HomeMy WebLinkAbout01 - Minutes - 09-25-2012'10v "w,a VS 1'a wee
City Council Minutes
City Council Study Session - 4:00 p.m.
September 25, 2012 — 4:00 p.m:
STUDY SESSION
I. ROLL CALL - 4:00 p.m.
s
Present: Council Member Hill, Council Member Rosansky, Mayor` -Pro Tem Curry, Mayor
Gardner, Council Member Selich, Council-Member Henn, Council Member Daigle
Council Member Rosansky arrived at 4:0,9 p.m.
Council Member Daigle arrived at 4:06 P.M.-
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE +CONSENT CALENDAR - None
2. EXECUTIVE AND ADMINISTRATIVE SALARY STRUCTURE.
Deputy City =ManagerlHuman Resources Director Cassidy presented a PowerPoint that
addressed the need for a city -wide study, comparison of salaries, and compliance with
new PERS `regulations. She reported I that the intent is to implement an evaluation
system that is objecii %e( provides consistency, market competitiveness, and a simplified
process .;She addressed the "total compensation philosophy adopted by Council, listed the
agencies used'in the: course of the' ' study, reported partnering with consultants, Fox,
Lawson and Associate's.'to do the study explaining that they have a proprietary method
called, Decision Band Methodology, and deferred to the consultant for further reporting.
.Bruce Lawson, Fox, Lawson and Associates, presented details of their methodology,
stated that the substance of each job will be observed, noted that pay structures have
changed dramatically over the last twenty years, reported that they are working on the
premise. that the' City would like to be in the middle of the market relative to
compensad on, and addressed decision bands. He reported that each job is considered
relative to the level of work, accountability for others, complexity of work, and skills
required. He'addressed preliminary ratings for executive positions, rankings, trend
information, consistencies with the market, increasing PERS costs, differing
supplemental benefits, short and long -term incentives, plan designs, base pay, and
contingent pay alternative options. He reported that results of the study will be provided
to Council within the next few weeks.
In response to Council Member Henn's question, Mr. Lawson reported that in the past,
city governments aimed at being in the 50th percentile of the market but now there is a
trend towards flexibility in looking at the overall structure, stated that the intent is to
pay between the 2nd and 3rd quartile to allow for flexibility, noted that most
organizations try to treat all bands equally relative to their defined market, and
Volume 60 - Page 590
City of Newport Beach
City Council Study Session.
September 25, 2012
addressed challenges with percentile relationships in data.
Council Member Henn noted the need to maintain flexibility to hire and stated that the
issue of incentive is a very important component that would allow the City to have a base
that is not subject to criticism but is at a level, that will retain high - performing people.
He also stated that if the aim is to have a smaller, smarter, faster organization, it
generally means a flatter organization with broader spans of control, wherein it is
important to have higher - performing people at the higher end.of the span.
3. RESPONSE TO ORANGE COUNTY GRAND JURY - FIRE/EMS.
City Manager Kiff introduced the item noting that it is,a, Consent Calendar item on the
regular meeting agenda and is being presented hereinio expand on the matter, reported
that the Grand Jury report studied a County -wide perspective on the delivery of fire
suppression and emergency medical services, stated that generally there is agreement
with the report but when responding; there are limitations as forwhat can be said, and
deferred to Fire Chief Poster for a report.
Fire Chief Poster presented a PowerPOint that addressed what the report was about,
what is required of the City, the repoit`sJcontent, the City's response to the three
findings /conclusions, and the City's response'to.the recommendations.
Council Member Henn noted that the City is readyao embrace the right kind of change in
terms of how the emergency response :model is organized within the City.
Fire Chief Poster noted that the framework ofahe response impacts the City in what it
wants to say and, do; but discussion has ensued- regarding changes, increasing
efficiencies, and determining a better way to operate.
Council Member Henn encouraged Fiie, Chief Poster to work as hard and fast as possible
to analyze how the City's response for fire and emergency medical services are organized
and be open to significant-change while .avoiding the sacrifice of the high level of services
provided,to,resid6n,6' -
Council Member :Daigleacknowledged the time constraints in connection to the required
responses, addressed the'sustainability plan relative to consideration of contractors, and
wondered why other services such as lifeguards have been immune from being
evaluated.
City Manager Kiff stated that the concept of including additional language involving
contracting would /be appropriate to include in response to Finding 3, expressed concern
with mentioning other City services in the response, and recommended that the
statement to,tlie'Grand Jury be general in nature rather than specific.
Mayor Gardner noted that the response provided is not simply a reaction to the Grand
Jury report; it has been previously discussed due to the evolution of fire services.
Jim Mosher believed that the response to Recommendation RI will not be implemented
because it is not reasonable, stated that Recommendation R2 states that it has not been
implemented but may be considered in the future, and suggested that wording for
Recommendation Rl match that of Recommendation R2.
III. PUBLIC COMMENTS
Volume 60 - Page 591
City of Newport Beach
City Council Study Session
September 25, 2012
Jim Mosher commented on Item E of the Closed Session agenda, believed that all meetings of
Council should be open to the public, addressed the need for openness and transparency,
commented on the coining election regarding the City Charter update, and addressed a
presentation on the regular agenda relative to Measure M stating that the government may not
take sides in election contests.
IV. ADJOURNMENT - 4:56 p.m.
The agenda for the Study Session was posted on September;20, 2012, at 4:45 p.m. on
the City Hall Bulletin Board located outside of the, -City of Newport Beach
Administration Building.
Recording Secretary
,Mayor
Volume 60 - Page 592
City Council Minutes
Regular Meeting - 7:00 p.m.
September 25, 2012 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION -After Study Session -Council Chambers,Vdnference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS ,, (Government Code §
54956.8): 1 matter
Property: 1499 Monrovia Ave., Newport Boach, CA
Agency negotiators: Dave Kiff and Steve, osansky
Negotiating parties: Kenneth Kaplan
Under negotiation: Instruction to negotiator will concern price and terms of
payment
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code
§ 54956.9(a)): 1 matter -
1. Janice Coia, o:'City of Newport Beach, Orange County Superior Court Case No. 30-
2012- 00542408
C. CONFERENCE WITH, :LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): 1 matter
There is a significant ,exposure to litigation with Kenneth Kaplan based on his
allegations of inverse condemnation related to the real property located at 1499 Monrovia
Ave., Newport Beach, California (Section 54956.9(b)(3)(B)).
