rot. ?"
Building Manager /Chief Building Official
attention and that staff did cost estimates
tenant improvements.
In response to Council Member H% n's question,
Jurjis reported that it will take a`xscant amc
tenant would like to do to the buildinklidifio&cam
Council Member Gardner commented othe
can work with the tenk�nd incorporat sox
Mayor Pro Tem S 'ch stated that he is f
commented on tli�succes He reported tl
in their first RFP aim; it mile it difficult for i
they have quite a few ,: "" "'.;;considers
RFP pr . ' �jew t1�esponses.�
Nlor Hill expressed);
p ncil reviewing the
�M1:
Mayo �fto Tem Selich
how the fered.
Carter Harri }i, Bh
an iconic dest' o
underutilized.
al. He noted that at
including damage to
rted that the built needs a lot of
the necessary improvnts as well as
s
diling Manager /Chief Building Official
work and will depend on what the
ea sh it.
id wondered whether the City
discussed.
ar with the Bluewater Grills Avalon facility and
the Crity of Seal Beach had unrealistic conditions
ataurants to make a reasonable proposal but now
en. He stated he would be in favor of testing the
and Council Member Henn commented on the possibility of
it is released.
staff review the first and second Seal Beach RFPs to see
f eater Grill, stated that management would like to make the restaurant
and increase foot traffic on the pier, noting that it is presently
3. CITY URBAN RUNOFF WATER QUALITY PROGRAM OVERVIEW. (100 -20141
Public Works Director Webb introduced the item noting this was initiated at the request of
Council Members Gardner and Daigle who were interested in a holistic view of the City's Urban
Water Program. He introduced colleagues who have worked on this program and provided a
PowerPoint presentation addressing details of the Newport Beach Urban Runoff Water Quality
Program including the program's various components, projects and efforts. He addressed the
National Pollutant Discharge Elimination System (NPDES) permit history and requirements,
NPDES Construction and Municipal inspections, Commercial/Industrial facility inspections,
Volume 61 - Page 425
City of Newport Beach
City Council Study Session
January 28, 2014
Commercial/Industrial and Restaurant facility inspections, Program and Policy Oversight, the
Newport Bay Watershed Executive Committee, the Newport Bay Watershed, Sediment Total
Maximum Daily Loads (TMDL), Sediment TMDL Numeric Targets Compliance (currently in
compliance and out of compliance), Sediment Loading to Newport Bay, Nutrient TMDL,
examples of existing Natural Treatment Systems, Reduction in Nitrogen Loads, Reduced Algal
Growth in Upper Newport Bay and Organochlorine Compounds TMDL.
Public Works Director Webb continued with the presentation with information regarding Fecal
Indicator Bacteria (FIB) TMDL, locations of permanent FIB TMDL}postings, current status of
FIB TMDL, decrease in Bacteria Concentrations at Little Corona Ilia' ch and other constituents
Y
of concern including selenium, copper and trash. He addreasedlenium Hot Spots, Selenium
in Big Canyon, Big Canyon Watershed, details of the Big Ca Selenium Plan.
At the request of Mayor Hill, Public Works Director
and wildlife wetlands. A
In response to Council Member Daigle's inqun
Webb reported that if the water slows dow , ,il; c
that even moving water has levels of sel[Anx
Daigle's solution of keeping the water moving
commented on the requirements and needs for
speeding up the water would have soVffect on h-�
Council Member Daigle
property. -
the location of the fish
;agling selenium, 'T*lic Works Director
r to a problematic f ':. of selenium and
addition, he felt that until Member
goes into the Bay is a good solution and
various regulatory agencies, adding that
in the habitat on their
Public Works Director.,, ebb addressed Copor TMD rd related issues and concerns;
Continuous Deflectiv�i s- ration Units'` o . `ep trash out of the Bay, Lower Harbor Trash
Skimmers, the S Ana f Delhi Chan Trash Diversion and Low Flow Diversion Project,
Buck Gully Re ration Ioject, Reef Po t Infiltration Gallery, Annual Drainage System
Cleaning, Sanitary werVIaintenance Pro am, Street Sweeping and Household Hazardous
Waste Collection. A e iddresse the City's Irrigation Runoff Reduction Program,
its acc ' " is art, the yea ": ''savings since implementation. He presented
info on rega Pot Education nd Community Outreach, Water Quality Capital
Pram Costs and ual Wfty Quality Related Program Costs.
Member Daig]j6referenCo travelling tide pools and asked regarding the status of
Assistant %Engines' Stein reported that the City negotiated special protections with the
State Water lity Brd in 2012 and that presently; the City is in a monitoring mode to see if
there are consti wacausing a problem to MPAs. The City will be monitoring in the next few
a.
years to see if sous can be identified. As problems are identified, the City will attempt to
solve them with emphasis on the Water Runoff Reduction Program and Infiltration.
Recreation and Senior Services Director Detweiler addressed the traveling tide pool vehicle and
reported that staff is working on retrofitting it and that the program should be running by the
summer. She also reported that the City's Marine Protection Education staff is heavily
involved in the matter as well as working at the County and State levels.
Director of Public Works Webb presented the Runoff Water Quality Report Card and addressed
the status and goals for each of the categories and programs.
Volume 61 - Page 426
City of Newport Beach
City Council Study Session
January 28, 2014
Council Member Daigle reported doing research on the Upper Bay and recognized Council
Member Gardner for her efforts as well as Dr. Skinner and City Manager ME She reported
that the first TMDL in California was the Upper Bay and hoped that at some point it will be
delisted.
Public Works Director Webb stated that staff is looking to get it delisted and noted work that is
still needed in this regard.
In response to Council Member Petros, Public Works Director Webb distinguished between
various types of fecal material noting that one is not a disease -pro - acterium.
