HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
August 13, 2013
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
July 23, 2013 — 4:30 p.m
I. ROLL CALL - 4:39 p.m.
Present: Council Member Gardner, Council Member Petros, Mayor Pro�Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council'Membe %Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR
Regarding Item 3 (Resolution Declaring Intention't(3,Enter Into an Operating Agreement for
the Management of the City's Oil, Gas and Other Hydrocarbon Resources), Council Member
Daigle indicated that she is interested_ n� learning about the new approach and requested a
report during the Regular Meeting.
In response to Council Member Gardrier's quest" ion regarding Item 7 (Acquisition of Rule
20A Credits from the Citysof Mission Viejo)%Public Works Director Webb reported that the
City has several Ru//le�20A projects that could use this, such as the upcoming Balboa
Boulevard Project. // Il 1
Regarding Item 10 (Approval -of an.Agreement for Sewer Video Inspection Services), Council
Member Gardner noted discrepancies- in_the prices offered by the bidders and questioned the
ability of the wing bidder to provide the required services at the bid price. Municipal
Operatio s Director Harmon addressed the Request For Proposals (RFP) and scope of the
project, and noted the ?t all of the bidders confirmed that they understand the scope of work.
Council Member Petros reporizd that he had the same concern and expressed confidence
that khe City will not Pe receiving change orders from the winning bidder in the future.
In respoMe to Council Member Petros' questions regarding Item 6 (Building Inspection and
Plan Review- Service), Community Development Director Brandt reported that, when budget
estimates were prepared, staff anticipated the need for two full -time Building Inspectors at
an approximate cost of $130,000 per inspector in order to meet the City's current demands
for building inspections. Additionally, staff anticipated the need for additional plan check
services at an estimated cost of $100,000.
Regarding Item 11 (Approval of an Agreement for Landscape Maintenance of Parks and
Facilities), Mayor Pro Tern Hill questioned the one -hour response time requirement for
emergencies since the provider is located in Riverside. Utilities General Manager Murdoch
indicated that the company is located in Riverside; however, their streetlight operation is
based out of Anaheim. He added that, under the on -call provisions, their employees must be
within one -hour of the City and that travel time is not paid for.
2. JULY 4TH UPDATE [100 -20131
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City Council Study Session
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 thefoperational 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, com�mum'ty outreach, types of
offenses, the number and types of calls for service, and trends
Council Member Henn commended everyone on the
the number and types of calls for service, as we
Gathering Ordinance (LUGO) citations. He also e
and Senior. Services Department and to the Pe
indicated that the only complaints he received_�w
Saturday.
Deputy Police Chief McGill reported On the process
of the education efforts. He addressed successes,
trash pick -up, things that could be improved and nE
made ove`rAhe years relative to
number ofN%0ud and Unruly
used his appreciation to Recreation
Department for their efforts. He.
about the lack of trash pick -up on
with LUGOs and the impact
between City departments,
George Schroeder expressed his appre'eiatiori to Council Member Henn for his efforts in
making the day family fri redly and commented positively on the LUGO efforts. He believed
that this was the beesstt %improvement he has seen and acknowledged the Police Department's
efforts. %� 1�� 4th
Jim Mosher congratulated- City - staff :the successful events. He noted that the July 4
West Newport - Safety Planning Committee has not met since last year and suggested that
Council, g ve d ction to staff to coordinate next year's events through the Committee.
Ricliard Bergstrom, 1P,residentlo£ the Newport Marina Villas Homeowners Association,
le
commended the Police Department for their efforts and commented positively on the
transfgrm, ation in making the event family - friendly.
Police Chief�zohn n thanked Deputy Chief McGill and Police Captain Johnson for their
work and efforfs„on July 4 , 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) [100-
2013]
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
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presented a list of priority projects, noting that they are all cash - funded. He reported that
the new Police Department Headquarters is requiring some debt, but future contributions
will eliminate the need for further debt. He addressed past funding sources, key metrics and
statistics, debt service, and cash flows related to the Facilities Finance Program (FFP)
balance.
Mayor Curry stated that, due to the completion of the Civic Center, the City is now able to
build two significant parks, replace Fire Stations, and make improvements to the library
system and Lifeguard and Police Department Headquarters on a pay -as- you -go basis.
In response to Council Member Daigle's question, Finance Director Matusiewicz stated that
the City has strong property tax potential and that he onlyesees positive things for the
future.
Council Member Henn discussed property tax cy
expressed the opinion that the City is one of the be:
that all of the fundamentals of government area
continues to invest in itself and expressed the�neec
efficiently to maximize returns. He commlerifled/
developer fees and commended Council Member.