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Heading Agency' Designated Representatives: Dave Kiff, City Manager and Terri
Cassidy, Deputy City Manager /Human Resources Director; Negotiators
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport
Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA);
Newport Beach Fire Management Association (NBFMA); Lifeguard Management
Association (NBLIVIA); Newport Beach Part Time Unit (UPEC, Local 777); Newport
Beach Police Association (NBPA); Newport Beach Police Management Association
(NBPMA); Newport Beach Professional and Technical Association (NBPTEA)
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957)
Volume 60 - Page 593
City of Newport Beach
City Council Minutes
September 25, 2012
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem, Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable
actions.
VII. PLEDGE OF ALLEGIANCE - Council Member Hill
VIII. INVOCATION - Mr. Frank Carpenter
DX. PRESENTATIONS
Library check from the Newport Beaeh Public Library Foundation - Library Services
Director Cowell provided a list of items and ervices that the `check from the Foundation will fund
and invited Foundation Director Tracy Keys` to address, Council4 oundation Director Keys presented
a check in the amount of $220,000.
Coast Colleges' Chancellor, Dr. Andrew Jones,-and Publ a,Affairs Director, Dr. Martha
Parham - to speak about -their 'upcoming bond measure on the November 2012 ballot - Dr.
Martha Partham reported' that Dr. Jones was unable to attend and introduced Dr. Dennis Harkins
who was present. She noted that she is not asking for endorsements but rather simply wants to
provide information, acknowledged . the attendance of Trustee Dave Grant who represents Newport
Beach, addressed increased costs of higher education noting -that local students are relying more on
community, colleges^ tkan'have`in, the past, presented a brief history of the college, addressed job
training and workforce preparation, noting that community college trains nearly 80% of first
responders in the state and nationally; noted problems in the economy, and stated that community
college§ can, no longer rely on, Sacramento to adequately fund local colleges. She reported that the
Coast College,Board has apprWed a Bond Measure for the November ballot and if it passes, it will
provide for up "grades to technology, support for active and returning veterans, and repair and
upgrade of aging";elassrooms. Dr. Dennis Harkins, President of Coast College, reported that the
Measure supports`tbe college district's strategic plan and will set the college up for the next
century. He expressed his appreciation to Council and the City and hoped for its continued support.
Proclamation to Esther Lofgren for earning a gold medal at the London Olympics - Mayor
Gardner presented a proclamation to Esther Lofgren for earning a gold medal at the 2012
U.S. Olympics in rowing. Ms. Lofgren expressed her appreciation, stated that it was an honor to
represent the Country and the City of Newport Beach, and presented the City with a signed
photograph of the team's boat.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-
Volume 60 - Page 594
City of Newport Beach
City Council Minutes
September 25, 2012
DISCUSSION ITEM)
Mayor Pro Tem Curry reported on his recent participation in a press conference with Dean O'Malley
who will attempt to set the world cross -water record by crossing from Newport Beach to Avalon using
a jet pack and wished Mr. O'Malley success in his attempt. In addition, he reported representing the
City at the recent California League of Cities Conference in San Diego where he was formerly
installed as President of the Orange County Division of League of Cities and reported on various
workshops including pension reform, labor relations, and budgets. He- congratulated the Newport
Beach Chamber of Commerce for their success with the recent Taste of Newport.
Council Member Daigle reported that community members and bicycle safety advocates have
requested a memorial ride in the City where she will act as lead for Council on the ride, reported that
the tide will take place on Sunday, October 30, 2012, at 8:00 amn .: atating that the location is to be
determined, indicated that there will be a fundraising component do the ride for bicycle safety
improvements, noted the need to create awareness through cignage and ruarldngs, commended Mayor
Gardner for forming the Bicycle Safety Committee which .has been evaluating various improvements
to be implemented, addressed related items to be considered "at the OctobW , 2012, City Council
meeting regarding improvements for increased bicycle safety;: She announced that, she attended the
Miocean annual event and reported that they are in}tbe process of installing. boon technology in the
City of Huntington Beach to sweep debris in the flood channel.
Council Member Henn announced that the Balboa Theater :Foundation will be sponsoring a Beach
Fast at Peninsula Park on Saturday, October- -13, 2012. In` addition, he reported that he will be
receiving the Golden Hub of Innovation award on- behalf of the Clty, on October 2, 2012, and expressed
appreciation to the Police Department, Parks and Recreation staff, and residents for their progress in
increasing public safety related to the Fourth of July event'.on:the_Peninsula.
Mayor Gardner announced that the West Newpoi;t, Beach Association City Council Candidate's Forum
scheduled for September- 26, 2012; has been cancelled; however their regular meeting will still be
conducted at 6:30 p.m. She addressed bicycle safely improvements that will be implemented almost
immediately, reported that staff us expediting the ,Council- approved sharrows program, noted that
there will be a series of columns in the'Dadv Pilot orr ±bicycle safety, indicated that the Recreation and
Senior Services- DepaAment has +been contacting licensed bike safety instructors about incorporating
classes into the City's reciieational ,program, and announced a "Paddle with the Mayor" event on
October 1S, 2012, out of China Cove` _
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1'
1. MINUTES, FOR .THE SEPTEMBER 11, 2012 STUDY SESSION AND REGULAR
MEETING.'Wave reading of subject minutes, approve as written and order filed.
r/
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. ORDINANCE FOR INTRODUCTION
C. RESOLUTIONS FOR ADOPTION
Volume 60 - Page 596
City of Newport Beach
City Council Minutes
September 25, 2012
4. PREVAILING WAGE EXEMPTION. Continue the item to the October 9, 2012,
meeting.
5. RESOLUTION SUPPORTING A GRANT APPLICATION TO THE DEPARTMENT
OF BOATING AND WATERWAYS FOR VESSEL PUMPOUT REPLACEMENT.
Adopt Resolution No. 2012.82, authorizing and supporting submittal of an application to
the Department of Boating and Waterways for grant funds for the Replacement of the
Vessel Pumpouts.
D. CONTRACTS AND AGREEMENTS
6. JAMBOREE ROAD IMPROVEMENTS - BR_ISTOL STREET NORTH TO
FAIRCHILD ROAD - AWARD OF CONTRACT`NO. 4073. a) Approve the project
plans and specifications; b) award Contract No. 4071 to GMC Engineering, Inc., for the
total bid price of $1,489,907.50, and authorize Ae Mayor and t$e; City Clerk to execute
the contract; and c) establish a contingency of $149,000 (10 %) t6, cover the cost of
unforeseen work
7. JAMBOREE ROAD IMPROVEMENTS,', - MACARTHUR .BOULEVARD TO
CAMPUS DRIVE - APPROVAL OF A COOPERATIVE AGREEMENT WITH THE
CITY OF IRVINE. Approve a'Cooperative Agreement with the City of Irvine for the
Jamboree Road Improvements (MacArthur Boulevard -to Campus Drive) project.
