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HomeMy WebLinkAbout01 - MinutesCITY OF NEWPORT BEACH City Council Minutes City Council Study Session - 4:00 p.m. July 10, 2012 — 4:00 p.m. I. ROLL CALL - 4:00 p.m Present: Mayor Gardner, Mayor Pro Tem Curry, Council Member Council Member Henn, Council Member Selich Excused: Council Member Daigle n , II. CURRENT BUSINESS 1. 2. CLARIFICATION OF ITEMS ON THE SHIPS TO REEFS PRESENTATION. [100 -20121 Joel Geldin, Chairman and Chief Executive organization,. thanked Council for the \opi presentation on the organization's plan to�ea the California coast to improve and enhance and to enhance the 'tourism industry that i current efforts, their oee, available c p,>mP conditions, economic 1 for reefing, SCUBA to educational compo - ; actions by other cities his organization, In res6onse to t&,eany ship built with be stricken from the list. �y Dan Puree4 expressed a impact on they a lion pc artificial reefiii lomic benefits;° effecting reef f.if vial reefing, Agenda Item No. 1 July 24, 2012 Council Member Hill, None icer of Caifoinia Ships to Reef, a non -profit iriity to speak -•'and provided a PowerPoint li h,a regional system of artificial reefs along CalifornilWfish, plant and marine ecosystem, ntered on fiahiig.aud diving. He addressed mmissioned surplus ships, current Federal underwater art, materials that can be used aliforma as a dive destination, ecological and ug costs, proposed projects, funding sources, and the possibility of the City partnering with r, question, Mr. Geldin addressed the rules changed by types of ships available for artificial reefing, noting erials such as Polychlorinal Biphenyls (PCB) were to about potential problems and risks with the program and the S. REQUEST TO AMEND1'THE ORDINANCE REGARDING THE TAXATION OF HOTEL ROOMS. [100 - 2012[, ' Assistant City Manager Smith referenced the staff report and indicated that staff is looking for direction from Council regarding complimentary (comped) rooms, noting that the City is currently collecting taxes on complimentary rooms. Finance Director McCraner addressed the current calculation for the tax rate. Mayor Pro Tem Curry believed that taxing people on a free room is not consistent with being a business - friendly City, commended the City for its work in revenue generation, and stated Volume 60 - Page 510 City of Newport Beach City Council Study Session July 10, 2012 that this is a case where direction should be given to not the charge tax on complimentary rooms. Council Member Henn distinguished between the various categories for offering complimentary rooms and stated that he supports allowing some relief from charging taxes. Council Member Hill noted that there are only two cities that charge taxes for complimentary room of those surveyed and agreed with Mayor Pro Tem Curry regarding the importance of remaining business- friendly. r. Gary Sherwin, Visit Newport Beach (VNB), addressed the reasonsjivhy hotels provide complimentary rooms including charitable reasons, reported on an upcoming event involving meeting planners where rooms will be comped for business reasons to persuade them to book their meetings at City venues, and reported that the d s c ° (� gruntlefl guest category is a small percentage of the total comped rooms offered. Council Member Selich expressed agreement with Maybi Pro Tern Curry ard? stated that he was in favor of exempting the four categories in the,rsport from Transient Oc pancy Taxes (TOT). \ Jim Mosher stated why the TOT is needed,, sugge` t d the possibility of waiving the promotional fee rather than the TOT, and commented`on;the survey of surrounding cities and comping rooms for people in the hospitality industry. �\ George Schroeder believed that more information is needed arid, indicated that comparisons with comparable cities should have been Mr. Sherwin reported that the cities of Huntington Beach; Costa,Mesa, and Laguna Beach do not charge TOTS on comped moms. \ f Discussion followed regarding validating comped rooms and the need to work with the hotels to obtain an accurate accounting of comped rooms per year; which will result in a potential revenue loss to the Ciky - -, Finance DirECtor -iV Craner` reported tliaf,.the- information will be checked during the audit process;and asked if'Gouncil believed that the e`should be a cap. Pro Tern Curry stated that the matter should be administered in the most effective Following [discussion, staff, was directed to generate the necessary ordinance that would exempt all co mplimentary lintel rooms from TOT. 4. CHARTER UPDATE COMMITTEE DISCUSSION. 1331100 -20121 Assistant to the Assis't'ant City Manager Houston discussed the establishment of the Charter Update Committee (CUC), meetings held, input received, timelines for the process, and the need for specific Council direction. Paul Watkins, Chair of the Charter Update Committee, expressed his appreciation to Council, reported that the Committee had a busy six- weeks, commended CUC members and City staff, referenced written comments submitted by the public, presented a summary of the recommendations, noted that there was focus on Section 708 (Board of Library Trustees Powers and Duties) which seemed to be a controversial part of the Charter, and addressed a Volume 60 - Page 511 City of Newport Beach City Council Study Session July 10, 2012 compromise reached on Section 708. In response to Council Member Henn's question, Chairman Watkins reported that the CUC worked at a fast pace and proceeded efficiently. Further, added that the public was allowed to provide input fairly and appropriately, and indicated that their comments were very valuable. Council Member Rosanky stated that the discussions were lively, with different sides taken on issues, and that the CUC explored different alternatives within the confines of the scope of work given to them by the City Council. Regarding Council compensation, Chairman Watkins noted that/Council Members in attendance recused themselves appropriately, staff provided co11 parative information on other Councils, and stated that the CUC simply updated what needed tdtbe updated. Assistant to the Assistant City Manager Houston commented on section's that remained unchanged. Regarding Section 503 (Compensation and Bond:. determined that bonds are provided to City employ and covers an array of employees. In addition, re the [Civil Service] System), he stated that it was amending. "\ Mayor Pro Tern Curry commended the being increased or decreased, but rather compensation. Council Member Elizabeth Stahr adds a Library Service I)is expressed the opinion And expressed appreci Citizen Satisfaction Suive wiFhijhe Library System from-;I:ibrary Trustees to Librarians to the City M: change to Section 708, beli provided a handout that it 708 be placed 6 k Othe ballot the CUC nAn Watkins rioted thkAhe CUC the costs are relatively affordable, Section 801 (Positions Included in ned that the Section did not need that'Councils' compensation is not included \m the Charter relative to 708, commented on the issue surrounding the hiring of g that it takes a lot of people to vet candidates. She hould not be%iaken away from Board of Library Trustees This. Stahr for her work with the Library, referenced results of a =g idling Library Services, noted that residents are very happy i Boaid'of Library Trustees, commented on the shift of power )litician's�in the updated Charter and the power to bire /fire ger who serves the City Council, suggested that there be no d that the Library should not be under the control of politicians, ded the existing and proposed language, and asked that Section a stand -alone item, if it will be voted on. Paul Glowienke noted' +he was a member of the CUC but was speaking as a member of the public. He indicated :that Section 708 was considered completely, stated that the City Manager originally recommended that it not be changed, believed that the Library Services Director should be under the management of the City Manager, and expressed agreement with the proposed amendment. Jim Mosher believed that the process was flawed and did not see an urgent need to present the Charter Amendments. Dan Purcell believed that the Charter Update process was restrictive for the public and Volume 60 - Page 512 City of Newport Beach City Council Study Session July 10, 2012 believed that there should have been better reporting. Dan Wampole, Charter Update Committee Member and member of the public, commented on Section 708; He believed that the City Manager needs to have an equal amount of authority and that this is non - existant in the previous version of the Charter. He reported contacting City Manager Kiff and asking for his assistance in drafting the amended language amended for Section 708. Ron Hendrickson addressed the Council compensation section (Section 402) noting there is no mention of retirement benefits. and health insurance for Council. Regarding Section 407 (Regular Meeting), he suggested adding language for setting the hour` of the meeting by ordinance. In addition, he commented on Sections 503 (Compensation and Bonds) and 704 (Meetings Chairperson). He believed that the process was good, but "rushed. David Bahnsen, Charter Update Committee Member and member of t�'eLgublic, commented on the lengths of the meetings, stated that there was extensive discussion;;o_n many issues, noted that the City Attorney's Office was clear regarding the process, and stated that there was a great deal of interaction by and with the Committee. Novell Hendrickson presented an exhibit rega'rdi'ng`pre'sent practice, noted that 19 ;of the items were amended in 2010, and commented on the public comment process. .