Rosansky for the work they did in negotiating deveh
be felt for many years. Council Memlier Daigle also
efforts.
es'in the realstate business. He
planned cities in the State and noted
ell planned. He noQthat the City
to continue this and manage the City
taff on its diligence. He addressed
Sehch and former Council Member
iment fees, noting that the impact will
`cknowledged Council Member Selich's
Mayor Pro Tern Hill noted that it has'been a team effort and stated that Council had the
wisdom to develop a strategic financial plan which has allowed more funds to go into
reserves which will help fund the FFPP.��The combination of the finance plan and the FFPP
is what gives the City it filnancial strength.
Council Member Pet `s reported receivin Lrrespondence relative to concerns about rising
budgets. However, he believed =tha_ =if� k'a means that revenues are increasing, he is
supportive ofthe- budget`ince the City practices proper stewardship of resources and spends
appropriately to re vest in the community. He encouraged the public to learn how Council
stewards the City's resources and become educated in the process.
J.im�- Mosher referenced the list of priority projects, noting that some of the projects have
already been done andf some are beyond the current budget year. He believed that it would
be helpf 1 to clarify the extent of the plan. He addressed debt service for the new City Hall
and quest of ned if those are structured in such a way that it could be paid off early, at less
cost. LCD ii
4. IDENTITY THEFT DISCUSSION [100 -2013]
Police Sergeant Krallman utilized a PowerPoint presentation to discuss identity theft,
address the negative consequences, and highlight how identity theft can happen.
Crime Prevention Specialist Querry addressed steps that can be taken in order to reduce the
risk of identity theft, including routine monitoring of credit reports and accounts, using care
when giving out social security numbers, and keeping ones property secure. She addressed
mail theft and recommended shredding sensitive documents, discussed using care regarding
what is shared on social networks, and addressed how to create strong passwords, keeping
computer systems up -to -date, keeping data encrypted, and using secure servers when
online. Additionally, she recommended using identity theft protection services, discussed
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City Council Study Session
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III.
wire fraud, and recommended contacting the Federal Trade Commission (FTC) with
complaints.
Council Member Petros noted that a packet was provided to Council and suggested placing it
on the City's website. He inquired regarding skimming devices and steps that can be taken
to limit exposure. Sergeant Krallman explained the various types of skimming devices and
what to look for, especially at gas stations. Crime Prevention Specialist Querry
recommended using cash at gas stations.
In response to Council Member Gardner's question, Sergeant KrallEan indicated that if a
resident becomes aware of identity theft, they may contact any enforcement agency and file
a report. The agency will then forward the report to the appropriate jurisdiction for
investigation. Crime Prevention Specialist Querry emphasize the importance of filing a
crime report so an investigation can occur.
CLOSED SESSION AGENDA
City Attorney Aaron Harp announced items to be
Jim Mosher referenced Closed Session Item II.B.
suggested providing information about the general
IV. ADJOURNMENT - Adjourned at 5:57 p.rdAto
The agenda for the Study Session was post.
website; on July 19, 2013, at 8:00 a.m. on tba
in the entrance of the City Council Chambe
2013, at 7:40 a.m. in the Meeting Agenda 1
Council Chambers at W0\Civic- Center Driv(
City Clerk
under the Closed Session Agenda.
Services and Facilities) and
nature
on July 18, 2013, at 4:07 p.m. on the City's
ity Hall Electronic Bulletin Board located
at 100 Civic Center Drive; and on July 19,
rder located in the entrance of the City
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
Julv 23. 2013 — 7:00 n.
I.
- 4:39 p.m.
II. CLOSED SESSION - 5:57 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
Heading Agency Designated R
Cassidy, Human Resources Director;
Employee Organizations: All
Lifeguards (ANBOL); Newport E
Employees League (LABEL); New
Fire Management Association
Newport Beach Part Time Unit 0
Newport Beach Police Managem
and Technical Association (NBPT
B. THREAT TO PUBLIOSERVI,CES OR
Johnson,
III. RECESS
IV
V. ROLL CALL
Code
Dave Kiff, City Manager and Terri
ides: Association of Newport Beach Ocean
Dyee `Atisociation (NBCEA); Newport Beach
ighters�Association (NBFA); Newport Beach
card Management Association (NBLMA);
); Newport Beach Police Association (NBPA);
(NBPMA); and Newport Beach Professional
(Government Code Section 54957):
of Police, Newport Beach Police Department
Present: Council MemberZGardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney 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
0
- None
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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)
XII.
XIII.
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 %t should in terms of standard
operating procedures. She added that the City's initiatives preceded anyreforms 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 to the bottom line. She addressed
Council's efforts in becoming informed on the subject, its approach, and the City's workforce and leadership
cooperation. She added that it is incumbent upon those concerned about this issu to become informed
about public safety and compensation subtleties, and th�� ei sues have considerable /impact at the City,
State and Federal levels.