8. ACQUISITION OF RULE 20A CREDITS FROM THE'CITY OF GARDEN GROVE.
a) Authorize the City Manager toexecute- fhe.Membrandum of Understanding (MOU)
between the City of Newport Beach and='City of Garden Grove documenting details of
transaction forAhe acquisition of rule`20A Credits; and b) authorize staff to process the
$1,847,982.00 "in Rule 20A credit transfer between the City of Newport Beach and City of
Garden Gro4with SGE for a cash cost Of $831,591.90 to the City.
9. CONTRACT WITH' FORMER-CITY-Ei IPLOYEE, RANDALL PARKER. Authorize
,the -City Manager to execute a Temporary Employment Agreement (TEA) with a former
employee, Randait.Parl er? to temporarily fill the position of the Court Liaison Officer.
E. MISCELLANEOUS
10. PLANNING COMMISSION AGENDA REPORT FOR SEPTEMBER 20, 2012.
Receive,and file.
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH
PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE
LIBRARY S FISCAL YEAR 2012/2013 MAINTENANCE AND OPERATION
BUDGET. Approve Budget Amendment No. 13BA -013 to increase revenue estimates by
$220,000 in Account 4090 -5893 (Library Foundation Donations) and to increase
expenditure estimates by the same amount in Division 4090 (Library Foundation
Donations) and Division 4060 (Literacy Services).
13. ACCEPTANCE OF 2012/2013 STATE OF CALIFORNIA, OFFICE OF TRAFFIC
SAFETY, DUI ENFORCEMENT AND AWARENESS PROGRAM GRANTS
#PT1302 AND #SC13284. a) Authorize the City Council to accept a $110,000 "Selective
Volume 60 - Page 596
City of Newport Beach
City Council Minutes
September 25, 2012
Traffic Enforcement Program" (STEP) award granted to the Newport Beach Police
Department by the OTS per Council Policies F -3 and F -25. Therefore, to comply with
Council Policy F -3, City Council must formally accept the award of $110,000 and create a
new appropriation to expend the money; b) approve Budget Amendment No. 13BA -012
increasing Police revenue estimates and expenditure appropriations by $110,000; c)
authorize the City Council to accept a $75,000 "Sobriety Checkpoint Grant Program"
award granted to the Newport Beach Police Department by the OTS per Council Policies
F -3 and F -25. Therefore, to comply with Council Policy F -3, City Council must formally
accept the award of $75,000 and create a new appropriation to expend the money; and d)
approve Budget Amendment No. 13BA -012 increasing Police' revenue estimates and
expenditure appropriation by $75,000.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to approve the
Consent Calendar, except for items removed (3 and 12). `.
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;,Council'Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR.
3. PROPOSED AMENDMENT OF,
REPEALING SECTION 9.04.060 OF
ADOPTING A NEW SECTION 9.0,
SECTION 610 BREATHING AIR R]
Ordinance No. 2012-21-,-titled ?AN
CITY OF NEWPORT BEACH REI
BEACH MUNICIPAL CODE AND A
CHAPTER 9.04;`,TO REMOVE SE,
SYSTEMS (BARS),"
NEWPORT- BEACH MUNICIPAL CODE,
JEWPORT BEACH MUNICIPAL CODE AND
W, TITLE 9, CHAPTER 9.04, TO REMOVE
FISHMENT,SYSTEMS (BARS). a) Introduce
NANCE OF,'PHE CITY COUNCIL OF THE
�G SECTION 9.04.060 OF THE NEWPORT
ING A NEW SECTION 9.04.060 OF TITLE 9,
610 BREATHING AIR REPLENISHMENT
Jim Mosher 'commented on modifications', to the City's Fire Code referencing Section
307.411 and Ordinance 2009 -23 regarding the operation of beach fire rings, expressed concern
that the ordinance was' never ` re,yiewed by the Fire Department, and stated that when the new
1010,Fire Code was issued, and stated that he believe that the Fire Department was unaware
of the new regulations regarding fine rings because Section 307.4.2.1 is not currently in the new
Fire Code.
Motion by,. +Mayor Pro Tem Curry, seconded by Council Member Rosanskv to a)
Introduce Ordinance N6'2012-21, titled AN ORDINANCE OF THE CITY COUNCIL OF THE
'CITY OF NEWPORT. BEACH REPEALING SECTION 9.04.060 OF THE NEWPORT BEACH
MUNICIPAL CODE -AND ADOPTING A NEW SECTION 9.04.060 OF TITLE 9, CHAPTER
9.04, TO REMOVE SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS),
and pass to second reading on October 9, 2012; and b) find that Ordinance No. 2012 -21 is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)
and 15060(c)(3) of the CEQ,A Guidelines, California Code Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
The motion carried by the following roll call vote:
Volume 60 - Page 597
City of Newport Beach
City Council Minutes
September 25, 2012
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
12. RESPONSE TO THE ORANGE COUNT' GRAND JURY -'EMERGENCY MEDICAL
RESPONSE IN ORANGE COUNTY." Authorize the Mayor to send a response to the
Presiding Judge of the Superior Court.
Council Member Daigle reported that the aforementioned matter was discussed during the
Study Session meeting; noted that as follow up, the City Manager has drafted language to
include in the responses from the City to the Orange County Grand. Jury regarding contracting
out for certain services; and deferred to staff for further information:
City Manager Kiff referenced a red -line version distributed ;finder separate cover that outlines
the revised language to include in the response and reported'• =chat Fire Chief Poster also
reviewed the proposed language.
Motion by Council Member Hill, seconded bv' "Council Member Daiele to authorize the
Mayor to send a response to the Presiding Judge.of the Superior Court.
The motion carried by the following roll call vuiiei -
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XIV. PUBLIC COMMENTS
Dan Purcell commented on mobility infrastructure, prese.nted-information on the BART system in the
City of San Francisco as well-as the cable car, addressed a mobility accountability /action plan,
presented examples of names for ?bicycle routes, suggested an elevated pedestrian bike path and
possible routes, and encouraged Council to consider, attempting to increase bicycle safety in the City.