Public Works Director Webb continued with the presentat*' addressing applicable reports
noting that the Newport Bay water quality is very good. "°
Jim Mosher commented positively on the preseir
regarding penalties of exceeding bacteria and not
Public Works Director Webb stated he d
Regional Board showing that the City is
is addressed on a case -by -case basis.
Council Member Gardner stated the City has
money over the years to this issue.
Mayor Hill suggested reducing the pr
water bill so that the public knows the
Council Member Dot
developed a help * T(
website.
Council Member Hefi
notin g itb
ra r especially, si
a°mplished with a"
PWorks Director
and std trash so that i
III. PUBLIC COMMENTS. I]
on water
the
all of the
d the redf }on of TMDLs. He asked
the standar
that the City w closely with the
Y to address the sit I.tion. The issue
to be proud of and has devoted a lot of
speech" and to place it in the
er Conservation Coordinator Shane Burckle
as well as energy that is presently on the City's
aeness and facts related specifically to the City
id stated he believes the City would have high
it has to look after and noting this has been
rep'ded that the City encourages inland cities to be successful
not travel down to Newport Beach.
Barbara Peters comme M1 on fire rings and a bill currently being considered in Sacramento. She
urged Council to be proactive regarding what happens in the Senate and stated that it is important
that the City relate its commitment to clean - burning fuels and public health. She commented on
natural fire wood noting that it is similar to "clean coal" and it emits wood smoke which creates PM2.5
known to be cancer - causing. She felt there has been a failure of enforcement so far and commented on
a recent forest fire over Big Corona. She urged Council to go to Sacramento when the hearings occur
and comply with Rule 444.
Charles Farrell urged that Council not allow wood burning until a safe solution can be found. He
presented testimony regarding the harmful effects of wood - burning smoke including Class 1
carcinogens. He urged Council to stop the wood - burning in fire pits.
Volume 61 - Page 427
City of Newport Beach
City Council Study Session
January 28, 2014
IV.
Jim Mosher commented on Study and Closed Sessions in general and the way they are implemented
and offered a suggestion. Additionally, he commented on no actions being taken during Study
Sessions and stated that is not the case since staff is asking for Council direction and therefore,
Council is making a decision.
Cody Call inquired on the status of the salt marsh lands.
Public Works Director Webb noted that the City has more than it needs an# that the information will
be rectified. 101 .
City Attorney Aaron Harp reported that Council will adjourn to Cld Session and read the items to
be discussed as listed in the Closed Session agenda. �r L
T.
w
ti
21
C
Volume 61 - Page 428
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 28, 2014 — 7:00 p.m.
I. STUDY SESSION - 5:00 p.m.
II. CLOSED SESSION - 6:16 p.m.
A. PUBLIC EMPLOYEE PERFORMANCE EV.
(Government Code § 54957).
Title: Leilam Brown, City Clerk
B. CONFERENCE WITH LABOR
(Government Code § 64957.6)
Agency Designated ]
Manager; Negotiators.
Employee Organiz
Lifeguards (ANBOL);
Employees League (N
Management Ass i
(NBLMA); Newpor"
Association (NBPMA
III.
IV
V. ROLL CALL
Present: Council
Council
VI. CLOSED SESSION REPORT
City M&i der and Terri Cassidy, Deputy City
All Labor `Wssociag* ns: `X ation of Newport Beach Ocean
L Beach CA, 4*
ployees Association (NBCEA); Newport Beach
wport Beach ' fighters Association (NBFA); Newport Beach Fire
BFMA); Ne art Beach Lifeguard Management Association
dice Associate ° l (NBPA); Newport Beach Police Management
each Prosional and Technical 'Employee Association
loge" _ .f Newport Beach (PTEANB).
aer, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill,
Council Member Henn, Council Member Daigle
City Attorney Harp reported that no reportable actions were taken.
VII. PLEDGE OF ALLEGIANCE -Mayor Pro Tern Sehch
VIII. INVOCATION -Frank Carpenter
IX. PRESENTATION
Volume 61 - Page 429
City of Newport Beach
City Council Regular Meeting
January 28, 2014
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 i oduced coaches and team
members in attendance at this time.
Costa Mesa Council Member Gary Monahan commented
presented them with a plaque in their honor.
X. NOTICE TO THE PUBLIC
Q
Council Member Daigle referenced a public comment
asked why there were no City representati that test
City Manager Mff stated that direction pr
legislation and that Council did not provide
Council Member Curry i
congratulated Mayor Hill
Council Member Petro ,`4
various restaurants. He ai
the Library regarding the
matter is a Scl a
M1:.
has raised.`tme concer "�
Mayor HIN'Apported par
encouraged # : ents to i
Council's receal -sett
and establish pri es
underway. A reca y
p o
reported that the Cit
Beach as a Purple Heart
battle. He asked to agent
team's accomplishments and
to Closed Session earlier where a citizen
U." 1102 (Beach Burning).
by Coud ,�did not have anything to do with
ke a posltl( Tt ( n the matter.
of Restaurant Week and
articipating iii Restaurant Week and commented positively on
i meeting on Fuary 5, 2014 at 6:00 p.m. in the Friends Room of
High k400l sports complex matter. He added that the
to complex at Corona del Mar High School which
pfghborhood. "11e encouraged concerned residents to attend the
agi3j,ng in Re'
aurant Week and commented positively on the event. He
lnF�e supporting the City's restaurants. He presented a brief summary of
meeting where Council was able to work through the City's Capital Plan
tat and acknowledged that there is a tremendous amount of effort
Onion will be presented at an upcoming Council meeting. Additionally, he
asked by the County Board of Supervisors to consider naming Newport
out of respect for American soldiers who have been wounded or killed in
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 discussed information
Volume 61 - Page 430
City of Newport Beach
City Council Regular Meeting
January 28, 2014
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 Meneses, 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 wirelesss.-" ustry were given a City -
defined small-cell exception or administrative review, the City would s# er wireless providers to deploy
less visible, obtrusive equipment. She addressed Crown Casty request to include small -cell
exemptions if the City defined physical dimensions that would cd t16, a small cell, which City staff
refused and reported that other jurisdictions have been abl€b definall-cells and accepted the
County's definition of same.
