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HomeMy WebLinkAbout01 - Amended MinutesCity of Newport Beach Agenda Item No. 1 City Council Study Session August 13, 2013 July 23, 2013 Recreation. Superintendent Levin thanked the members of the Fourth of July Committee for their efforts in coordinating the annual Fourth of July is for Families events, as well as the Newport Beach Police Department, residents, and Council Members who attended. He also addressed park activities, the Mariner's Independence Day Parade and Celebration, and the Mariner's School Foundation. Deputy Police Chief McGill provided a PowerPoint presentation, reported on the Police Department's enforcement philosophy, and highlighted details of the operational plan. He noted that the number of party houses has decreased, but the number of visitors continues to increase. He presented statistics relative to the number of citations issued and arrests, costs, participation by outside agencies, education efforts, community outreach, types of offenses, the number and types of calls for service, and trends. Council Member Henn commended everyone on the p the number and types of calls for service, as well Gathering Ordinance (LUGO) citations. He Mac Recreation and Senior Services Department and to f' He indicated that the only complaints he received w Saturday. X--\` Deputy Police Chief McGill reported on of the education efforts. He addressed trash pick -up, things that could be imprc over the years relative to >er of Loud and Unruly us appreciation to the utment for their efforts. lack of trash pick -up on dealing with LUGOs and the impact ion between City departments, plans. George Schroeder expressed his appreciation to Council Member Henn for his efforts in making the day family - friendly land commented positively on the LUGO efforts. He believed that this was the best improvem nt) he has seen and acknowledged the Police Department's efforts. (\ � U/ Jim Masher congratulate�d\Cityysta£f on the successful events. He noted that the July 4 h West Newport Safety I ammng Committee has not met since last year and suggested that Council give direction, to staff to coordinate next year's events through the Committee. Richard BergstromJPresident of the Newport Marina Villas .Homeowners Association, commended_�the�Police- Department for their efforts and commented positively on the transformation in making the event family - friendly. Police Chief Johnson thanked Deputy Chief McGill and Police .Captain Johnson for their work and efforts on July 41h, and noted that LUGO was brought forth as a result of Captain Johnson's initiation. Mayor Curry discussed the significant and measurable improvements made, and commented positively on the efforts of all involved in making the events safe and successful. 3. OVERVIEW OF FACILITIES FINANCIAL PLANNING PROGRAM (FFPP) 1100- 20131 Finance Director Matusiewicz utilized a PowerPoint presentation to discuss the Facilities Financial Planning Program (FFPP) and Planning Tool, address the purpose of the annual review, highlight meetings with the Finance Committee, and discuss the importance of the program, applicable governing documents and policies, and details of the process. He Volume 61 - Page 232 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 23, 2013 — 7:00 p.m. I. STUDY SESSION - 4:39 p.m. II. CLOSED SESSION - 5:57 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government -Code § 54957.6): Heading Agency Designated Representatives: )Dave�� , City Manager and Terri Cassidy, Human Resources Director; Negotiators l /� Employee Organizations: All Labor Lifeguards (ANBOL); Newport Beach C Employees League (NBEL); Newport Bi Fire Management Association (NBFiv Newport Beach Part Time Unit (UPEC,. Newport Beach Police Management As and Technical Association (NBPq,EA) oc6tioris�—Association of Newport Beach Ocean mployees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Lifeguard Management Association (NBLMA); 1777); Newport Beach Police Association (NBPA); tion (NBPMA); and Newport Beach Professional B. THREAT TO PUBLIC SERVIVES�QRiFACILITIES (Government Code Section 54957): Consultations with: Jay,Johnson, Chief of Police, Newport Beach Police Department III. RECESS D U IV. RECONVENED AT 7:00FOR REGULAR MEETING U V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Rarp clarified that in regards to Closed Session Item B, there is no imminent threat to Public Services or Facilities. VII. PLEDGE OF ALLEGIANCE -Council Member Petros VIII. INVOCATION -Mayor Curry IX. PRESENTATIONS -None Volume 61 - Page 235 City of Newport Beach City Council Minutes July 23, 2013 X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM) Council Member Daigle reported that the City received a Rose Award for its Pension Reform Program