John Christianson urged Council to elevate the priority of safe cycling in the City, noted that there are
thousands of cyclists -in the Cit , /and adddressed receiit fatal bicycle - related accidents.
Denise Oberman commented on the,proposed amendments to the City Charter, expressed concern
regarding prohibiting class- action - lawsuits against the City stating that the proposal is
unconstitutional and will lrk4, be legally challenged, took issue with Council's opinion regarding
thwarting` residents' efforts to "shake down" the City stating that constituents can address any of their
concerns through the administrative process, believed that the administrative process is ill- defined
adding that the�Gity's decisions are made with disregard to public input and interest, noted dire
consequences wherrtthe City ''makes decisions that are outside of the public eye, and encouraged
Council to consider whv,litigation is at an all -time high.
George Schroeder announced that the next meeting of "Speak Up Newport" will be held on October 10,
2012, 5:30 p.m. at the Newport Beach Yacht Club where the topic will be "Bicycling in Newport Beach,
what you need to know" and encouraged the public to attend.
Council Member Daigle provided clarification regarding Ms. Oberman's comments noting that the
City has funds for improved safety but residents also asked for the opportunity to raise money.
Ron Hendrickson addressed the proposed Charter amendments, presented suggestions to change the
City's website to make it easier for the public to obtain information on the municipal election,
specifically the Charter amendments, and believed that it is unfair to the public to consider all thirty -
eight proposed amendments to the Charter with one yes /no vote as well as the last - minute addition to
Volume 60 - Page 598
City of Newport Beach
City Council Minutes
September 25, 2012
the amendments regarding prohibition of red -light cameras which was not considered by the Charter
Update Committee nor discussed by Council.
Novelle Hendrickson commented on the Charter update, proceedings, and actions by the Charter
Update Committee. She hoped that additional information can be distributed on the matter and
urged the public to vote "no".
Laura Curran addressed the proposed Charter amendments and believed that the red -light issue
should be removed from the proposed amendments.
Frank Peters, Member of the Bicycle Safety Committee, commended Council and Mayor Gardner for
the willingness to move sharrows up to an early implementation, addressed the Bicycle Safety Fund
stating that he would like to donate $10,000 to start off the fund -, commented on the upcoming
memorial ride as a tremendous opportunity to bring the communiti %together, stated that the Bicycle
Safety Committee is committed to address the hard issues regarding thematter, and encouraged the
public to attend the next meeting of the Bicycle Safety Committee on Monday, October 1, 2012 at the
Central Library.
Michael Alti, Member of the Bicycle Safety Committee, thanked Council fort its leadership in
establishing the Bicycle Safety Committee and recently approving the implementation of sharrows.
He addressed the recent bicycle - related fatalities; „' 'challenges including infrastructure changes,
slowing down the speed of drivers, and increasing saety awareness. He stressed the importance of
respect and suggested an innovative design for the sharrrows to make the statement that Newport
Beach is a bike - friendly city.
Kimberly Nunns discussed bullying in school particularly as ii,,relates to reporting questionable
behavior by teachers and students, encouraged a safer,.fransparenlcommunity for everyone, and
asked for participation from Council to help make schools safe for`everyone.
Robert Hawkins addressed the prohibition of clags- action lawsuits included in the proposed Charter
amendments, referenced'a New York case where a similar issue was declared unconstitutional by the
U.S. Supreme Court; stated that a case relied upon by the Charter Update Committee is not
applicable to this sort of prohibition, and, encouraged. ,residents to vote "no” on Measure EE.
Mayor Pro Tern Curry addressed the strategy to protect the City and tax payers against exposure to
"shake -down" lawsuits within the,City's Fiscal Sustainability Plan, asked City Attorney Harp to
comment on this item as torwhether`-he believes that the subject amendment is an appropriate
prohibition..to protect tax payers.
City Attorney Harp affirmed that he believes that the amendment is an appropriate prohibition to
protect tax payers . added that; some lawyers band together and come up with artificial claims to
generate their own attorney fees, and reiterated that the item is appropriate.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported on a recent meeting of the Citizens Aviation Committee at the
Central Library, addressed the next steps for the FAA and Tracon, reported that the Committee is
looking into retaining a consultant for input, and noted that the item will be before Council at a future
meeting.
Council Member Henn reported on a recent meeting of the Neighborhood Revitalization Committee
wherein recommendations were finalized. on the Balboa Village Citizens Advisory Panel
recommendations and approval of a draft citizen survey regarding a residential parking permit
program was approved, and noted that the matter will be discussed later during the meeting.
Volume 60 - Page 599
City of Newport Beach
City Council Minutes
September 25, 2012
Council Member Selich addressed consideration by the Building Ad Hoc Committee of the renaming of
Avocado Street to Civic Center Drive, stated that they reviewed the issue and found that it would
create numerous problems and inconveniences to businesses located on Avocado, added that they
developed a recommendation to rename Farallon between Newport Center Drive and Avocado Avenue
to Civic Center Drive, and listed advantages of the recommendation.
City Manager Kiff reported that the City has a process whereby Council would authorize the
renaming of the street which may include review by the Planning Commission and stated that the
matter will be considered by Council at a future meeting.
XVI. PUBLIC HEARINGS
14. VACATION OF EXISTING SEWER EASEMENTS AT.300'•,WEST COAST HIGHWAY,
303 KINGS ROAD, 100 KINGS PLACE AND 104 KINGS PLACE',,
Public Works Director Webb presented details of the report addressing the availability
of easements due to the development of Mariner's Poini-and presented recommendations as
stated in the report. '
Hearing no testimony, Mayor Gardner closed:the public hearing.
Motion by Council Member Rosanskv. seconded -,by Council Member Hill to a) adopt
Resolution No. 2012 -83 ordering the vacation of existing,sewer easements; b) direct staff to
process the vacation of said easements; an`d,c),and direct thb�',City Clerk to have the Resolution
and easement documents recorded by the Orange-County Reco'rd'er.
The motion carried by the. - following roll call vote;
Ayes: Council i4lember Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
s•
15. BALBOA VILLAGE IMPLEMENTATION PLAN (PA2011 -224) - BALBOA PENINSULA
BETWEEN -7TH STREET AND A STREET INCLUDING BALBOA VILLAGE.