� Mayor Gardner indicated that she attended most of the'CUC meetings, believed that there was good public comment was received,kank stated that the CUC took cognizance of what was said. Regarding action 708, she believed tliat'.the City Manager should have the authority over Library Services but in listening to public com `nts, suggested. that Section 708 remain unchanged or voted on separately. Chairman Watkins indicated that he will reserve`-his commeritsluntil the regular meeting i ai r agenda because of tim•eonstraants. y t City Manager i{iffi %%'t tad that %staff has listed he items that Council may want to discuss A further, including Sections 4Q2, (Compensatioir), 407 (Regular Meeting), 708 (Board of Library Trustees Pow e st andlDut it and 709 (Pa ks, Beaches, and Recreation Powers and Duties). Council Member Rosansky indicated there was also extensive discussion on Sections 409 (P..Nce of Meetings), 421 (Contracts Execution) and 608 (Illegal Contract Financial Interest). Discussion followed regarding Sections needing additional discussion, including Section 1114 (Claims and D mande). Mayor Pro Te i'.Curry commented on other issues to consider, including creating a new Cbarter Section i6,prr \ \ \o brit red light cameras in the City. , I/ City Attorney Harp stated that he can provide sample language on the issue from the City of Anaheim during the regular meeting. III. PUBLIC COMMENTS -None Jim Mosher believed that all meetings should be open to the public, encouraged Council to adopt more expansive policies, and indicated that there is a Brown Act requirement to provide the public with a written and oral announcement with topics discussed at the Closed Session meeting. Volume 60 _ Page 513 City of Newport Beach City Council Study Session July 10, 2012 IV. ADJOURNMENT- 5:40 p.m The agenda for the Study Session was posted on July 5, 2012, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building City Clerk `V A Volume 60 - Page 514 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 10, 2012 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:40 p.m. A. CONFERENCE WITH LEGAL COUNSEL 54956.9(a)): Two Matters 1. Sandy Wedgeworth, et a1 v City of N Orange County Superior Court Case No. 2. Paul Matheis, et al v City of Orange County Superior Court B. CONFERENCE WITH LABOR Agency LITIGA Beach, Kiff, City et al (Government Code § § 54957.6): and Negotiator Employee Oi7ganizatidons: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach Ciiyf Employees Association (NBCEA); Newport Beach Employees- League (NtB1 L), -1`� W,pgrt Bead, Firefighters Association (NBFA); Newport Beach Fire- `Mana`gement Association (NBFYGI); Lifeguard Management Association (NBLMA); Newport Beach Pai•,t TimaUnit (UPEC, Local 777); Newport Beach Police Association (NBPA); -Newport Beach Pol'iee Management Association (NBPMA); Newport Beach Professional and III. RECESS IV V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn Excused: Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp reported that there are no reportable actions VII. PLEDGE OF ALLEGIANCE - Council Member Hill VIII. INVOCATION - Bryan Eckelmann, St. Andrews Presbyterian Church Volume 60 - Page 515 City of Newport Beach City Council Minutes July 10, 2012 DL PRESENTATION Heroic Act Award - Phil Castillo - Mayor Gardner read the proclamation and presented it to Phil Castillo. Fire Chief Poster and Lifeguard Operations Assistant Chief Williams presented Mr. Castillo with the Heroic Act Award. X. NOTICE TO THE PUBLIC M ITEM) Mayor Pro Tem Curry reported that he presented a certificaterto Bill Hossfel'doutgoing President of the Newport - Balboa Rotary Club; participated in the Fourth of July Parade at MarinersrPark and the American Legion Old Glory Boat Parade; provided the welcomincomments at the Newport`Dunes Fourth of July celebration; presided at the installation of John Whitney as the new President Of Friends of OASIS; and congratulated Scott Paulson on his service as the outgoing[P_rediiaent to the Friends of OASIS. Council Member Henn reported participating in the Mr. Irrelevant Arrival Party at the Newport Dunes Resort where Chandler Harnish was welcomed to the City; attended the Lowsman's Banquet honoring Chandler Harn sh; and attended the Fourth of ;July- celebration at,Channel Place Park. He expressed his appreciation to staff and the Newport Beach Police Department for their work during Fourth of July and reported on an upcoming Tidelands ManagementTommiitee' .e` g on�July 18, 2012, at 4:00 p.m. at the OASIS Senior Center where discussion will continue on the,, idelands.Management Master Plan. Mayor Gardner reported paddluig tliis morning in the %Bhy and came across two dead Kai, noting that they don't live in salt water. She,emphaaized that nothing,should be placed in the Bay or Ocean that is foreign to it. She referenced the recent,Ocean Boulevard lot merger that Council considered on June 26 and requested that staff bring back a report that limits the side easements to be no less than what would have been allowed in the original lots and that the Total-square footage could not be more than the combined maximum square footage on e merged>lots.�� — J XII. CONSENT. CALENDAR 1� City Manager Kiff clarified that Iltem 10 sh\ rid refer to Council Policy I -2, not I -7. He added that staff is recommending p ling.Item 12 so that Visit Newport Beach, Inc. (VNB) can provide a presentation. I:" 1. MINUTES FOR -THE JUNE 26, 2012 STUDY SESSION AND REGULAR MEETING. (100 -20121 Waive reading of subject minutes, approve as amended and order filed. Council Member Henn abstained on this item since he recused himself during a June 26, 2012 Study Session item. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. B. CONTRACTS AND AGREEMENTS Volume 60 - Page 516 City of Newport Beach City Council Minutes July 10, 2012. 3. TIDEGATE RETROFITS AND UPGRADES - AWARD OF CONTRACT NO. 5116. [381100 -2012] a) Approve the project drawings and specifications; b) award Contract No. 5116 to Bali Construction, Inc., for the total bid price of $126,620, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $18,993 (15 percent) to cover the cost of unforeseen work not included in the original contract. 4. 15TH STREET REHABILITATION PROJECT - OLD NEWPORT BOULEVARD TO REDLANDS AVENUE - AWARD OF CONTRACT NO. 5077. [381100 -2012] a) Approve Reimbursement Agreement with the City of Costa Mesa and thf", City of Newport Beach; b) approve the project drawings and specifications; c) award Conti ct No. 5077 to All American Asphalt for the total bid price of $303,303 and authorize the -Mayor and City Clerk to execute the contract; d) establish a contingency of $45,000 (15 percent) to cover the cost of unforeseen work not included in the original contract; and e) approve Budget Amendment No. 13BA -002 recognizing new revenue (reimbursement funds frorhAhe City of Costa Mesa) of $115,000 to Contribution Fund 250 -4858 and appropriating $13'6,000 to Acco'tNo. 7251- C2002042. 6. MISCELLANEOUS PAVING REPAIR - BRISTOL/-STREET SOUTH; NEWPORT COAST DRIVE AND JAMBOREE ROAD AZ COAST HIGHWAY SOUTH,,,,- AWARD OF CONTRACT NO. 4882. [381100 -20121 a)LAppfove the project drawings and specification; b) award Contract No. 4882 to PALP, Inc., D3A Excel Paving for the total bid price of $657,265.50, and authorize the Mayor and it Clerk to execute the contract; c) establish a contingency of $65,727 (10 perc6l) ,to cover the cost of unforeseen work not included in the original contract; and d) approve,�Budget Amendm nt:No. 13BA -001 appropriating $43,000 from the Bristol Relinquishment Fund to Major Arterial Street Repairs CIP Account No. 7253 - C2002047 and appropriating $140,000 from th uuappropriat\ed Measure M Turnback Fund to the Major Arterial Streets Repairs CIP0,Account'No. 728jr_C2002047. C. MISCELLANEOUS PLANNING COlt1MISSION AGENDA FOR JUNE 21, 2012. [100 -2012] Receive and file. 8. CIVIC CENTER,,AUDIO VISUAL AND INFORMATION TECHNOLOGY EQUIPMENT -BUDGET AMENDMENT.