from the Orange County Taxpayers Association as a result of the City's ability to deal with the issue of compensation adjustments. She reported that the City's efforts are consistent with the organization's mission statement and that the application demonstrated measureable results of taxpayer benefit, tax savings or government waste - cutting, and that the City is doing what it should in terms of standard operating procedures. She added that the City's initiatives preceded any reforms by the State and read excerpts from the City's application. She detailed accomplishments in terms of labor contracts and Council actions, and highlighted decisions relative to pension reform contributing of Nthe bottom line. She addressed Council's efforts in becoming informed on the subject: its approach, and�lie City's workforce and leadership cooperation. She added that it is incumbent upon those concernelct-about � this issue to become informed about public safety and compensation subtleties, and that the i sues have�,considerable impact at the City, State and Federal levels. I � � n\� Council Member Selich announced that a General Plan/Local Coastal/Program Implementation Committee meeting will be held on July 24, 2013, from 12:30 p.m.Cto 2:30�p m. in the Newport Coast meeting room and addressed items to be considered. He requested a discussion t�be placed on a future Council agenda about the possibility of changing the City's practice to require business licenses for independent real estate agents working in brokerage offices. Mayor Curry announced that the second Meet-th\Mayor event will take place on July 27, 2013 at the Newport Coast Community Center beginning aC %9:00 a.m. He reported that the Spyglass Hill residents will host a "Take Back the Night" program at Spyglass Park on August 6, 2013, from 4:00 p.m. to 7:00 p.m. Additionally, he reported receiving a notpfrom the Jasmine Park Community thanking the City for its assistance with their Homeowners. association in the area of water conservation. 1:411 Regarding Item 8 (Appi0al \'an Agreement for the Purcbase of One Fire Engine), Jim Mosher noted the size of the report and suggested providing a link for the public to access the complete specifications. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES MINUTES FOR THE JULY 9, 2013 REGULAR MEETING. 1100 -20131 Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. C. CONTRACTS AND AGREEMENTS 4. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5151 (381100- 20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; Volume 61 - Page 236 City of Newport Beach City Council Minutes July 23, 2013 KW9 electrical repair services, and authorize the Mayor and City Clerk to execute the agreement. D. MISCELLANEOUS 13. BUDGET AMENDMENT TO ACCEPT A CI4ECK FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE LIBRARY'S FISCAL YEAR 2013 /2014 MAINTENANCE AND OPERATION BUDGET. [100 -2013] Approve Budget Amendment No. 14BA -002 to increase revenue estimates by $12,550 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). 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE_FUNDS TO THE LIBRARY'S FISCAL YEAR 2013 /2014 MAINTENANCE AND OPERATION BUDGET. [100 -20131 Approve Budget Amendment No. 14BA -003 to incr'easc\revenue estimates by $255,000 in Account 4091 -5892 (Friends of the Library Donatioris))and to'' ncrease expenditure estimates by the same amount in Division 4091 (Friends of th, jLibrary) and Division 4060 (Literacy Services). Motion by Council Member Petros, seconded\bM Pro Tem Hill to approve the Consent Calendar, except for the items.removed (3, 12 and 15) an "denoting the recusal of Council Member Henn to Item 5. � v \ \111 The motion carried by the Ayes: Council Member Gardner, Cduncilm%Iember Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Sehch, Council ^Member Henn, Council Member Daigle 3. RESOLUTION DECLARING INTENTION TO ENTER INTO AN OPERATING AGREEMENT FOR THE MANAGEMENT OF THE CITY'S OIL, GAS AND OTHER HYDROCARBON RESOURCES. [100-20-131 Assistant to the City Manager Houston provided a staff report relative to the sixteen (16) City operated oil wells and noted that the revenue from the production of oil goes to the Tidelands Fund. He reported that for a number of years, Council has taken steps to secure the resources, including developing a maintenance plan to look at all of the resources and revenues for the Tidelands and whether the operations there could be enhanced. He indicated that the report conducted by Netherland & Sewell provided suggestions on additional revenue options and that the proposed Resolution is a result of their recommendations. In response to Council Member Daigle's question, Assistant to the City Manager Houston reported that there has been a conservative maintenance operation plan and that