Senior Planner Campbell presented a PowerPoint that included details of the plan, the Citizens
Advisory Panels (CAP) meetings; Harbor and Planning Commissions reviews, the Balboa
Village Revitalization Area, key issues, opportunities, results of market analysis, brand vision
and promise, the Balboa' Village Fun Zone, way- finding and monument signage, economic
development. recommendations, planning and zoning for the area, public infrastructure,
streetscapes,,administrat'ion of the plan, and the next steps.
Council Member Henn';ieported that this issue has been a priority for him, indicated that the
recommendations pTesented were generated by a citizen - driven committee with staffs support,
expressed his appreciation to fellow Council Members who helped, and stated that he is anxious
for the process to go forward.
In response to Council Member Daigle's question, Senior Planner Campbell reported that the
implementation plan includes a recommendation to discuss the possible implementation of an
RV parking area during off -peak seasons to increase attendance and as a revenue source.
Mayor Gardner believed that the description of "Balboa Fun Zone" conflicts with the
established vision and expressed concerns with the funds needed for the recommended actions.
Mayor Gardner opened the public hearing.
Volume 60 - Page 600
City of Newport Beach
City Council Minutes
September 25, 2012
George Milutinovich addressed Council stating that the recommendations sound
wonderful, expressed opposition to the RV parking during off - season, expressed concern that
the Balboa area will turn into a giant parking lot, urged Council to eliminate the option of long-
term RV parking from the implementation plan, listed related issues and challenges, referenced
the City smoking ordinance, and reported that there is a tobacco business in existence that
violates the ordinance.
Lori Morris stated that she' agrees with the Mayor's comments, expressed opposition to the
recommendations, commented on the lack of cohesiveness in the CAP meetings, and expressed
opposition to the plan.
Don Beatty addressed the parking management plan, stated that he is in favor of a parking
permit pilot program only in the summer season, indicated that`.he has not been affected by
commercial parking but with the summer beach parking, addresse&the proposed boundaries of
the parking district stating that it should not include' -Bay Island, and believed that the parking
permit program should be removed from the implementation plan indicating that it should be
dealt with separately.
Howard Hall commented on the history of the.prea including installation of parking meters
which resulted in loss of businesses, indicated opp' ogition to the name "Fun Zone." and creation
of the parking permit district noting that most people are not affected by commercial parking in
the area, and recommended removing parking meters and creating a two -hour parking limit on
street parking between Adams and Main Streets to reduce the parking permit district in the
residential area between Adams Street and Ivredina,Way.
Tom Pollock, ExplorOcean, expressed support of the impleuentation plan and submitted a new
parking requirements r6port,for ExplorOcean developed by a consultant, for staff and Council's
review.
Denise Oberman commended Council Member Henn and others that have worked on this issue
expressing the need for "change- to-drive improvements, stated that a successful plan will create
• mix of commercial and i e;identia'l and.protecf the integrity of residential areas, believed that
• residential "parking component makes- -sense and should be expanded to other areas,
acknowledged that the revitalization will be challenging and will take commitment from the
City, addressed the need to manage the level of transiency currently existing in the area, and
requested not moving forward with the proposal of RV parking.
Jim Mosher stated that he does not support the implementation plan, addressed the incentive
program, expressed confusion as to the action to be taken by Council, commented on the Balboa
Village Advisory Committee and the Parking District Governing Board as well as the idea of
additional fundng.to the BID, addressed the proposed residential parking survey, and believed
that there should be ta'section to allow residents to comment on what they feel strongly about.
Jim Stratton expressed support for the revitalization plan, stated that he looks forward to the
results of the proposed parking survey, noted that it has been a resident- driven plan that has
been worked on for almost two years, presented signed petitions of area residents who have
indicated a desire to have some sort of permit parking, and indicated that he looks forward to
the proposed changes.
Paula Curran expressed opposition to the proposed RV parking, believed that it will drive
people away, and encouraged Council to vote against the matter.
Jim Petrilli expressed opposition to the proposed RV parking, referenced an article regarding a
Volume 60 - Page 601
City of Newport Beach
City Council. Minutes
September 25, 2012
similar matter in another city which negatively impacted the area, believed that having this in
the plan will cause a disclosure to potential buyers or renters, agreed with other plans to
revitalize the area, opposed RV parking, and asked Council to exclude the issue from the plan.
Unknown speaker opposed the proposed RV parking and believed that residents should have a
say in the matter.
Robert Hawkins reported that the specifics of the parking recommendations are unclear,
believed that the elimination of commercial parking requirements and intensification are
extremely problematic, stated that he shares the Mayor's concerns' regarding the incentive
program, and encouraged Council to rethink the matter.
Shelly Petrilli expressed opposition to the RV parking planstated that Venice Beach is now
called a "slum beach" because of the RV parking allowed'theref'and noted that the City of
Huntington Beach has RV parking but that there are no'residences near the area.
W.R. Dilding noted an area where there are. - Several residential units with no parking,
expressed concerns regarding availability of parking, aiid' hoped somethingean be done on the
matter.
Hearing no further testimony, Mayor Gardner ,closed the public hearing.
Council Member Henn stated that every, initiative included ded in the plan is subject to further
vetting, review, and approval, in a pul licsetting, before it will go forward. He stated that it is
subject to a lot more scrutiny, acknowledged that the Balboa Village area is in an advanced set
of decline and that to promote change requires a broad- based; .comprehensive plan. He noted
that there was a lot of public input along the wav:statirig 'that.the people involved in the process
believed that this was a -good plan going forward, addressed the differences between the subject
area and other areas within the City noting• that the Village generates millions of dollars in
parking revenue which has gone towards helping other needs within the City, believed that the
plan is a self - funded plan by Balboa Village;, addressed the issue of the "Balboa Village Fun
Zone" noting that it' was "'developed after. a research -based survey that will help with
identification of the area,,addressed he streetscape, noted the need for an integrated approach,
stated that the additional,, streetscape' will further enhance a sense of place for the
;-
Balboa Village, noted,'the need to have a strategy related to BID support to improve the
commercial viability o£4he area as well as to understand the plan for ExplorOcean, addressed
thc` parking permit plan' 'survey, and believed that the plan, taken as a whole, is a good plan,
understanding that each piece will receive additional consideration.
Mayor Gardner stated that there are too many elements that need much further discussion
before it is approved.
Council Member Rosansky commented on the matter, noted that there are other areas in the
City that have parking problems, indicated that he is not in favor of parking permits, addressed
the recommended moniker, suggested differentiating Balboa Village with the Balboa Peninsula
Fun Zone, and stated agreement with Mayor Gardner's comments.