` 1100 -20121 Approve Budget Amendment No. 13BA -003 ,appropriating $1,360,385 from.,the Cable Franchise Reserve to the Civic Center Fund, Civic Center IT /AV Equipment Account, 7410- CID02041 ($1,018,000 will be used to purchase the a dio- visual and information technology equipment necessary for the new Civic Center and the remaining balance ofjs$342,385 will be used to supplement eligible expenditures within the current Civic Center Construction contract). 9. REQUEST TO,INSTALL A DRIVEWAY APPROACH AT 1702 PARK AVENUE. � [100- 2012] Approve a }new 17.5 -foot wide driveway a pproach for access to the property per City Council Policy -L-2, Driveway Approaches, provided the property owner obtains an encroachment permit from the Public Works Department 11. WAIVE COUNCIL POLICY A -2 - BOARD AND COMMISSION APPOINTMENTS; AND APPOINT A NEW CITY ARTS COMMISSIONER TO FILL THE UNEXPIRED BALANCE OF CITY ARTS COMMISSIONER ROBYN GRANT ?S UNEXPIRED TERM, WHICH ENDS JUNE 30, 2013. [100 -2012] a) Since the City Council made appointments to the City Arts Commission and other Boards and Commissions at the June 26, 2012 City Council Meeting, waive Council Policy A -2 relative to the procedures for handing unscheduled vacancies; b) appoint a new member to the City Arts Commission to fill the unexpired balance Volume 60 - Page 617 City of Newport Beach City Council Minutes July 10, 2012 of City Arts Commissioner Robyn Grant ?s term, which expires on June 30, 2013, from the list of applicants that have an application on file with the City Clerk ?s Office or any person that submits an application by 1:00 p.m. on Friday, July 20, 2012; and c) make the appointment to the City Arts Commission at the July 24, 2012 City Council meeting. MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. Motion by Council Member Hill, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the items removed (Items;°); 10, 12 and 13); and noting Council Member Henn's abstention on Item 1. fI The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Absent: Council Member Daigle /) XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR/ 7 5. APPROVAL OF AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH SCHMITZ & ASSOCIATES FOR PROJECT PROCESSING ASSISTANCE (C- 4546). [381100- 2012] Jim Mosher referenced the staff report ands fxpresse duties rather than an outside consultant. He also e outside, referenced the California n�Cpnstitution regarding Motion by Council Member Curry, seconded Amendment No. 6 to' the"Pro£essional Services Agree California for California (SoasthKommission applica at an additional - contract cust; of $51;8,5 and aut. 01 hat staff should be performing the rns regarding the quality of work for services already rendered. Council Member Rosanskv to approve it with Schmitz & Associates, Inc. of Malibu, preparation, processing and support services the Mayor and the City Clerk to execute the City Attorney Harp clarified thati`the contractor is not being paid twice for the same services but for adda`tional and extra work, Therefore; there is no violation of the State Constitution or any other rules. The motion carried by the following roll call vote: Ayes: Council Nfember Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Absent: Council Member Daigle 10. LIBRARY STAFF RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL OF CITY COUNCIL POLICY MANUAL LIBRARY SERVICES POLICY I -2 - USE OF THE NEWPORT BEACH PUBLIC LIBRARY. [100 -2012] Jim Mosher noted that the Council Policy number is incorrect and pointed out that the proposal has been approved by the Board of Library Trustees. He referenced the City Charter and believed that Library Policies are not subject to approval by the City Council or staff. City Manager Kiff referenced the various City Council Policies regarding the Library and stated that it is appropriate for the City Council to continue to approve them. Volume 60 - Page 518 City of Newport Beach City Council Minutes July 10, 2012 George Schroeder encouraged Council to approve the item Dan Purcell commented on Board of Library Trustees meetings and expressed concern that the Central Library lacks adequate bicycle racks. Motion by Council Member Curry, seconded by Council Member Rosansky to approve revisions to Council Policy I -2, as approved by the Board of Library Trustees at their December 5, 2011 Board Meeting, and by the City Attorney's Office on December 22, 2011. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry f' Absent: Council Member Daigle Gi 12. VISIT NEWPORT BEACH, INC. (VNB) (C- 5177) AND NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID) ANNUAL REPORTS /38/100- 20121 City Manager Yiff introduced the item and deferred &5 Gary Sherwin of Visit ewport Beach, Inc. (VNB)-,� Gary Sherwin, VNB, provided an update on the acknowledged and introduced Membersof�he „Exec PowerPoint Presentation which detailed the &ycal've_ the police hospitality training program. In additib Series will be hosted by the City of Newport each economic impacts. He addressed the Newport Beach group room night 2012 -13 organizat initiative, mobile plan. Council a communn including the a comparisons return on industry noting it is doing very well. He utive Committee and volunteers. He utilized a ar hotel performance, VNB's brand promise, and n I 'he announced that the Bowl Championship in, ,he iary 2014 and noted the event's related Tourism Business Improvement District (TBID) .nt, Transient Occupancy Tax (TOT) budget, the iced by VNB, the new kiosk directories, online strategies, and addressed marketing goals and and addressed organization, as opposed performance measures in the organization's broadening of its to a visitor bureau approach. He next year's presentation, as well as Mayor Pibo T_ em Curry congratulated Mr. Sherwin on the success of the organization and commented on the importance of the efforts of the organization. Council Member Hill expressed his appreciation to the Board for the work performed. Jim Mosber thanked CBy Manager Kiff for improving the contract with VNB to require reporting and transparency, and reminded the VNB Board of their requirements to file other reports. He commented on the decrease in the number of visitors to the City in previous years and their plan to fund its annual meeting. He addressed Brown Act compliance issues regarding TBID meetings. Tom Johnson, Chairman of the Board for VNB, clarified the amount that is budgeted for VNB'a annual dinner, noting that it is a one -time per year meeting where the entire community is engaged to review plans for VNB. He noted that there is no obligation for the public to attend their meetings, but that they are allowed, and stated that the organization strives for all the transparency it can. Motion by Council Member Hill, seconded by Council Member Henn to a) approve the Fiscal Year 2012 -2013 Visit Newport Beach, Inc. Marketing & Business Plan and budget; and b) approve the Volume 60 - Page 519 City of Newport Beach City Council Minutes July 10, 2012 Fiscal Year 2012 -2013 Newport Beach Tourism Business Improvement District Annual Report and budget. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Absent: Council Member Daigle 13. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT rFISCAL YEAR 2012 -2013 BOARD APPOINTMENTS. [100 -20121 Jim Mosher commented on the number of vacancies versus rt) e�number of people appointed, and commented on the applicability of the Streets and Highways, -Code. •H_ discussed applicable rules and laws, as well as the City Charter. 