XIII. CONSENT CALENDAR
A.
1. MINUTES FOR THE JAN .VARY 14, 2014 - T SESSION AND REGULAR
MEETING. [100 -2014] Wai �``"' ceding of subje '; minutes, approve as amended, and
order filed.
2. READING OF ORDINANCES;., Waivetciea
..in dull of all ordinances under
consideration, an ,pct City Clerko re by title on
,..
B. ORDINANCE FOAADOP ^LION
3. WIRELESS ICATI S FACILITIES ORDINANCE - CODE
CA20 012 -057). [100 -2014] Conduct second reading
M adopt O ancP6 2014 -1, An rdinance of the City Council of the City of Newport
e" Beach Repeali Cha" 15.70 of the Municipal Code and Adopting Zoning Code
Amendment No. 2012- Related to the Regulation of Wireless Telecommunications
,�F'acilities (PA201157), 1) x ding that the amendment is exempt from the California
yironmental Q>lity Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA
C1ii�' nea and 2� approving Code Amendment No. CA2012 -004. Council Member
D¢ipecused 'ersedf from this item due to the potenti¢l conflict of interest
arisang.,pm wo,�zing in the wireless industry. _
C.
4. RESOLUTION NO. 2014 -3: ADOPTING A MEMORANDUM OF
UNDERSTANDING WITH THE PART TIME EMPLOYEES ASSOCIATION OF
NEWPORT BEACH (PTEANB) (C- 3362). [381100 -2014] 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
Volume 61 - Page 431
City. of Newport Beach
City Council Regular Meeting
January 28, 2014
E.
5. AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT (OCSD)
PERMITTING A DRY WEATHER URBAN RUNOFF DIVERSION TO THE
SANITARY SEWER SYSTEM (C- 5715). [381100 -20141 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 PROESSIONAL SERVICES
AGREEMENT WITH ONWARD ENGINEERING (_CAP14 -0010). [381100 -20141
Approve a Professional Services Agreement with O "ard Engineering of Anaheim,
California, for the Ocean Boulevard and Mar Avenue Concrete Pavement
Reconstruction project at a not price o 76,3, 0, and authorize the Mayor
and City Clerk to execute the Agreement. r
7. APPROVE AGREEMENT FOR G MAINTEN AND REPAIR
SERVICES WITH JOHN M. RABU1,$;A.C- 571 [381100 -20141 Ap e the Agreement
with John M. Rabun for as- needed ge 1 Wintenance and repair se es for a three -
year term, and authorize the Mayor and r(Clerk to execute the agreement.
8. NEWPORT CENTER LIG
(C- 2489). [381100 -20141 a) A Y
(TIC) representing the City's sh ` ,
with the Letter Agreement dated
Beach; b) approve the Newport`
approve Budget ; `; dment No.
Enterprise Fy �balan ce reserves
9.
file.
& LANDS %E E MAINTENANCE AGREEMENT
the payme f $88,458.86 to The Irvine Company
,.or Newpo' ,,-,,Center utility costs in accordance
ruary� 5, betk?jn TIC.and the City of Newport
anter ht � d �tandscape Agreement; and c)
4BEJ129 approp ting $88,458.86 from the Water
amount No. 5500 -8250.
JANUARY 23, 2014. [100 -2014] Receive
FINAL DESIG9-J0F MOI dTIE TELECOMMUNICATIONS PERMIT FOR FAUX
UCALYPTUSREE M�6NOPOLE LOCATED AT 2401 IRVINE AVENUE
(1[42010 -073). 1100 -20141 Approve the final design of the Telecom facility. Council
Meters Gardndr and Petros voted No on this item. Council Member Daigle
recuse ,therself rom this item due to the potential conflict of interest arising
from woP`� i xthe wireless industry.
11. WAIVER OF THE ATTORNEY /CLIENT 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 Tern 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.
Volume 61 - Page 432
City of Newport Beach
City Council Regular Meeting
January 28, 2014
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 .&£ 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 -bigot scale; that policy solutions are
needed on a national, regional and global scale as well as new lea#lers e reported that the Climate
Lobby is a grassroots organization made up of volunteers ,vh'S take a xiYpartisan approach to the
subject and addressed the goals of the lobby.;" 0.
Dr. Hesham El- Askary, Chapman University Profet'r, comiented on sea -level ,jse and noted his
alarm about the domino effects of climate change a prole t3ons; as climate change V4q be irreversible
and unstoppable. He added that extreme events aidppening (both hot and cottlj but when the
weather is averaged over space and time, globally, the gl 1 warming trend emerges from the data and
that global - warming is a fact.,,,_
Dr. Jere H. Lipps, retired Professor of Geol6 &66
studying the effects of sea -level rise in Newppr
about climate change for over forty (40) years.` °]
change in Orange County as well the City of
imminent as the drought co and outline
by the year 2100 of about Nur -an -a -half (4 '/2)
Peninsula and the beaches. In addtion, road d,
sea level, to cause damage in rel., ion of 540
billion. He stressed the nefb t0.;13 now so
warming through
ces from M Berkeley, reported that he has been
card has 6eea doing research on and teaching
ress�2Ae coiQrn about the impacts of climate
rt•9, [c j6preported that water - shortages are
onsequences- eluding sea level rise predictions
(5) feet which will decimate Balboa Island, the
and relocation has been estimated by the rise in
of roadways in Orange County at a cost of $17
e can reduce carbon emissions and stop global
Mark Tahbe'rt, Citizens CliitFte Loi.y, thanked Council and his colleagues for speaking tonight. He
noted t{e need to raise awaness rerding climate change in the community. He reported that
Council ek}d address this iss "'' , througf;ublic forums; at firehouses, schools and town hall meetings
e..