Council Member Hill believed that the word "implementation" is in conflict with the intentions
and suggested calling it a "master" plan, agreed with the creation of a Balboa Village Advisory
Committee and the parking permit survey, and believed that the RV parking element is not
appropriate.
Mayor Pro Tem Curry agreed with removing the issue of RV parking from the plan and believed
that the City needs to invest in the neighborhood to revitalize the community and keep it strong
Volume 60 - Page 602
City of Newport Beach
City Council Minutes
September 25, 2012
and vibrant.
Council Member Daigle agreed with removing the issue of RV parking from the plan, believed
that zoning -based changes are good, expressed concerns with the recommendations, and stated
the need to be consistent in other areas of the City.
Council Member Selich acknowledged that there is a lot more work to be done on this issue, and
believed that it is important to move forward and allow the proposed Balboa Village Advisory
Committee to consider the various elements.
attached Resolution No. 2012 -84 approving the Balboa V
with the recommendations of the Neighborhood Revitali:
action is exempt from the California Environmental Qua
15262 (Feasibility and Planning Studies) of the .C]
Regulations, Title 14, Chapter 3; b) adopt attached Reso:
Village Advisory Committee; c) confirm the Mayor's'app(
one additional Council Member to the Balboa Village A
the City Clerk to post and publish a Request for Appl
Residential Parking Survey and authorize staif'tu c6nduc
The motion carried by the following roll call vote
until Member Henn to a) adopt
lage,linplementation Plan consistent
ition Committee and finding that the
ity Act,(_'CEQA ") pursuant to Section
�A Guidelines, California Code of
tion No. 201`2;85 creating the Balboa
ntment of Council,Member Henn and
iisory Committee C'.13VAC "); d) direct
cations for the BVAC; and e) review
survey.
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Council Member
Selich, Council Member Henn '
Noes: Mayor Gardner, Council Member Daigle
This item was further discussed during Motion for Reconsideration.
16. ANNUAL MONITORING'; REVIEW O,F.' DEVELOPMENT AGREEMENT NO. 14:
NEWPORT COAST (PA2011 -030).
Community Deyelopment;Director Brandt reported that annual agreement is reviewedin
October, . Addresser: 'findings,accordmg`to,tho,,last review of the item by Council, discussed a
detail ed "compliance reported conducted by staff, and provided recommendations.
Hearing no testimony, ,Mayor Gardner closed the public hearing.
Approve motion by Mayor Pro Tem Curry, seconded by Council Member Henn to find
that the applicant has demonstrated good faith compliance with the terms of the Development
Agreement `aid receive: "and file an annual report of the Annexation and Development
Agreement.
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, Council Member Daigle
17. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR 2011 -2012,
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER).
Community Development Director Brandt reported that the item is an annual report required
to comply with HUD funding.
Volume 60 - Page 603
City of Newport Beach
City Council Minutes
September 25, 2012
Hearing no testimony, Mayor Gardner closed the public hearing.
Motion by Mayor. Pro Tern Curry, seconded by Council Member Rosansky to approve
the Program Year 2011 -2012 CAPER and direct the City Manager or his designee to submit the
Program Year 2011 -2012 CAPER to HUD.
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, Council Member Daigle
XVII. CURRENT BUSINESS
18. MODEL LEASE TEMPLATE FOR COMMERCIAL MARINA AND MARINA INDEX.
Mayor Gardner indicated that there has been a request to continue the - aforementioned item.
Council Member Henn indicated that he would.like to receive public comment on the issue.
In response to Council Member Rosansky's question, City Manager Kiff reported that he
received general and specific comments from the public regarding marinas.
r,
Jerry Conrad stated that the lease program is a major deterrent to investing money in Lido
Village and in the surrounding area.
Marshall Duffield expressed opposition to the model lease template, stated that it is designed to
protect a City that owns the infrastructure, believed that the restrictions and demands are not
needed since owners have-been doing it for years, reported that he leases a marina and dock
space, and believed that the'matter is too c�nsplicated.
Council Member Hill rioted that the item doesn't apply to Mr. Duffield's operation but rather to
the major marinas in the Harbor.
Tom Purcell, Lido-Anchorage, believed that the proposed lease is too complicated and complex,
hoped that the issues,,can re`solved', stated that the City is imposing operational requirements
on lhow to run private b[isinessesyby restricting assignments of private lands next to the water
and, requiring owners to•quick claim the docks and improvements installed at the end of the
lease; addressed economic concerns and the City's failure to properly value water parcels, spoke
against forced government, encouraged cooperation and the need to look at the Coastal Land
Use Plan, addressed unintended consequences, and suggested holding a separate study session
to develop a workable plan.
John Vallely expressed opposition to the matter noting that private appraisals have been
disregarded and addressed various areas of concern.
Jim Parker expressed opposition to the draft lease, believed that it equates to an imminent
domain, and reiterated some of the concerns of previous speakers.
Sherman Stacy addressed the issue of setting fair market rent, believed that the rent is
monopolist, expressed opposition to the matter, believed that it is unreasonable, and noted the
need to simplify the lease.
Gary Pickett expressed agreement with prior speakers, believed that the proposed lease
agreement is unfair, addressed the index, stated that his company world be happy to provide
Volume 60 - Page 604
City of Newport Beach
City Council - Minutes
September 25, 2012
gross revenue numbers, and requested that the Irvine Company be removed from the index
calculation and replaced with the Balboa Yacht Basin.
Richard Luehrs, President of the Newport Beach Chamber of Commerce, addressed the
importance of small businesses that depend on the Harbor, expressed support of the marina
operators, requested softening the impact of significant rent increases, and urged that Council
continue to work with marina operators to refine the fee structure and the basis for the
proposed fee.
Scott Schott expressed opposition to the proposed lease agreement., Gary McKitterick implored
Council to govern like residents would like to be governed, believed' that the lease is one- sided,
suggested that Council work with residents to resolve the issues at a separate study session,
encouraged Council to look at consequences and the impactsof increased regulations, noted the
importance of listening to residents, and believed that the index must be broader.
;i
John Corrough expressed concern with perceptions related to the implementation of the
proposed lease and impacts to other classes of marina users, stated that the complexity of the
lease is not appropriate, for current marina users, and indicated that the index needs to be
timed.
Council Member Rosansky encouraged the public to submit written comments to staff so that
Council can have time to evaluate them.
Council Member Hill expressed concern- rd'garding the security deposit and City approval of
maintenance that requires a percentage of parking and wagq} rates. He indicated that he has
faith in the concept of the index and believed that„agreemenis can be reached by working
together.