5 �� Bernie Svalstad, Corona del Mar BID Chairman, commented on previous elections of Board Members,. referenced the BID by -laws and requested clarification regarding the Board Members' terms. r; In f� City Attorney Harp reported that the Streets`s.nd Highways Code is the controlling law when discussing BIDS, noting that State law creates the authority to generate BIDS. Robert Hawkins expressed concern that the BID Chairman does not understand what is going on relative to the terms and believed that there needs to be an understanding about why the changes are occurring. In response to Mayor Gardner's questions; City period for the BID corresponds to the term of the the BIDs to ensure that.tlte 6v Eaws are in co404 following to the Corona del Mdr Business I 2012 -2013: Bernie Svalstad,; NewNbrt Fina - Hoover Law"0—f 1ice ;Iim Walker - The Bu%i P Zadeh - 7 ort Resaurant & 1ounge; and carried by the following%(llcall vote: explained the one -year formation He added that staff will work with 3ded by Council Member Henn to appoint the ,ement District Advisory Board of Directors for FY Pom Nicholson - Nicholson Companies, Tina Hoover Restaurant, Keith Dawson - Dawson & Dawson, Ali Laidlaw - Laidlaw Schultz Architects Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Couircil Member Selich, Council Member Henn Absent: Council Member Daigle XIV. PUBLIC COMMENTS - XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported on the June 28 Neighborhood Revitalization Committee (NRC) meeting where the Committee considered the recommendations of the Balboa Village Citizens' Advisory Panel (CAP) in terms of establishing a new brand promise and brand vision for Balboa Village, as well as other recommendations regarding parking governance and economic development incentives. He reported that the NRC accepted the recommendations of the CAP with minor revisions, and that the recommendations will be brought for consideration before the Harbor Commission and the Planning Commission. Subsequently, the item will be considered by the City Council on August 19. He thanked the CAP members, the consultant, and staff for their work. Volume 60 - Page 520 City of Newport Beach City Council Minutes July 10, 2012 XVI. PUBLIC HEARING 14. AFFORDABLE HOUSING AMENDMENT FOR NEWPORT PLACE PLANNED COMMUNITY LOCATED WITHIN THE AREA BOUNDED BY MACARTHUR BOULEVARD, JAMBOREE ROAD, BIRCH STREET, AND BRISTOL STREET NORTH (PA2011 -216). (100 -2012) Community Development Director Brandt stated that the item is a follow -up program that is required by the Housing Element that was recently certified by the State and adopted by Council. Assistant Planner Whelan utilized a PowerPoint Presentation that detailed the background and future housing potential. Further, it addressed the project location, surrounding properties, and residential overlay opportunities for properties designated as/MUH2. She presented details of the residential overlay, requirements reviewed by the Planning Commission, and provisions for the qualifying projects. She noted that the Planning Commis/ sion reconlimended approval of the PC Amendment and that the Airport Land Use Commission found the ame`nd•ment in compliance with Airport Land Use Plan. ,f A Mayor Gardner noted that when the area was co\ concerns was creating enough residential areas them. However, when the Housing Element was the exemptions listed in the staff report., Mayor Gardner opened the public the General Plan process, one of the the amenities that would help support to the State, it noted the need to create Linda Tang, The Kennedy Commission, reported that'the,organizat3on is a coalition of residents and Ls L. }. organizations that advocate for the development of housing for'ilo�wer- income families. She presented written comments, and (*A ended staff fo`r their leadership in encouraging and facilitating the development of affordable homes for lower- inctiihe working families. She expressed support for the Planning Commission's recommendation recommendation to remove the development constraints for affordable homes by implementing the wsng lrrograms in Newp h ort Place. She addressed ensuing public benefits to the community, especially -for seniors and working,families. Mayor Gardner closed the public hearing. Council Member Rosansky, seconded by Mayor Pro Tem Curry to introduce the No. 2012 -14 adopting rfhe Newport Place Planned Community Development Plan No. PD2011 -005; and pass =to second reading on July 24, 2012, The motion carried by the 4 Ayes: Council Member Council Member Absent: Council Memberil XVII. CURRENT BUSINESS roll call vote: Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, , Council Member Henn 15. SECOND AMENDMENT TO THE AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT (C -2394) AMONG THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, WATERFRONT RESORT PROPERTIES L.P., AND NEWPORT DUNES MARINA, LLC, LOCATED AT 1131 BACK BAY DRIVE (PA2012 -080). (38/100 -20121 Community Development Director Brandt presented details of the report, including negotiations to clarify terms of the existing conditions on the property and some of the provisions where there have been ambiguity relative to fees paid on the remaining obligations. She addressed the property Volume 60 - Page 621 City of Newport Beach City Council Minutes July 10, 2012 location, boat slips, key changes within the Settlement Agreement, and the concept plan for the Newport Dunes. She noted that the proposed amendment clarifies the amount of remaining trip -fee obligation in conjunction with the construction of the Family Inn. She reported that a settlement payment will be required when the agreement is executed to cover the cost for outside counsel and staff time for the preparation of the amendment. She pointed out that a request for continuance was received from representatives of the Dover Shores Community Association, and that correspondence was received from Robert Hawkins regarding the California Environmental Quality Act (CEQA) determination. She noted that staff is recommending that the proposed Settlement Agreement be found to be categorically exempt from CEQA as a Class 5 exemption based on a minor change in the land use limitations. r'% In response to Mayor Gardner's question regarding charter boats, Andrew Theodorou, General Manager of the Newport Dunes, reported that they currently have four Duffy boats and a couple of fishing boats. He reported that the Duffy boats belong to Newp ru v Dunes and they would like to continue to use them. He noted that they have no interest in allowinglabge party vessels to enter the area. Regarding Recreational Vehicle (RV) parking spaces, Mr. Theodorousreported that rental spaces are limited during the week and that weekends are,. usier.,pHe added that parking is for daily, boat launch trailer use.' Council Member Henn asked about the definition defined "charter" and reported that charter use addressed the sizes of vessels and reitez smaller vessels with a capacity of up to i Bert Ohlig stated that the area is put concerns regarding not completely defini Dunes is conducting business, and with 1 noise study and assumptio�nbTZade. He a study was conducted, and believed that more than what the study suggests. He and asked for assist�tar e to ensure that 1 changes are made. In V_ ddition- h_repor concern with the. -lack of compliance ` y N;E Dan and expressed that they aie' e individuals. �r" and the hours of use. Mr. Theodorou allowed 6:00 a.m. until 10:00 p.m. He of interested in allowing party boats, but tidelands designated for public access. He expressed the change's; discrepancies regarding the way Newport recommendations`�He also expressed concerns with the essedAbe proximity-to residences and the area where the imdllevels affecting his property would be considerably [u` ested a definition of what constitutes a charter vessel ,port Dunes complies with current conditions before any there was no outreach to the community and expressed art Dunes to date. of boats in the Harbor, encouraged low- impact uses on the and- switch type projects. Anders 61kedal stated concerns with noise levels and the lack of compliance by the Newport Dunes with their`�eurrent agreement. He spoke in opposition to the use of fishing charters early in the morning and`_,cequested clerar definitions. He addressed clubhouse use for private parties and requested that Council continue the item until some of the issues raised are resolved. Warren Parchan, heado,of the Beach and Architectural Committee for Dover Shores Community Association, expressed concerns with the use of paddle boats and kayaks entering private waterways and beaches, as well as noise and liability issues. Robert Hawkins, attorney representing several groups; referenced his comment letter and the Settlement Agreement relative to the entitlements. He reported that the staff report reiterates what was in the original Settlement Agreement and updated in 1990, but indicated that there has been no environmental review since that time. He believed that the proposed Family Inn and restaurant uses need environmental review and addressed noise and traffic issues. He stressed the need for full analysis of potential impacts. Mark Miller agreed with the need to review noise impacts. Volume 60 - Page 522 City of Newport Beach City Council Minutes July 10, 2012 Ken Kramer, Attorney representing