and offered %help in such endEAvors. He^kated that Citizens Climate Lobby speaks on a regular basis
at local univers', ies and that students don't question the science but want to talk about solutions. One
of the solutions t group recot mends is implementation of a carbon tax (fee) which uses the market
;^
force to raise the prteof fossil, uels gradually, over time, and return that money to the public on a per
capita basis. He referexeed a tatement by the Brooklyn Institution that 98% of economists who study
climate change say tha solution is a revenue - neutral carbon tax. He noted that the City of
Newport Beach has great i6fluence and could be a leader in this regard.
Council Member Petros reported on the Leadership and Energy Environmental Design 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.
Volume 61 - Page 433
City of Newport Beach
City Council Regular Meeting
January 2S, 2014
XVI.
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 affects 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% 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 Clixte Lobby noting that they
have a policy proposal that has a similar consensus about the economy ,'scientists do about climate
change which can revitalize the economy, addressed the root cause of crate change, presented details
of the proposal *and that the time to act is now. h.
Mayor Pro Tem Selich' reported that the General Pfta/Local Coastal Pram Implementation
Committee will meet on January 29, 2014 at 3:30 p.m. d1the C tal Cove Room. "Qk ,
Mayor Hill reported that the Aviation Committee in n,nuary 27, 2014 and reguly meets on the
last Monday of each month at 5:00 p.m. in the Comm Room. He encouraged those interested in
the City's relationship with the John Wayne Airport d the settlement agreement to attend.
Additionally, he announced that the Newpeach Civic C41r and Park has been LEED - certified at
V. AnP
the gold level by the U.S. Green Building Co .py;_,
XVII. PUBLIC HEARINGS
12. RESOLUTION NO.--d-2 k114I6 - MODUrY M THE I WPORT BEACH TOURISM
BUSINESS IMP MTT DISTRIVS MANAGEMENT DISTRICT PLAN. [100-
20141 a
Public Information M a r, ' :gan prov d a PowerPoint presentation addressing four
proposal ;' il'a cY ideratioli7 ,;rorerted that the first three (3) proposals related to
the N ort B l `- risff- usiness Improvement District (NBTBID) which includes modifying
theAcirrent Managem' t Disttt Plan to shorten the term so that it will expire January 31, 2014
at renewal proces an be' '..,(Item No. 12). If approved, the next item (Item No. 13) is
-, .. .,
aslti Council to renew ' e NBT , for a term of ten (10) years with an assessment of 3 %. If
appro a later item on he agenda (Item No. 21) involves amending the NBTBID Management
Agreeme :,that the Cityhas with Visit Newport Beach to'manage the NBTBID. The fourth
proposal, w'x° is not J$ated to the NBTBID, is the existing agreement with Visit Newport
Beach for tour promion, branding and marketing. Item No. 12 is the third and final step in
the NBTBID's Mnagment District Plan modification process to shorten the term so that it
expires January 3104 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
considering a modification to a contract, a red -line version is presented, which is not included in
Volume 61- Page 434
City of Newport Beach
City Council Regular Meeting
January 28, 2014
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-
lining 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 ofi.Newport Beach Modifying
the Newport Beach Tourism Business Improvement District Manage District Plan, to shorten
the term.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petr�s, Mayor Tem $elich, Mayor Hill,
Council Member Curry, Council Member Hen ouncil MembeA)aigle
A.
13. RESOLUTION NO. 2014 -7 - RENEWING TIJEeRE RT BEACH T013f. ISM BUSINESS
IMPROVEMENT DISTRICT. [100 -2014] :, y
Public Information Manager Tara Finnigan repo r this is the second step in the process where
Council is being asked to renew the )VBTBID chanzx the term to ten (10) years, setting the
assessment rate at 3% and would ad��.dsland Hotel t '. e NBTBID.
Mayor Hill opened the public hearii
Jim Mosher stated he e ects that C
pleased to see that in.te sed Dist
-the next ten (10) yeu, the �Y. eeting of
subject to the Broh Act
stressed that this & a s
exclusive benefit of m``p,
creation gf�: y.,;', ""N
Bea
from t`T5oader
ex sed in prio
money fro
,Q 000 to the City.
moneft the benefit of
the City.`11.,.._
Council MemGt
not disappeared.
they are
ouf� it w4l vote "Yi ;,fn the matter and indicated he is
rict f "gement Plan -(Page 10), it clearly states that for
Vis ewport Beach (VNB) will be open to the public and
deaNg with any matter having to do with the TBID. He
operation Al in the general tourism function of VNB for the
�.pnd felt it .unwise to mix this with VNB. He addressed the
� ted g that the could mana a the TBID se aral Y
i promoti -oifof
the existing VNB. He commented on skepticism
.rding the City being involved in the for - profit operation and
anization for City hotels and commented on their prior offer
`'atthe organization is restricted by State law from spending
hotels within the District and not for the benefit of the rest of
noted that Item 20 discusses the amount of $150,000 and that it has
Hearing no furthe3i 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 Tern Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
Volume 61 - Page 435
City of Newport Beach
City Council Regular Meeting
January 28, 2014
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.
item to the February 25, 2014 City Council meeting.