Unknown speaker opposed iothe proposed lease template and hoped that Council can work
with the owners to develop abetter template,:
A] -Lasher thanked Council, for. considering ,continuing the item, believed that the issue is
relative to the relationship- `between the government and its citizens, and questioned the
fairness ofthe`prcpdsed lease- agreement:
Bob McCaffrey suggested that Council consider a re -vote on the matter.
Gary,H.ill expressed opposition to the proposed lease agreement and encouraged Council to
consider the matter carefully.
Mayor Pro Tern' Curry agreed that the proposed lease agreement needs additional work.
In response to Council Member Selich's question, Acting Assistant City Attorney Torres
addressed the possessory interest tax noting that it maintains the status quo.
Discussion followed regarding prevailing wage requirements and possibly defining the upland
support area within the lease.
Council Member Rosansky encouraged the public to submit written comments to staff so that
Council can have time to evaluate the comments.
Council Member Hill expressed concern regarding the security deposit and City approval of
maintenance that requires a percentage of parking and wage rates. He indicated that he has
faith in the concept of the index and believed that agreements can be reached by working
Volume 60 - Page 605
City of Newport Beach
City Council Minutes
September 25, 2012
together.
Council Member Daigle addressed changing the index to exclude the Irvine Company and
include the Balboa Yacht Basin.
Council Member Henn agreed with making the lease simpler and shorter, addressed
misconceptions about the lease, noted that there is no intent for the City to charge 20% of
parking revenue but rather that the City should be compensated for slip rental, indicated that
there is no intent to charge for pass - through expenses, addressed the requirement for paying
prevailing wages on construction projects, noted that it is designed to be a template and that
there are elements that may not be applicable to the lease of marinas, stated that each lease
will be tailored to individual circumstances, addressed the proposed index and the base against
• percentage rent, noted that the index calculation is simple, hoped that all will be able to reach
• conclusion regarding the index, stated that the purpose-of the meetings is to obtain public
input, and summarized the issues to be addressed.
Mayor Pro Tem Curry noted that there are a lot of%problems with the proposed lease and that it
should be re- written.
,
Discussion followed regarding clarification of .known values and the need for them to be
verifiable.
Council Member Henn encouraged 'the, public to submit written comments to the City
Manager's Office.
Motion by Council Member Henn,'secondeil-by Council Member Daigle to adopt the
Resolution No. 2012 -86, approving a model lease template"for. commercial marinas located upon
City administered tidelands.
,
The motion carried,-15Y the following roll call, vote:
Ayes: Council Member. Hill, j Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council !Member Selich; Council Member`Henn, Council Member Daigle
19. CITY HALL COMPLEX RE -USE (PA2012 -031) - 3300 NEWPORT BOULEVARD - 475
32ND STREET.
Council Member Henn r'ecused himself from hearing the item noting that he has a business
relationship with a business in Via Lido Plaza.
Community Development Director Brandt introduced the item, presented background,
addressed release of final documents providing support for the conclusions made earlier, and
presented recommendations as stated in the report.
Mayor Gardner noted the preferred option and asked whether further consideration should be
made regarding apartments.
Council Member Selich stated that both options, that being a hotel or apartments, should be
considered.
Council Member Hill agreed with Council Member Selich's comments, addressed the need for
fast tracking the activities related to this matter, and suggested that one RFQ be issued
comprised of both options.
Volume 60 - Page 606
City of Newport Beach
City Council Minutes
September 25, 2012
Jerry Conrad, representing DART and Conrad Management, believed that Lido Village is the
best location for a boutique hotel and that the current City property lends itself to an
apartment complex, expressed concerns regarding adjacent properties, and addressed related
height limitations.
Cindy Koller presented a copy of an article from the Orange County Register that noted the
amount of resident support as well as business support for a boutique hotel and expressed
opposition to the apartment complex concept.
Lori Morris referenced a quote from Mayor Pro Tem Curry regarding the importance of
listening to the community, expressed support of a boutique hotel `for the area, objected to the
two - pronged approach for the RFQ, and noted that area businesses support construction of a
boutique hotel.
r-
Pam Whitesides addressed the need to make businesses and restaurants successful in order to
revitalize the area, expressed support for a boutique hotel, and encouraged Council to move
forward with a one -track approach.
Denise Oberman expressed support of a boutique hotel and addressed fiscal ',he.nefits to the City
and local businesses.
George Schroeder believed that it is the right thing to do to study both options.
Hugh Helm agreed with Council moving forward with considering both options, urged Council
to go forward to the RFQ process including--the possibility of a hotel on the marina site.
Brian Z. addressed a vulcanized approach in decision making and revitalization and expressed
support for considering a broader concept, of revitalization.
,.
Council Member Selich noted the importance, of having a backup to the hotel proposal stating
that it is a prudent way to do business - and believed that a dual approach will increase
competition by developers.
Discussion followed re'garding° the- possibility of indicating that the first choice would be a hotel
in the area.
Council Member Rosansky indicated that he would not want to discourage potential apartment
1.
builders to make a proposal.
Mayor `Pr' o Tem Curry addressed the study, indicated that the appropriate thing to do is to go
forward with , the RFQ process for both alternatives in order to be able to compare the viability
and benefits of each.
Motion by Council .Member Selich, seconded by Council_ Member Hill to direct staff to
include the following limits within the proposed General Plan Amendment: 1) Up to 99
residential units and 15,000 square feet of retail use; or 2) Up to 99,675 square feet of hotel use;
or 3) Any combination of residential units and hotel provided it does not exceed 99 units or
99,675 square feet of hotel use.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle
20. IMPLEMENTATION OF NEGOTIATED CHANGES TO EMPLOYEE RETIREMENT
Volume 60 - Page 607
City of Newport Beach
City Council Minutes
September 25, 2012
BENEFITS THROUGH AMENDMENT OF THE CONTRACT WITH THE CALIFORNIA
PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS); AND ADOPTION OF A
DEFINED CONTRIBUTION PLAN WITH THE PUBLIC AGENCY RETIREMENT
SYSTEM (PARS).
Mayor Pro Tem Curry expressed support for the item and noted significant changes and success
of Council in the negotiations.
Jim Mosher discussed how the changes relate to Council as City employees, stated that Council
Members are not employees, questioned whether Council should receive health and pension
benefits, questioned the category of employee in which Council" belongs, and stated that
Measure EE will not clarify the issue.
t;
City Attorney Harp explained that the IRS designates all -, Council Members as employees and
the City is required to offer a retirement package for:. Council Members which is the PERS
retirement package which is not involved in Measure'!EE.