the applicant, noted that the amendment was initiated by the City, not the property owners. He reported that the current owners acquired the property in 2002 and that the issues were associated with the prior owners. He stated that the City requested that Newport Dunes document what was currently on the property and addressed the process. He addressed the purpose for the charter boat request, reiterated that the owner's do not anticipate allowing large charter boats in the area, and noted that there are existing physical limitations but stated this is not a critical requirement. He reported that the main issues in the document were established by the City which included establishing a square footage limitation as per the General Plan and determining what had happened with the fair -share and traffic phasing fees. He acknowledged resident concerns regarding noise and use of the tent. "� In response to Mayor Gardner, Mr. Theodorou noted that the marina clubhouse is solely for the use of marina tenants and closes at 10:00 p.m. He affirmed that people `an rent kayaks and paddle boats, and instructions are provided to the renters; however,tadditional,information will be included regarding the prohibition of using private beaches and waterways. In response to Council Member Selich's questions, MrZ&amer affirmed the' tem was initiated by the City and addressed issues regarding the restauran6s He addressed the number boat trailer spaces, parking for overall uses, and parts of the originahagreemeg that have not been built; In response to Mayor Gardner's question regarding the need for additional environmental analysis, City Attorney Harp stated that additional environmental analysis is needed only if there are significant changes. In this case, it is notnti. ed eed. �� Council Member Henn noted that there'4a a requirement thatamplified music be within certain decibel levels, and asked about the City's role in mitigating the issue and compliance with the Agreement. Community Development Director Brandt st'ate`d; that the Settlement Agreement does not supersede the City's �noise lordinance asVitrelates to any type of activity on the property. She addressed the types of.permit processes for amplified sound, including a special events permit, which allows bundling, and -a permit i8sued through the Finance Department for any type of outdoor use for amplified noise. She reiterated that the City's noise ordinance and standards remain in place, and added that the additional measures will be beneficial but do not supplant the City's ordinance. Further, she reported that nos plasntc.are_.iandled within the City's Code Enforcement process and that�tlie'Ciiy lias protocol for address g -these types of complaints. She added that there are additional standards within the Settlement Agreement that require the property owner to keep noise at appropriate levels. Selich noted that any' type of charter operation would also need to get a marine. permit. Motion by Council Member Selich, seconded by Mayor Pro Tern Curry to a) determine that the approval of the�Second'Amendment to the Amended Newport Dunes Settlement Agreement is exempt from the California Environmental Quality Act (CEQA) under Section 15305 of the CEQA Guidelines - Class 5 (Minor Alterations in Land Use Limitations), and direct staff to file a notice of exemption; b) approve the Second Amendment to the Amended Newport Dunes Settlement Agreement between the City and the County of Orange, Waterfront Resort Properties L.P., and Newport Dunes Marina, LLC; and c) authorize the City Manager to execute the amendment. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Absent: Council Member Daigle 16. INSTALLATION OF BICYCLE SHARED LANE MARKINGS (SHARROW) ON COAST Volume 60 - Page 523 City of Newport Beach City Council Minutes July 10, 2012 HIGHWAY IN CORONA DEL MAR. [100 -20121 Public Works Director Badum reported that the item was requested by the Citizens Bicycle Safety Committee who is requesting that Council consider the installation of Sharrows through Corona del Mar, as well as creating an outreach and education program. He provided a description of Sharrows and noted that they are being considered to be installed on a portion of Bayside Drive. He utilized a PowerPoint presentation to address the promotion of roadway sharing for motorists and cyclists, the possibility of reducing dooring accidents, and the potential issues that could be mitigated through education. He presented an example of how Sharrows would work in Corona del Max, addressed zone protection, and discussed the addition of signs. r Mayor Gardner reported that she leads the Citizens Bicycle voting member, and expressed concerns that Sharrows in encouraged residents to access www.streetsmartsmarin.org;, bicycle safety. 1 v Council Member Selich reported that he frequently Mar has two lanes where Bayside Drive has one-' road and believed that it is not a fair comparison type of road In response to Council Member Hill's question, Mayor 35 mph.,\'_, Committee meetings but is not a e drivers more aggressive. She ro¢ides educational resources for yside Drive and noted that Corona del r, Bayside Drivetiia, a small, cramped Coast Highway (PCt1) because of the noted that the speed limit on PCH is Discussion followed regarding existing cuf!vature 6f-RCH posing`alded risks. Public Works Director Badum reported that there are curbed areas but therer_is adequate site distance. Michael Alti, Member of the-Bicycle Safety Committee, stated that there is a misconception by the public that members of the Bicycle Safety Committee are biased bicyclists, but emphasized that the Committee strived to balance Ahe needs of cyclists and motorists in order to maximize safety. He noted that bicycles have. the same rights as motorists to use the roads. He referenced applicable ,\N- Ij General Plan policies regarding., bicycles and reiterated that the basic issue is to provide balance, clarify law, and,maximize safety. , - Tony Pefros, Member of Abe Bicycle Safety Committee, reminded Council of the Committee's mission and.joals. He noted that`the Committee was directed to look at specific issues, presented solutions for those issues, and reported, that Los,`ringeles and San Diego recently installed 20 -mile8 of Sharrows within each of their cities. He addressed reductions in incidents and the need for education. He requested that Council approve the Committee's recommendations. Discussion followed regardrf_ig green lanes installed in the City of Long Beach and other cities. rl 1' Paul Glowienke spoke�6n behalf of the Corona del Mar Residents Association and presented a letter from the Association encouraging Council to approve the installation of Sharrows in Corona del Mar. Robert Kahn, Member of the Bicycle Safety Committee, noted that installation of Sharrows is consistent with guidelines in the California Manual of Traffic Control Devices. He addressed the reduction of " dooring" accidents and encouraged Council to approve the item. Barry Allen encouraged Council to post signs regarding unsafe conditions for bicyclists along Corona del Mar if Sharrows will be installed. He expressed concerns with the width of the streei and believed that Sharrows are not appropriate for the area. He addressed high traffic areas and laws that favor bicyclists, and stated that Sbarrows are not in the Code. He presented his background in defending bicycle - related cases, expressed concerns with possible litigation towards the City related to bicycle Volume 60 - Page 524 City of Newport Beach City Council Minutes July 10, 2012 accidents, and suggested that the City seek immunity for Sharrows through legislation. Dan Purcell took issue that Mr. Allen was allowed to go over the 5 minute time limit. Mark Goodly presented his testimony as a survivor of a recent traffic bicycle accident, believing that the accident could have been avoided had Sharrows been installed. He recommended installing additional signage and encouraged Council to approve the item. David Huntsman reported he normally rides on Bayside Drive and has never had problems with angry motorist unless there has been one car behind him who wants to pass. He believed that Bayside Drive drivers seem to drive faster than on PCH and felt that Sharrows on Bayside Drive are not A good Sharrows experiment. He referenced statements from Visit Newport Beach, Inc. (VNB) regarding the number of overseas visitors to the City and believedzthat these visitors expect to see a cycling - friendly main street in Newport Beach. r Brenda Miller requested that Council approve the She believed that Sharrows are a cost- effective