a private partner might provide a plan that could secure the current revenue stream with a chance for an upside. Motion by Council Member Selich, seconded by Mayor Pro Tem Hill to adopt Resolution No. 2013 -62, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Enter into an Operating Agreement for the Management of the City's Oil, Gas and Other Hydrocarbon Resources. Volume 61 - Page 238 City of Newport Beach City Council Minutes July 23, 2013 Commissioner Boller explained the call- for -entry process by the contracted Project Arts Coordinator Site Manager and noted that the selection of pieces will first be brought before the City Arts Commission and then to Council for final approval. Commissioner. Logan reported that the Sculpture Exhibition will be called, "The Inherent Magic of Newport Beach." Examples of typical sculptures were displayed and Commissioners Boller and Logan offered to respond to questions from Council. Council Member Henn expressed hope that the creation or further enhancement of an arts community in Newport Beach can be accomplished. In response to Council Member.Henn's question, Commissioner Boller reported that the invitation is i open to anyone in Orange County, but especially artists within the Newport Beach community. She listed local artists, but noted that the invitation is open to therpublic Commissioner Logan added that the project has an artist registry that it is hoping to expand interest LW art within the City by artists and citizens. �(� ), \ V/ In response to Council questions; City Manager be further reviewed and that staff will work wit goals. He confirmed that the concept . includes approval. He added that the. proposal in to func the last fiscal year and not from develop em nt \ the Orange County Museum of Art (OC \1A)trem suggestion to ensure review by Council at\the proposed May 2014 deadline is an achievable tir the Site Manager position needs to Commission on budgeting and ways to meet the \ll!s)ability to review the pieces and have final project from fund balances left over at the end of went fees. He reported that the relationship with positive and agreed with Council Member Pctros' of the project's first year. He indicated that the ie for the project. Council Member Selich and(M'a\orry commended the City Arts Commission for its efforts and commented on future ounortu mties -w.itli OCMA. Jim Mosher suggested public participation in the artist selection process. He believed that the matter of funding public -art through developer fees was considered too quickly and. suggested revisiting it so that the type of`actavityc urgently considered could also be funded as cultural facilities as well. Motion by Cbuncil!Member Selich, seconded by Council Member Gardner to a) authorize staff and members of the City..Arts Commission to move forward to implement a temporary sculpture exhibit with a maximum often sculptures in year one and an additional ten sculptures in year two (Sculptures.exhibited in year one would be de-installed in 2016. Sculptures added in 2015 would be de- installed in 2017. Total project time would be from July 2013 through April 2017.); b) authorize the City Manager to send a letter to the Orange County Museum of Art ending a June 2010 Memorandum of Understanding (MOU); and c) approve Budget Amendment No. 1413A�006 appropriating up.to $125,000 for the first year of the temporary sculpture exhibit. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Barbara Bailey reported contacting Building Inspection and Code Enforcement and noted that she has a condominium with water intrusion and mold in the common areas. She requested City assistance with enforcement on this issue based on the California Health and Safety Code. Mayor Curry encouraged Ms. Volume 61 - Page 240 City of Newport Beach City Council Minutes July 23, 2013 Bailey to speak with Community Development Director Brandt for a referral to Code Enforcement. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tern Hill reported attending the Orange County Taxpayers Association awards event, referenced the City's receipt of a Rose Award for the Employees Benefits Restructuring Program, and reported also receiving an award on behalf of the Transportation Corridor Agencies for its work. Council Member Daigle reported on a recent Orange County Vector Control meeting, as well as a Southern California Association of Governments (SCAG) Legislative Committee meeting. She indicated that, at the SCAG meeting, they discussed the upcoming Water Bond and indicated that she will keep the City posted on it. Council Member Henn reported that the Council Finance Committee reviewed the City's investment policy, i its investment performance results, and strategy .change recommendations. He noted that staff did a good job on the