Richard Nichols agreed with Mr. Mosher's comments,,'addressed the StaWs.pension Reform
Act, stated the need for a set retirement form and addressed the City's pension,debt.
Mayor Gardner noted that Mr. Nichols was consid'e'red a City employee, noted that all groups
are contributing more towards their pensions as they have from previous years, and stated that
this is a negotiation process.
City Manager Kiff reported that the City's employees are paying more than Governor Brown's
proposal, stated that the City is subject 'to the new -Paw for employees hired after January 1,
2013, and noted that he would be happy to speak further on;the issue with Mr. Nichols.
Motion by Mavor Fro Tem Curry, seconded by Council Member Rosansky to adopt
Resolution No. 2012-87 relating to the City's intention to approve an amendment to the
contract between `the Board;of Administration`: California Public Employees' Retirement System
(PERS) and the Newport Beach City Council io authorize the following second tier retirement
formulae: 3°16@55 for Police; 2 % @50 for Eire; 2 "16 @50 for Other Safety (Lifeguards); and 2%@60
for Miscellaneous,.memb6ns,,b) introduce Ordinance No. 2012 -22 relating to PERS contract
amendment and passto 2nd reading on October 23, 2012; and c) adopt Resolution No. 2012 -88
implementing a qualified Defined.Contribution Plan with the PARS.
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, Council Member Daigle
21. FURTHER DIRECTION SOUGHT - PADDLEBOARDS, NON - EMERGENCY
FLYOVERS, ENCROACHMENTS.
Council Member Daigle addressed public comments received on the issue noting differing
opinions, stated that professionals recommended holding a public forum in order to gauge
public opinion and hear from Harbor users regarding safety issues, and noted the need to get a
better sense from different Harbor users.
Discussion followed regarding the number of accidents in the Harbor and the possibility of
sending the item to the Harbor Commission with direction to focus on education.
Council Member Rosansky stated that he did not see this as a high priority issue.
Volume 60 - Page 608
City of Newport Beach
City Council Minutes
September 25, 2012
Council Member Selich agreed with Council Member Rosansky's comments.
Mayor Pro Tem Curry agreed and stated that there is no need for specific direction on this
issue.
Doug West, Chair of the Harbor Commission, stated that the Harbor Commission will not
approach this in a regulatory framework, indicated that he believe that a problem does not
exist, and stated that if Council directs the Harbor Commission to address this, they will.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor. Rro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council - Member Daigle
Motion by Council Member Selich, seconded WCouncil Member Rosansky to do
nothing relative to recommendation 21a. t
to do
nothing relative to recommendation 21b.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council Member
Selich, Council Member Henn, Council Member Daigle,,
Aloes: Mayor Gardner
Council Member Rosansky stated that this is a solution looking for a problem and believed that
the matter is not an issue ^to be considered)
Assistant City Manager Badum presented information on encroachments including the types of
encroachments an&related permits needed, as well as the current implementation program and
current issues.
J `
Mayor Gardner stated that clarification of'the'policy is needed.
Debra Ann Stout addressed $hc encroachment building process relative to Mesa Drive, noted
that there are many encroachments into the public right -of -way in the area; and stated that
Council should not "look the other w:ay ".
Assistant City Manager itadum noted that there are no walls in the public right -of -way on
Mesa Drive'liut rather landscaping and mailboxes.
City Attorney Hai•p.added that the agreement shifts the liability to the property owner to be
liable for what happens on the property and obligates them to remove whatever improvements
exist.
Motion by Council Member Henn, seconded by Council Member Selich to proceed with
the current process relative to Issue 21c.
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, Council Member Daigle
Volume 60 - Page 609
City of Newport Beach
City Council Minutes
September 25, 2012
S22. RESOLUTION NO. 2012 -89: FORMING THE TASK FORCE ON COMMITTEES.
Members of Council concurred to appoint Council Members Henn, Selich, and Mayor Gardner,
to the Task Force on Committees.
Jim Mosher referenced the local appointments list, stated that it needs to be cleaned up, and
expressed concerns regarding being subject to the Brown Act.
Mayor Gardner noted that the group will be proposing changes,that will be considered by
Council.
Jim Mosher indicated that the revisions are contingent upon tle,.passage of Measure EE, took
issue with the fact that the word "committee" does not appear in the City Charter, discussed
the Building Ad Hoc Committee believing that it should be subject, to the Brown Act, and
addressed Citizen Advisory Panels. '
Resolution No. 2012 -89 relating to'the
Committees; and b) appoint Council 1\
Force on Committees.
✓• %Council MemberiHenn to a) adopt
id Responsibilities of ilia Task Force on
Selich, and Mayor Gardner to the Task
The motion carried by the following roll call vote:
h ,
Ayes: Council Member Hill, Council Member- Agsansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION
Council Member Henn aimounced; that Council Member Daigle would like to change her vote on item
15 (Balboa Village Implementation Plan (PA2011 -2g4) - Balboa Peninsula Between 7th Street and A
Street including Balboa Village.
15. BALBOA VILLAGE. IMPLEMENTATION PLAN (PA2011 -224) - BALBOA PENINSULA
BETWEEN 7TH STREET AND A STREET INCLUDING BALBOA VILLAGE.
Motion by Council Member Henn, seconded by Council Member Selich to a) adopt
attached Resolution No. '2012 -84 approving the Balboa Village Implementation Plan consistent
with the recommendations of the Neighborhood Revitalization Committee and finding that the
action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section
15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; b) adopt attached Resolution No. 2012 -85 creating the Balboa
Village Advisory Committee; c) confirm the Mayor's appointment of Council Member Henn and
one additional Council Member to the Balboa Village Advisory Committee ( "BVAC"); d) direct
the City Clerk to post and publish a Request for Applications for the BVAC; and e) review
Residential Parking Survey and authorize staff to conduct survey.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Council Member
Selich, Council Member Henn, Council. Member Daigle
Noes: Mayor Gardner
XIX. ADJOURNMENT - Adjourned at 12:00 a.m. on Wednesday, September 26, 2012, in memory
Volume 60 - Page 610
City of Newport Beach
City Council Minutes
September 25, 2012
of Sarah Leaf and Catherine Campion Ritz, M.D.
City Clerk
Recording Secretary
Volume 60 - Page 611