Mayor Hill opened the public hearing. Hearing no
hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member
Council Member Curry, Council Member ][I"'
to continue the
he closed the public
Mayor Pro`Vjem Selich, Mayor Hill,
:il Member Da
lb. APPEAL OF THE PLANNING COMMISEN'SPPROVAL OF DAVI T MERGER
AND SETBACK DETERMINATION AND R V F REQUEST FROM CO CIL POLICY
L -2 (DRIVEWAY APPROACHES) LOCATE T 106 6TH STREET AND 524 WEST
OCEANFRONT (PA2018 -176). [],V,- ,2014]
Community Development Director B nN`"" r this the second appeal of a Planning
Commission decision made in Novemker .201 rding a't, merger. She stated that the
Planning Commission approved the lot Mi%rger but appllant is appealing a Condition of %
Approval and the determm ation regardiMi an aernative`5tiaack from the adjoining street and
trf.
deferred to staff for a x
Associate Planneii�` ueno provided an overy w of the appeal application addressing location of
the subject properteifibackound and Planri g Commission review and recommendations.
In reply 1 "Was embor GardineM -'ii3 ; Associate Planner Nuene identified the specific
area tig consMdeip She` ted the reasons for the applicant's appeal and addressed setback
�.
determination and co*ariso*,1��n�.�d` proposed curb cut reporting that no construction project is
Na'osed at this ft�e but t.the applicant has stated his intent to demolish the building
Street proper "and con9 uct two (2) two -car garages; one that would take access from
and the other Mist would take access from 6th Street. Additionally, she addressed
cy L•2, photo of the area and recommendations.
Mayor Hill oT ed the - public hearing.
Morgan Davis, projy 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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City of Newport Beach
City Council Regular Meeting
January 28, 2014
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
Motion by Council Member Henn, seconded by Council Wmber Curry to a) find that the
action is not subject to the California Environmental Qualify (CEQA) pursuant to Section
15305 of the CEQA Guidelines; and b) adopt ResolutiNo. 20 5, A Resolution of the City
Council of the City of Newport Beach Approving Appeal an roving Lot Merger No.
LM2013 -003 and Staff Approval No. SA2013- 011b�r 'Appeal
Lot Merger ' Alternative Setback
Determination and Providing Relief from Couh Pol L -2 for Prope ocated at 106 6th
Street and 524 West Ocean Front (PA2013- 17(0'
Community Development Director Brandt noted' -1 . on handwritten Page 28 of"�'he staff report,
there is a Resolution to reverse the Planning mission's approval and that there is an
additional finding that would needy be added tot ecord regarding the waiver of Council
Policy L -2; that the movement of th cut retains existing number of on- street parking
spaces and improves alley maneuvers
litft,�.,k,�.
In response to Mr. Davis's inquiry regarding th%'". , s, Council Member Henn stated he
would side with the owne L,A d would inelftde rel f from t ' %aback requirement.
In reply to Mayor ) Tem lich's questio egarding the setback relief, Council Member Henn
explained there PuId be seven (7) fo difference from what the Planning Commission
recommended.• _>
{
Council tros ed that pport of the appeal and stated he recommends
adding o the fin the e notion of eking up into an alley is to prevent high volume
nm,i ments, creating ety h " ds and stated that 6th Street is rather short with low volume,
]c speeds which mak ft easy o ,im to make this finding as well.
stated he walk-'?d along the site and agrees with previous comments.
George Schuler commuted on the loss of public parking, stated that he walks the area a lot
and that Counis doinjothe right thing regarding this matter.
Insuk Michaelson,`jacent 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 hearing.
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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City of Newport Beach
City Council Regular Meeting
January 28, 2014
16. APPOINTMENT OF NEW PARKS, BEACHES AND RECREATION COMMISSIONER TO
FILL AN UNSCHEDULED VACANCY. 1100 - 20141
City Clerk Brown reported that the Citu 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
;,r bringing before Council
more than the required two candidates. He added that unless Concil is willing to waive Policy
A -2, there seems to be a procedural problem in that the Com ttee is supposed to present its
recommendations for appointments at least two (2) weeks b "" the appointment is to be made
and expressed concerns with the Committee being appoi d w but the public concurrence of
the remainder of Council. He addressed the City Char noting tt it takes precedence over
laws and policies and felt that the appointments by „ ``until should Q` collectively, and not
as individuals and added that Policy A -2 is inconsient with the Charter �:
City Attorney Harp stated that Council has (`_ pressed ?its interpretation of ty- harter through
Council Policies and that inmost instances Mr." . r has his own interpretati�.