recommendations and that the Committee unanimously re/com ended bringing the matter before Council for approval. PA36 Xd""' Council Member Selich reported that, at the Land Use Elemenent Advisory Committee meeting, they focused on proposed areas of change to the Land /Use Elem�entland expressed concerns with other changes. He encouraged land owners that have had/a land eleme t change to contact the Community Development Department with suggestions. Additionally , he reported that one of the goals of the Committee is to be traffic neutral and announ�d\that\th�iext meeting will be August 6, 2013 in the Central Library Friends Room from 3:30 p.m. to/-p.m. Mayor Curry reported that he represents /the Ciiy�on the Orange County Sanitation District (OCSD). He stated that the OCSD processes dry weathe j� n -off and has had a cap of approximately 4 million gallons per day that they would process for/free. 1Hoemer, as the population has grown, it has gotten close to that cap. Mayor Curry reported that th OCSD�has aised the cap to 10 million gallons per day and commended the OCSD for this action. XVIL PUBLIC HEARING 16. MOBILITIE TELEC'OMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661 NEWPORT_ COASV DRIVE (PA2013 -003). (100 -2013] to remove the item from the calendar. Council Member Daigle recused herself from this item. Mayor Curry reported that staff has requested removing the item from the calendar. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn XVIII. CURRENT BUSINESS 17. PLANNING COMMISSION'S FINDINGS AND RECOMMENDATIONS ON RESIDENTIAL Volume 61 - Page 241 City of Newport Beach City Council Minutes July 23, 2013 LOT MERGERS. [100 -2013) Planning Manager Alford provided a staff report to highlight the background, discuss the comprehensive review and analysis by the Planning Commission, and bring forward various approaches. He reviewed the Planning Commission's findings and recommendations as highlighted in the report, and emphasized that the Planning Commission stressed compatibility with nearby lots. Council Member Gardner believed that the recommendations do not provide clarity nor make improvements, and has .the same ambiguity as when the matter was first considered. She noted preference for the second recommendation and not the first. In response to Council Member Selich's question, Planning Manager Alford referenced Finding 5, noting that the Planning Commission believed that there was a lot of ambiguity in the current language relative to a lot being excessively large. The Planning Commission focused on giving more emphasis to lots that were immediately adjacent to subject properties and moving out on the block or neighborhood level. He added that the findings are intended/ to provide more guidance and present more items that could be considered by the decision making body�hen they make a compatibility finding. He added that the closer you are to the property (adjacent or adjoining lots), the more consideration should be given to the pattern of developme,'K. Mayor Pro Tem Hill stated that he could regarding looking for a solution for which many related issues and, going forward, C presented on an individual basis. He agri City of Newport Beach City Council Minutes July 23, 2013 Member Henn, Council Member Daigle Noes: Council Member Gardner 18. DIRECTION TO STAFF ON VARIOUS ISSUES. [100 -2013] City Manager Kiff noted that the item was placed on the agenda at the request of Council Member Gardner. Council Member Gardner reported receiving calls from non - profit, community -based groups who expressed disappointment with the fees associated with using City venues for events and meetings. She suggested possibly developing criteria so that those groups could receive discounts. Regarding picketing, she indicated that she would like to see the City provide better protection for residential areas. bring back Lan) agenda item that would propose lower subsidi other community -based groups that use certain City locatioi room and an agenda item that would propose an ordin individuals' homes. The motion carried by the following roll call Ayes: Council Member Gardner, Council Member Selich, Council Member H XiX. MOTIONS FOR RECONSIDERATION XX. ADJOURNMENT - 8:05 p.m. ,er Selich to direct staff to tal fees for not - for - profits or e Civic Center's community preventing the picketing of or Pro Tern Hill, Mayor Curry, Council Daigle The agenda for the Regula r,�I'eetit gg -was posted on July 18, 2013, at 4:07 p.m. on the City's website; on July 19, 2013, at 8:00�a.m on the City Hall Electronic Bulletin Board located in the entrance of the City Counci`Irbhvbers at 100 Civic Center Drive; and on July 19, 2013, at 7:40 a.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. City Clerk Recording Secretary Mayor Volume 61 - Page 243