c safety. j Sean Matzler, Member of the Bicycle Safety Comi Los Angeles. He noted that bicyclists will ride on to approve the item. Susan Goodly stated that she is not aa,ccinbe Sharrows provide a visual marker cue foci, mot educate drivers to be aware of cyclists. I Motion by Mayor Pro TemsCurrv, secondei the letter to the Newport Beach City Council ur Bicycle Safety Com uttee; b) direct staff to pn Highway from MacArthur Bociievard to Poppy program, as recommended!:by ificAGitizens Bicy Council, approve, inctallat on,rd Shai•iov,s�on, -( Avenue per-1 guide lis ec of the-California Man addressed safety for all roadway users. tion tool that promotes awareness and discussed green lanes in Long Beach and in with or without Sharrows, but urged Council about rights as she is with safety, and that ;and provides; a margin of safety in that they v Council Member Selich to a) receive and file port of installation of Sharrows from the Citizens ;d with design of Sharrow deployment on Coast enue and creation of an outreach and education Safety Committee; and c) as desired by the City t Highway from MacArthur Boulevard to Poppy of Traffic Control Devices, Tem Curry commentedbri'possible liability issues and inquired whether the installation of reates additional,liability forjthe City above what may exist today. City Attorney,Harp noted that it provides design - immunity and that staff has done what it can do to help limit the' Gdity's liabilities. Discussion followed.regardd ng possible traffic violations related to riding too slowly and providing education regarding the installation of Sharrows. Council Member Hill indicated that he supports the installation of Sharrows. In response to his question, City Attorney Harp addressed related immunities. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn Noes: Council Member Rosansky Absent: Council Member Daigle 17. REQUEST TO REPLACE EXISTING PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT- Volume 60 - Page 525 City of Newport Beach City Council Minutes July 10, 2012 OF -WAY AT. 1540 OCEAN BOULEVARD. 1100 -20121 Public Works Director Badum reported that the homeowner has requested permission to install pavers within the public right -of -way in the parkway in front of their home. He presented background, addressed a previous encroachment approval, and referenced Council Policy L -18 (Protection of Water Quality: Drainage - Public Rights-of- Way) to provide an opportunity for runoff to percolate into the ground instead of going into the gutter. He stated that the idea was to require at least 75% of permeable area with the exception of driveways and carriage walks, and reported that the particular property has proposed to have two tree wells that represent about 22% of the overall space. He added that they are deficient in the area they have for permeable area in their parkway. He reported they had a contractor remove the pavers with the idea of removing the trees and have already started their work without the benefit of a permit. While they have negotiated with the urban forester to replace the trees, they would like to install 'flagstone fl,a � stone pavers throughout their driveway which would violate Council Policy L -18. Public'Works Director Badum reported that the homeowner is requesting a waiver of the policy; howe ,,erhe indicated there is no ground to grant their request. /r N, ti Council Member Selich inquired whether the I Director Badum reported that the Policy doee hardscape has been eliminated. He added that attempts to minimize its use. is followed on all City medians. Public Works apply to medians and noted that a lot of the =,is some hardscape needed in medians but staff t� Council Member Henn clarified that the {rea -is just parkway \ and that there is no driveway across the parkway. Mayor Gardner stated that Council Policy L_18 is a go6'd- 1�61icy, is of green streets, and should be maintained. She reported that she will be supporting staffs recommendation to deny the waiver. y Motion by Council Me' beri osanskv, se o ed by Mayor Gardner to deny the request since it does not comply with the intent of Council'P`olicy L -18 to minimize dry- weather runoff and runoff from small rain eventsAo improve water quality and to allow urban runoff to percolate into the earth before entering the City's ' Ftree�tdsainage system\' The Ayes;-% Council Member G-. ,Council Member Noes: Cquncil Member Absent: Council Member roll call Pro Tern Curry, Mayor Gardner, Council Member Selich, 18. PROFESSIONAL \,SERVICES AGREEMENT WITH FOX LAWSON AND ASSOCIATES TO CONDUCT A CITY`WIDE CLASSIFICATION AND COMPENSATION STUDY (C- 5176). [281100 -20121 \ \�) Assistant City Manager Smith reported that the proposal is to conduct a classification and compensation study of all City positions. She reported the impetus behind this was to reset job classifications and reported that the City has never conducted such a study. She referenced Council's compensation philosophy and noted that there have been layoffs, that the City has reduced the size of the organization, and that many positions have been added through the years. She noted difficulties in internal consistencies throughout departments as the positions have been added. She reported that a classification study would provide a systematic way to evaluate the needs of the modern organization and that the methodology will provide a concrete way to reset the City's classifications. Bruce Lawson, Fox Lawson and Associates, reported that the study would provide a comprehensive Volume 60 - Page 526 City of Newport Beach City Council Minutes July 10, 2012 view of all City positions from a classification standpoint, as well as re- examine the way compensation is delivered. He addressed the project duration and the resulting outcome. In response to Council questions, Mr. Lawson noted that the study will also include a comparative analysis which would include cash compensations and benefits. He confirmed that the study will encompass all City positions, including public safety. Additionally, there will be a compensation strategy for the Department Director positions. Motion by Council Member Henn, seconded by Council Member Rosanskv to approve and execute the Professional Services Agreement with Fox Lawson and Associates, a Division of Gallagher Benefit Services, Inc. (FLA) to conduct a comprehensive citywide and compensation study, not to exceed $115,000. Jl The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosanskv; Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn - , Absent: Council Member Daigle 19. PROPOSED ORDINANCE DESIGNATING (VHFHSZ) IN THE CITY OF NEWPORT BE Mayor Pro Tem Curry recused biiiisebf, from residence was previously designated ikthe VI Fire Chief Poster presented an update "ar wildfires. He addressed the purpose of the or various zones, and the proposal for the Neva noted that the revised map will1be submitted that it will not oreventall fires "but rather a a FIRE HAZARD SEVERITY ZONE and left the dais because his ed the tremendous costs .related to combating rr t. e „previous consideration by Council, maps of the ach Local`-Responsibility Area for VHFHSZ. He State as the Newport Beach VHFHSZ. He noted Discussion ensued regarding the changes and components of being in the VHFHSZ, as well as fuel mitigation and identificatfo_n,of the aress. Robert Hawkins, atto`rne'y representing various-clients within the City of Newport Beach, indicated that he submitted comments relative to the environmental determination and commended Chief Post 4or his work, but expressed tbucern that the environmental determination is incorrect and adds sled• environmental impacts to thelareas. He suggested performing an environmental analysis. City Attorne`yHarp reported that certain findings were needed in order to reduce the amount of the fire zone and noted that lesstregulations are being applied to certain areas and that the area has been decreased so, therefore, there will be no increased environmental impacts to those zones. Motion. by Council Member Rosanskv, seconded by Council Member Henn to a) introduce Ordinance No. 2012 -15, designating Very High Fire Hazard Severity Zones within the City of Newport Beach, and pass to second reading on July 24, 2012; and b) find Ordinance No. 2012 -15 is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code Section 21080(b) (1) and CEQA Guidelines Section 15268(a) because the City's adoption of the ordinance is mandated by Government Code Section 51179(a), further find the adoption of the proposed VHFHSZ map via Ordinance No. 2012 -15 does not cause significant public safety issues based upon the substantial evidence contained in the record and the activities required of a person who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion of the City. The adoption of the ordinance is therefore ministerial. To the extent that provisions of Ordinance No. 2012 -15 are considered discretionary decisions due to the exclusion of certain areas Volume 60 - Page 527 City of Newport Beach City Council Minutes July 10, 2012 from the map as submitted by the Director of the California Department of Forestry and Fire Protection ( "CAL FIRE "), the excluded areas will not be affected by the adopted VHFHSZ map or fuel management activities directly resulting there from, and therefore, there will be no impact to the environment in these excluded areas. Furthermore, find Ordinance No. 2012 -15 is exempt from CEQA pursuant to CEQA Guidelines section 15304(i), which applies to fuel clearance activities within one hundred feet (100') of a structure. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Council Member Henn Absent: Council Member Daigle 20. RECOMMENDATIONS FROM THE CHARTER UPDA City Manager Mff noted that there was a previous presentation during Assistant to the City Manager Houston presented-an update on the Council requested further discussion. \f Council Member Selich, (331100 -2012] Study Session. Sections that Regarding Charters Sections 402 -A (Compensation); 4.02 -B (Reimbursement and Expenses), and 404 (The Mayor. Mayor Pro Tempore), Mayor Pro Tem du'ry,-wanted to assure residents that Council compensation is not being increased but Chat the item clarifies the current compensation. Assistant to the City Manager Houston affirmed that ihere,is no increase -and there is no change other than for clarification purposes. He noted that the adjustments will be per'Consumer Price Index (CPI) or 5 %, whichever is less. L r� tij Assistant to the City Manage addresse&Section 407 (Regular Meeting) and the number of Council meetings to be,-h4ld, reporting that the change recommends two meetings per month except for the months of August and December, where there will be at least one regular meeting in each of those months. `,ti i� % Following discussion,regaicl "ak suchUtime' iin,Section 407, it was the consensus of Council that the Assistant to the City Manager Houston highlighted some of the concerns regarding Section 708 (Board of Library Trustees Powers and Duties). Mayor Gardner recommended overriding the Charter FJpdate Committee and staying with the existing language. Council Member, Rosansky noted that Section 708 (Board of Library Trustees. Powers and Duties) received a lot of Aiccussion and proposed making this matter a separate ballot measure if it is to go on the ballot. -�tl %1 Mayor Pro Tern Curry expressed support for the Committee's recommendation and discussed reasons why the City Manager should have control over Department Directors, including the Library Services Director. However, he also agreed with Mayor Gardner's suggestion to leave the Charter Section unchanged and wove forward with the rest of the Charter amendments. Council Member Selich believed that the Committee was correct in its recommendation, but that the community feels otherwise. He indicated support for keeping the language unchanged. Council Member Henn agreed that from a management sense, the Committee got it right but he stated that the community is not ready to be swayed by this change. He indicated support for leaving the existing language unchanged Volume 60 - Page 528 City of Newport Beach City Council Minutes July 10, 2012 Council Member Hill expressed his support for the Committee's recommendations. Assistant to the City Manager Houston discussed recommendations regarding Charter Section 709 (Parks, Beaches and Recreation Commission. Powers and Duties). City. Manager Kiff agreed with a comment from a previous budget meeting regarding the importance of being able to have the Commission review the budget. He believed that there is no reason why the Commission should not review its budget, but questioned whether this should be included as part of the Charter. Assistant to the City Manager Houston addressed Section 1114 (Clai}sis and Demands) and Acting Assistant City Attorney Torres referenced a recent case in the Citv�Vuf Los Angeles relative to class action claima/lawsuits and recommended adopting a prohibition qr class action claims/] awsuits. Discussion followed relative to concerns that the Charter Section might will curtail a citizen's right to file a claim against the City. Assistant to the City Manag'Houston noted that this does not prohibit individual claims against the City, but will discourage sss action claims /lawsuits. Assistant to the City Manager Houston presentedYlanguage ! relative to a new Charter Section which would prohibit red light cameras in the City. ff . Mayor Pro Tem Curry reported that a lot of cities he addressed a possible trust issue between the City appropriate to add this item to the Charter, amendn of technology abuse. He suggested amendirig,_tha pr toll roads, but believed that red light cameras have r Council Member R whether this issue this is within the enforcement can be Paul are in atten the process George Schroeder expn Trustees. Powers and D anytime. He indicated Elizabeth Stahr (Section 708), be idt;d to the disco, of ?what is being in the proposed h �Iadopted prohibitions on red light cameras and nd_ community. He believed that it would be nts�tio`�ve citizens protection against this kind )osed language to eliminate language regarding ,place in ih `City. Tor Pro Tem Curry's comments but questioned City Attorney Harp expressed the opinion that ed. He stated that an exception for toll road Charter Update Committee, noted that many of the Committee ated that this was a learning experience for him. He thanked staff Laf,public input. : oncerns relative to amending Charter Section 708 (Board of Library and noted that Council could appoint new Board of Library Trustees at -t for leaving the Section unchanged. cilto keep the language regarding Board of Library Trustees unchanged the current system works well. Dan Purcell stated that times have changed and believed that that Board of Library Trustees meetings could improve. He expressed support for the Committee recommendations relative to Charter Section 708 (Board of Library Trustees. Powers and Duties), but expressed concerns regarding class action lawsuits (Section 1114), Council meetings (Section 407), and red light cameras (proposed new Charter Section). Jim Mosher believed there is lack of direction as to how the Charter can /should be amended. He expressed concerns regarding Council stipends (Sections 402 -A, 402 -B and 404), and the deletion of Sections 103 (Continuance of Present Officers and Employees) and 105 (Pending Action and Proceedings). Regarding the proposed new Charter Section 402 (Compensation), he questioned Volume 60 - Page 529 City of Newport Beach City Council Minutes July 10, 2012 whether compensation is a reimbursement for expenses or salaries. He further commented on locations of meetings (Section 407 — Regular Meeting), Section 410 (Quorum. Proceedings), allowing ordinances to be adopted at special meetings (Section 412 — Adoption of Ordinances and Resolutions), changes in contracting (Section 421 — Contracts. Execution), and City Manager Pro Tem (Section 507). Robert Hawkins expressed opposition to the Charter amendments, stating that there was no justification or reason why the Charter should be amended two years after it was updated. He believed this has been done with little thought, and addressed the class n action lawsuit issue (Section 1114 and Sections 421 (Contracts. Execution and 1400 (Definitions) regarding approval of contracts. j! Regarding Charter Sections 421 (Contracts. Execution) and 14001(Defrnitions), City Attorney Harp addressed delegation of authority and clarified what is alreadyallowed in the Charter. Rhonda Brown - Watkins commented on the amount of time that was expended during Charter Update Committee meeting deliberations. She reported attending all the meetings "with the exception of one and stated that she was impressed by the depth an'& extent' -of knowledge of the1Gommittee Members, as well as the time they put into their efforts. 