City Clerk Brown announced the following vote:
Laird Hayes - Gardner, Petros,
City Clerk Brown announced that L
Recreation Commission to fill the une
June 30, 2015. She alsQ;:; d that she
tyl� oa
on the Water Qualist Tidelands
17. INITIATION OFD V AMI§NDMENT TO
POLICY LU 6.5.6 (I201Q,9). (100 -20]
Henn, "'Do Mayor Hill
s appo2l 'lted to the Parks, Beaches &
@e INAI Zj�:k
„. fingley's term which expires on
him so "LTIdt he may resign from his position
GENERAL PLAN LAND USE ELEMENT
Comm, , y "TSev' ' ' enf`Urector Brarid - imported the City staff is requesting that Council
initp,'e an amendme" to theeneral Plan as it relates to. Land Use Element Policy LU 6.5.6
c� Eh provides for the**-.' ordiri ;n with State and Federal agencies in the planning of future
49” son Banning Ranch", The re%est is in response to a recent Minute Order of the Orange
CouriSuperior Court ihich it included, among other things, that Strategy 6.5.6 requires the
City to "work with the Ca fornia Coastal Commission to identify areas that will be preserved or
restored aii9,developed or to the City's approval of the Banning Ranch Project. She reported
that staff hasncerns with this interpretation and believes it has implications that conflict with
the California tgtal ct. She noted that staff is concerned that Council may be unable to
authorize develop" ,q absent coordination with the Commission which the City may be unable
to do without appiate 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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City of Newport Beach
City Council Regular Meeting
January 28, 2014
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 Welsch, 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 Ora 'e County. He addressed
existing vernal pools that have been shown to have Fairy Shrim 9A them and stressed this is
exactly why LU 6.5.6 is necessary. He urged Council to not ruo' mto the amendment and read
the Coastal Act which describes the process in which th ty can work with the Coastal
Commission prior to approval of a project. aa`: � m„
Steve Ray, Executive Director of Banning Ranch CoVO
cities have worked with the Coastal Commission prav i
court case involving the Banning Ranch Conse�,fancy e
the argument regarding the Coastal Act was esente#
Law and was familiar with case Is relatet ' c
merit and ordered the City to approve the project f
Plan. He addressed consideration and approval of
by the voters. He stated that by chi ng the law, Gi
so. He added that Council's misinte' . on of the
City's Certified Land Use Plan and `preju .. the e
approved which would then result in a =$iolation r
would trigger CEQA review and an EIR nd that$ C
need to go before the vgte lg.., , 11
_�
ervancy, commuted on projects in which
o approving thenitIe referenced a recent
r4the City of New Beach noting that
Rio the court and it re ,;,.the Black Letter
I found that the City'sument held no
illy, in accordance with the City's General
General Plan noting that it was approved
%cil would be violating other laws to do
6tal Act will lead it to endanger the
bility.YV ever get a Local Coastal Plan
ACoastii��ct. Additionally, the language
waits to change it, the matter will
In response to Coril Member Gardner's quny regarding the projects shown indicating that
the agency workA&y ith t Coastal Com Sion, Mr. Ray corrected the statement that the
Crystal Cove /Coast p`o Xct ; one by the CAnty and that the County worked with the Coastal
m
Commission .,gtlle ma Al
In r onse to Coun MemDaigle's inquiry regarding the Fairy Shrimp, Mr. Ray reported
t, , it is a federally dangei?iapeciea and grows only in vernal pools and provides a food
e for oth ro te specie' f the City were to work with the Coastal Commission to
iden those he itate t " t need t6 e protected, it would also be able to identify what areas, on
site, ar yailable for devopment.
Mike Mohler;�wport Bjlnning Ranch, stated having major differences between the prior two (2)
speakers and noted tlW -gimportance for Council to consider its intent with the City's General
Plan. He stated t�a�ie Coastal Commission will not make a determination on ESHA or other
things until they t - ve 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 Beach
desire or mean and that Council has the responsibility to clarify the General Plan. He indicated
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City of Newport Beach
City Council Regular Meeting
January 28, 2014
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. Ai
Mayor Pro Tem Selich stated that one thing that needs to be tainted out and on record is that
when the General Plan was developed, there were two Citigo Committees one of which was
chaired by Council Member Gardner and the other by - nyone can clarify what was
meant, it is them.
Motion by Council Member Petros secondedAgv Council Me 8 " &.. Henn to a) find this
action is not subject to the California Environm t'al Qt ity Act ( "CEQA " rsuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA G lines-.--California Code of R,' ations, Title 14,
Chapter 3; and b) initiate an amendment to t' . sxlal Plan to modify the lan' �"ge of Land Use
Element Policy LU 6.5.6. ' r
The motion carried by the following 1,% 1 call vote:
Ayes: Council Member Gardner, Con
Council Member Curry, Council
18. PROPOSED CIVIC C TER &
WITH PARK WEST ((). 1381.
City Manager Kiff mtroduc< d the matter
Council and nresent& recommendations.
and encoYaeed ridents to visit
Petros;'„ yor Pro Tem Selich, Mayor Hill,
Imo. Counci ° her Daigle
MAINTENANCE CONTRACT
noted the reason for bringing the matter before
side of the park noting that it is like an
Council Xdmber C" seconded b Council Member Gardner to a) approve
maintenanc "contract `r.`th Park Weat for the continued maintenance of the Civic
Park in the ount of $155,652 for the first year, with an allowance of $31,130 for
al work as dcted by City staff; and b) approve Budget Amendment No. 14BA -28
X76,746 frgin the General Fund balance reserves to Municipal Operations Account
No. 31
The motion carriedThe 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
19. DIRECTION TO STAFF ON VARIOUS ISSUES. [100 -20111
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 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
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City of Newport Beach
City Council Regular Meeting
January 28, 2014
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.
Council 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 pertmenond timely. Regarding San
Jose Mayor Chuck Reed's initiative, it would enable cities to rigAiiiate with their bargaining
units and go- forward regarding changes to current pension tier He noted that Newport Beach
has been recognized as a leader for negotiating the second ors d tier pension program but that
there are no tools available to move forward on the matter Ie rsd the benefits of the initiative
and asked that staff bring back to Council a Resolution isupport ohe initiative.
Council Member Gardner clarified that the
discussion.
Council Member Daigle stated that it has r.
possibilities of many related measures. She
measures qualify before taking a position.
Council Member Curry stated the
signature - gathering phase so that
be brougs,back to Council for
alified for the ballot arii4khere are other
that Council may want to wait until the
of its
of the initiative while it is in the
City Clerk Brown announced that the straw _&6' "- 1;`with Council Member Daigle
not supporting the items
Regarding the se 'l d Item - Council Meml Curry referenced an email from an organization
called "Evolve" b "ill in Sai Francisco druing up support among local governments for the
"Split- Roll "; to revis rop, n 13 so that/ ommercial properties have their assessed value
revised in
n en t er `nic�enti��roperties. He commented on the advantages of
Proposfl Y3 stet with the pi'W sed "Split -Roll" taxes would increase substantially,
especially for Newp BeacftIt would have the effect of increasing vacancy rates throughout
th'state, increase cosiand u' loyment. He asked for consideration to direct staff to develop
CounCT- Vember Gardner,"'- :stated that it affects commercial buildings, not residential. She stated
that shet mind Dinging the matter back to Council, but that she would like to see the
other side o argumelYt.
z :.. y'
Council Member stated that she was once very involved in opposition to "Split Roll" and
requested it be plat' 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 2/3 majority of Democrat legislation 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
Item. He explained his rationale for supporting /opposing them.