11f Council Member Selich expressed opposition to including a prohibition of red light cameras in the Charter. Regarding Section 709 (Parks, Beaches and- Recreation Commission. Powers and Duties), Council Member Henn stating that the he sees noTea on why Ghe Committee's recommendation should not be accepted and why presenting the budget tm e Park caches aitd7Recreation Commission needs to be mandated in the Charter. Motion by Council Me b r Hill, seco nded-by Council Member Rosansky to approve the recommended actions presented in the 2012 barter Update Committee report for inclusion in a ballot measure for the November 6, 2012 General Municipal Election, but take separate actions relative Charter Sect nO08 (Library Board of�Trustees. Power and Duties), Charter Section 709 (Parks, Beaches and Recreation- ('oiiimission. PA'ers and Duties), and the proposed Charter Section relative to thg:prohihition ofrerd! light cameras :n;'rtlie City of Newport Beach. The mo €ion carried by thi 1.� Ayes:`Council Member C'c,Vncil Member Absent: Council Member Charter Sectoin 708 a ballot measure for call vote: Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Henn n Curry, seconded by Mayor Gardner to leave the current language in of Library Trustees. Powers and Duties) unchanged and not include it in ember 6, 2012 General Municipal Election. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Absent: Council Member Daigle Motion by Council Member Henn, seconded by Council Member Selich to approve the recommended language for Charter Section 709 (Parks, Beaches and Recreation Commission. Power and Duties) as provided in the 2012 Charter Update Committee report for inclusion in a ballot measure for the November 6, 2012 General Municipal Election. Volume 60 - Page 530 City of Newport Beach City Council Minutes July 10, 2012 The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Absent: Council Member Daigle Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to approve the amended proposed Charter Section language relative to the prohibition of red light cameras in the City of Newport Beach for inclusion in a ballot measure for the November 6, 2012 General Municipal Election. i The motion carried by the following roll call vote: �l Ayes: Council Member Hill, Council Member Rosansky, May ro 1Pro Tem Curry, Council Member Henn f•2\ Noes: Mayor Gardner, Council Member Selich Absent: Council Member Daigle In response to City Attorney Harp's question relative to the number of ballIeasure questions that should be presented to the voters, it was the cohs'ensus,of the City Council to bri`n�` only one question forward to the electorate for the November 6, 2012Teneral Municipal Election. City Manager Kiff thanked the public and staff for their articipation. XVIII. MOTION FOR RECONSIDERATION - Ntotiee -' XIX. ADJOURNMENT - 10:53 p.m The agenda for the RegularrWeting was posted`lon July 5, 2012, at 4:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. f,, +z 1 l? J City Clerk Recording Secretary Mayor Volume 60 - Page 531 City of Newport Beach City Council Minutes July 10, 2012 11�tcivi, wtilCri ENDS JUNE 30, 2013. [100 -20121 a) Since the City Council made appointments to the City Arts Commission and other Boards and Commissions at the June 26, 2012 City Council Meeting, waive Council Policy A -2 relative to the procedures for handing unscheduled vacancies; b) appoint a new member to the City Arts Commission to fill the unexpired balance of City Arts Commissioner Robyn Grant's term, which expires on June 30, 2013, from the list of applicants that have an application on file with the City Clerk's Office or any person that submits an application by 1:00 p.m. on Friday, July 20, 2012; and c) make the appointment to the City Arts Commission at the July 24, 2012 City Council meeting. Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (Items 5, 10, 12 and 13); and noting Council Member Henn's abstention on Item 1. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayo" " r P;Pm Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn .Absent: Council Member Daigle � XIII. ITEMS REMOVED FitnM THP. nnntc�+vm nAT c+ Tl.� 5. APPROVAL OF AMENDMENT NO. 6 WITH SCHMITZ & ASSOCIATES FOR [381100 -20121 v Jim Mosher referenced the staff the duties rather than an outsid work and referenced the Calif( rendered. n Amendment No. Malibu, Californ support services, Clerk to execute Ti City Attorney Har for additional and other rules. SERVICES AGREEMENT VG ASSISTANCE (C- 4546). Prrdssed the opinion that staff should be performing He also expressed concerns regarding the quality of ition regarding compensating for services already -- - - -��� ............nemoer nosansky to approve aional Services Agreement with Schmitz & Associates, Inc. of Coastal Commission application preparation, processing and contract cost of $52,825, and authorize the Mayor and the City led that the contractor is not being paid twice for the same services but work. Therefore, there is no violation of the State Constitution or any The motion carried by the following roll call voter amended - -> Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn Absent: Council Member Daigle 10. LIBRARY STAFF RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL OF CITY COUNCIL POLICY MANUAL LIBRARY SERVICES POLICY 1 -2 - USE OF THE NEWPORT BEACH PUBLIC LIBRARY. [100 -20121 Jim Mosher noted that the Council Policy number was incorrect and pointed out that the proposal has been approved by the Board of Library Trustees. He referenced the City Charter and believed that Library Policies are not subject to approval by the City Council or staff. Volume 60 - Page 518 City of Newport Beach City Council Minutes July 10, 2012 AY —lager rill referenced the various City Council Policies regarding the Library and stated that it is appropriate for the City Council to continue to approve them. George Schroeder encouraged Council to approve the item. Dan Purcell commented on Board of Library Trustees meetings and expressed concern that the Central Library lacks adequate bicycle racks. Motion b Council Member Curr seconded by Council Member Rosansky to approve revisions to Council Policy I -2, as approved by the Board of Library Trustees at their December 5, 2011 Board Meeting, and by the City Attorney's Office on December 22, 2011. The motion carried by the following roll call vote: Amended - -> Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn Absent: Council Member Daigle 12. VISIT NEWPORT BEACH, INC. (VNB) (C -5177) AIITD N�RT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID)NUAL�REYORTS. [38%100 -20Y2J City Manager Kiff introduced the item and defersed_to 7( y Sh /7 ��w (VNB). in of Visit Newport Beach, Inc. /�`\ \\ Gary Sherwin, VNB, provided an upda? \on�th` in�istry noting it is doing very well. He acknowledged and introduced Members of the %Xx cvve Committee and volunteers. He utilized a PowerPoint Presentation which detai'lad_ the -fizc l year hotel performance, VNB's brand promise, and the police hospitality trai `ngNPrroogr m In addition, he announced that the Bowl Championship Series will be hoed by the City of Newport Beach in January 201.4 and noted the event's related economic in pacts'�He dressed the Newport Beach Tourism $usiness Improvement District (TBL ), gr p om:%night bookings, TBIll return on investment, Transient Occupancy Tax (TOT) bud `the`2({iZ -13 organizational priorities, publications produced by VNB, gthe new kiosl �tor,es online initiative, mobile applications, various advertisement strategies, and address d u;a \jing goals and plan. Council Member -en co ended Mr. Sherwin and addressed the organization's broadening of its mission as a coplur).unity marketing organization, as opposed to a visitor bureau approach. He suggested includinlg�'Te results of the performance measures in next year's presentation, as well as prior year's comparisons on budget numbers. Mayor Pro Tem Curry congratulated Mr. Sherwin on the success of the organization and commented on the importance of the efforts of the organization. Council Member Hill expressed his appreciation to the Board for the work performed. Jim Mosher thanked City Manager Kiff for improving the contract with VNB to require reporting and transparency, and reminded the VNB Board of their requirements to file other reports. He commented on the reported decrease in the number of visitors to the City in previous years and their plan to fund its annual meeting. He addressed Brown Act compliance issues regarding TBID meetings. Tom Johnson, Chairman of the Board for VNB, clarified the amount that is budgeted for VNB's annual dinner, noting that it is a one -time per year meeting where the entire community is engaged to review plans for VNB. He noted that there is no obligation for the public to attend their meetings, but that they are allowed, and stated that the organization strives for all the transparency it can. Motion by Council Member Hill seconded by Council Member Henn to a) approve the Volume 60 - Page 519