Volume 61- Page 441
City of Newport Beach
City Council Regular Meeting
January 28, 2014
City Clerk Brown announced that the straw vote was 5 -1 -1, with Council Member
Gardner not supporting the item and Council Member Daigle abent from the vote.
Regarding the third Item, Mayor Pro Tem 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 7 -0.
20. AMENDMENT TO AGREEMENT WITH VISIT
TOURISM PROMOTION, BRANDING AND MARK
20141
City Manager Kiff reported that this relates to a
Manager Finnigan (Items 12 and 13), and noted
rather the City's agreement with Visit New
$150,000 proposed annual public benefit or lee it
Council Member Henn commented on different
believed that the funds should be used for arts
time to think about the matter anhP gestei
specific determination on the use ofns Ad
retaining the use to support arts progrus o
industry, according to Council's determination.
NEWPPR;T BEACH (VNB) FOR
,TII, SERVICES (C- 4961). (38/100 -
Ie
ous presentai�n by Public Information
ijs item does n ddress the TBID but
l4" Council will c7 }der assigning the
ambiguous.
how the money should be used. He
g but would be willing to allow more
back to Council in June for a more
,suggested broadening the language,
is that may benefit the hospitality
Mayor Pro Tern Selich{ed that his icy a cerning afiaiable hotel rooms is a good one but
agreed with Council mbe Henn noting `the matter needs additional vetting and deferring
g l� g ,.;� g g
it would allow for ploring sore ideas in oer to come to a conclusion.
Council Member Da1 otl. funding botluggestions and splitting the funds.
Coun '
cil;demerdner =` mented o' ° "e idea of an affordable hotel and that such is not
rer red in areas oude t Coastal Zone. She stated support for making it as flexible as
p ible but felt there addi issues to explore.
In r9 %Qnse to Council Amber Dan`gle's inquiry regarding the relationship between the various
entities;,_ ity Manager MW suggested that Mr. Sherwin could better describe that relationship.
W
Gary Sherwi isit N% port Beach (VNB), reported that it does not change what is currently
being disci: se y thing that has changed under their organizational structure is that
since initial discu "s , 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.
Mr. Sherwin reported there is an annual compliance provision in their audit to spend the funds
consistent with their mission.
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City of Newport Beach
City Council Regular Meeting
January 28, 2014
City Manager Kiff added that VNB has asked that the $150,000 be made payable in two (2) equal
payments throughout the year instead of one (1).
In response to Council Member Gardner, City Manager Mff clarified that they are not payments,
but withholdings, therefore, would be withheld in two (2) equal payments.
Jim Mosher commented on the various organizations involved in this matter and reported
speaking with the Chief Financial Officer of both organizations which"
ave the same Boards and
same office areas and she assured him that they are separate sAT distinct organizations. He
noted that this has nothing to do with the NBTBID and that the e V oney is not coming from them
or rather from the general TOT intended for promotion sAthe City as a destination. He
addressed the history of the matter and spoke in oppositioryytl$troposal.
Council Member Gardner commented on the
deal.
this is not as good a
City Attorney Harp reported there are differ_;` "restrig01ons on different uses oney and noted
it varies in that there are no restrictions as to of the $150,000. 'z
Council Member Gardner added that the TBID is s- assessed, which is a "fresh pot" of money
while this is not and that this is a di nt deal than wt was originally generated.
Mayor Hill stated this is a strange diussi " that if was a business advisor, he would
advise VNB to take back the offer. Headded th }a was red to meet Council's needs in
furthering the City's arts programs. He sj,,ggested4, i'at 1 , 11 take it or leave it.
Council Member Dagdi askd whether th re restrictions regarding Board Members of VNB
receiving income rh any contract or agre ` dent.
City Attorney Ha tated e would need tokeview the matter, however, Mr. Sherwin reported
that their Bylaws sp cal*
s "fate that none "pf the governing Board Members receive any form
of compens - what r. Ir w e eii# to do business with VNB, they would never be
p
art of„f oa1`ti•`5:;y�''. �'':`
M6Eion by Council Pftmber`Menn, seconded by Mayor Pro Tern Selich to a) authorize the
)f "r and City Clerk - executE%. e Amendment to the 2011 Agreement between the City of
IN Beach (City) a� VNB irKa manner and form substantially similar to the document
attacheif„:to the staff re "'rt; and b) provide direction on how the City will use the proposed
$150,000�att, annual pudic benefit funding provided for in the Amendment to the 2011
Agreement. k wF
The motion carrieby,re 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). [381100-
20141
City Manager Kiff introduced the item and presented the proposed contract.
Jim Mosher noted that VNB has been identified as the entity with which the City will contract.
Volume 61 - Page 443
City of Newport Beach
City Council Regular Meeting
January 28, 2014
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, Mar Pro Tern Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council mber Daigle
S22. ORDINANCE NO. 2014 -2 -MATERIALS BURNED IBEACH E RINGS. [100 -20141
W
City Manager Kiff introduced the item noting,, „•tiliat state asking for Coun introduction and
first reading of the proposed Ordinance. Hih::. lai. details of the Ordina, and referenced
the staff report noting it includes additional I' on and welcomed comment from Council.
Council Member Gardner commented, on earlier pertihWt discussions and asked why fire wood is
allowed when there are alternatives �Lable r
City Manager Kiff stated that in the pla th £ iil adopt t suggested this as an Ordinance
to be adopted at a future date. He addressed the s ':4''- , _sugge'aed by Council envisioning some
wood fueled rings with the alternative I low exxkiesion�og ,He added that the SCAQMD does
not believe that natured or low- emissio ogs are as fixel efficient and are more polluting
than natural gas.
Council Member tlner w ndered why, if tyre is a health issue, natural fire logs are allowed.
In respo cilber�aquregarding enforcement, City Manager Kiff noted
the nn an apply reguTons and noted enforcement with a combination of
Parlf *atrol, educati _. Code” 11 forcement and the possibility of late -night policing.
Member Daiglelommenf`AC' on options for modifying fuels and wondered if there are
�l options.
City Mana Kiff repoed that Rule 444 is fairly clear that, without physically moving the
rings, the on things t11t can be burned, after March 1, 2014, are liquefied gas, gaseous natural
gas or charcoal.' M1
Council Member Dgle 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
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 solution for fire rings and whether this is a City policy, City Manager Kiff stated that it
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City of Newport Beach
City Council Regular Meeting
January 28, 2014
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 AB 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 tie City would get a CDP
approving the Ordinance....
City Manager Kiff addressed the latest generation of the Bil,.adding that it doesn't affect the
AQMD rule- making or Rule 444 but that the only way to i ' M- rit it is through a CDP. The
locality has to show how complying with the Rule does , in the te's eye, violate the State's
preference for no net loss in fire rings.
Regarding the one -size- fits -all Policy, Council 1Vtt5hiber aigle asked ho comports with the
Coastal Act to have low -cost recreational am 'ties.'
City Attorney Harp noted there are many issue it ay including nuisance issue here different
policies and interests are being merged.
Council Member Curry added that "'*&ti
Beach's solution is for Newport Beach�n
cities ought to adopt a similar solution oll
Council Member Henn ered what is
the four things that tbAii s approving
.s -alm guage serves to say that Newport
City d % mot presume to suggest that other
9ccomplii by the Ordinance and noted that
would still receive a citation from the AQMD.
City Manager MM".reported4hat the City istFPaught between two agencies and that there is no
way that a CDP for fe „appved plan can be pbmitted in time by March 1, 2014. However, the
plan that Cou i app k � aze the ab y to be approved by the Coastal Commission as
they do��ix�`s ., e fu source.
av
Ci$- `Attorney Harp stied that;ae Ordinance allows the City Manager to come into compliance
the AQMD Rule in, he inte while processing a CDP. By the time the interim solution
faljs` and there is a CP in plact;which implements direction by Council, the rest of the Rule
can reifFn in place. 4
City Manag iif statedot could be done in two (2) steps but suggested doing it in one (1).
In response to Cofii3ember Gardner's question regarding the meaning of natural fire wood, .
City Manager Kiff } ted 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.
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
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City of Newport Beach
City Council Regular Meeting
January 28, 2014
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 muck,*s possible while retaining
the experience that people enjoy there. 1:=v
Doug Swardstrom, Friends of the Fire Rings, agreed that *.,plan has few fans and that his
organization supports AB 1102. He asked that Council i�nr�c e considerations relative to the
types of allowable fuel and hold off on moving rings to 8 ow new' "i g ilations may play out.
Council Member Curry stated that Council is not posing to move orluce any fire rings at
this time.
City Manager Kiff reported that the Ordin6i3pa 1} nothing to do with movent of the fire
rings, just the fuel source.
Jim Mosher commented on the defy
referenced a paraffin- coated cardboai
wondered if it would qualify as a fire
application of Rule 444 and when it v
it applies to private fire rings.
from the list of allc4&ble iteftis that can
The motion died fo* lacks' a second.
died
of fuel soui° s, in particularly that of fire logs. He
flat was pres6*-ed in a previous Council meeting and
e Ordinaprovisions. He commented on the
in se' `" tie use'a each fire rings and wondered if
a:
roduce the Ordinance, but exclude natural wood
tined in the fire pits.
relative to fire rings.
CoiNW Member Curry ted that he problem with the motion is that there is a State agency
that w ,tell the City, o4March 1, 2014, that the City is responsible for regulating what people
burn in avings or the, ity will be fined. Another agency is telling the City it cannot restrict
what people %wn in th0fire rings until it has a CDP and a State law that negates the State
agency with cof'$icting- urposes and goals. He believed the Rule gives the City the ability to
avoid fines and l o (2) State agencies sort it out.
Motion by Counci Member Currv, 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.
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.
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City of Newport Beach
City Council Regular Meeting
January 28, 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, 2015 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, Mays,. " ro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn.
Noes: Council Member Daigle
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 9:49 p.m.
The agenda for the Regular meeting was postx;,` January 23, 2014, at 4" p.m. on the
City's website; on January 23, 2014, at 4:00 p.m o:-g,he City Hall Electronic Bulletin Board
located in the entrance of the City Council Chain s at 100 Civic Center Drive; and on
January 23, 2014, at 4:00 p.m. in the Ming Agenda ' der located in the entrance of the
City Council Chambers at 100 Civic Ce ive. The SxPlemental Agenda was posted on
January 24, 2014, at 1:45 p.m. on the Cry's w on Jari "" y 24, 2014, at 1:45 p.m. on the
City Hall Electronic Bulletin Board locat d in the' nee 0' e City Council Chambers at
100 Civic Center Drive; and on January 2 2014,_ :18ft iii the Meeting Agenda Binder
located in the entrance ofgity Council hagrl3ers at 10ftivic Center Drive.
City Clerk
Recording Secretary
Mayor
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