Council Member Selich announced that a General
meeting will be held on July 24, 2013, from 12:30,p
addressed items to be considered. He requestekV
the possibility of changing the City's practice to r
working in brokerage offices.
Mayor Curry announced that the second Meet -th
Newport Coast Community Center beginning at 9:0
host a "Take Back the Night" program at Spy Glass
Additionally, he reported receiving a7note from tl
assistance with their Homeowners,Association-in_th
Plan/Local�Coastal Program Implementation Committee
.m. to 2:30 p min the Newport Coast meeting room and
G'scussion to be placed on a future Council agenda about
lure ass licen es for independent real estate agents
;Mayor event will take place on July 27, 2013 at the
D,s.m. He reported that the Spy Glass Hill residents will
Hill Park on August 6, 2013, from 4:00 p.m. to 7:00 p.m.
ie`)Jasmine Park Community thanking the City for its
evarea of water conservation.
Regarding Item�8 (Approval of an Agreement for the Purchase 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.
A.
1. MINUTES FOR THE JULY 9, 2013 REGULAR MEETING. [100 -2013] 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. 5152. [38/100-
2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion;
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b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with the applicable portions of the Civil Code; and
c) release the Faithful Performance Bond one year after Council acceptance.
5. BAY AVENUE PAVEMENT REHABILITATION - AWARD O
[381100 -2013] a) Approve the project drawings and specifications;
Grigolla & Sons Construction Company, Inc., of their bid due to
award Contract No. 4840 to GMC Engineering, Inc. (GMC) of Tust
bid price of $1,399.999.50, and authorize the Mayor and City Clerfi
d) establish a contingency of $140,000.50, approximately 10 /per
unforeseen work. /(
Council Member Henn recused himself since he
6. BUILDING INSPECTION AND PLAN
AMENDMENT NO. 2 OF THE AMENI
SERVICES AGREEMENT WITH VCA COI
Amendment No. 2 of the Amended and Restat
Code Group for contract professional services
time period of September 1, 2011 to June 30, 20
7. ACQUISITION OF RULE 20A CREDIT!'
4977). 1381100 -20131 a) Authorizel the
Understanding (MOU) between the City c
documenting details of transaction
For
of Newport Beach firstQht of refusal to pw
Mission Viejo, as it becomes available at
authorize staff to( process /jthe Rule 20A cre&
the City of Miss ion.Viejo/with- Southern Cali .
rJ
9.
789.44.
F CONTRACT NO. 4840.
b) relieve the low bidder,
errors made in the bid; c)
in, California, for the total
to execute the contract; and
cent, to cover the cost of
feet of the project.
APPROVAL OF
eND RESTATED PROFESSIONAL
OUP (C- 4936). [381100 -20131 Approve
'essional Services Agreement with VCA
amount not to exceed $662,000 for the
FROM THE CITY OF MISSION VIEJO (C-
. by to execute the Memorandum of
'New
port�/Beach and the City of Mission Viejo
Is 20A credit acquisition and to provide the City
base additional Rule 20A credits from the City of
purchase rate of $0.55 on the dollar; and b)
transfer between the City of Newport Beach and
rnia Edison (SCE).
AGREEMENT FOR THE PURCHASE OF ONE FIRE ENGINE (C-
Approve an agreement with Pierce Manufacturing, Incorporated, of
for the)
purchase of one 2013 Pierce Fire Engine for a total cost of
APPROVAL OF// TENTATIVE AGREEMENT WITH THE ASSOCIATION OF
NEWPORT BEACH OCEAN LIFEGUARDS ( ANBOL) (C- 2058). [381100 -20131 Approve
the Tentative�Agreement with ANBOL providing the terms for a successor Memorandum of
Understanding( OU), which will be presented in full at a future City Council meeting in
August 2013.
10. APPROVAL OF AN AGREEMENT WITH HOUSTON AND HARRIS PCS, INC. FOR
SEWER VIDEO INSPECTION SERVICES (C- 5548). [381100 -2013] a) Approve an
agreement with Houston and Harris, Inc. for sewer video inspection services, and authorize the
Mayor and City Clerk to execute the agreement; and b) approve Budget Amendment No. 14BA-
004 appropriating $67,000 from wastewater fund reserves for sewer video inspection services
to the CCTV Maintenance account (5600- 8158).
11. APPROVAL OF AN AGREEMENT WITH INTERNATIONAL LINE BUILDERS, INC.
FOR ON -CALL STREETLIGHT ELECTRICAL REPAIR SERVICES (C- 5549). [381100-
20131 Approve an agreement with International Line Builders, Inc. for on -call streetlight
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rol
electrical repair services, and authorize the Mayor and City Clerk to execute the agreement.
MISCELLANEOUS
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH
PUBLIC LIBRARY FOUNDATION AND APPROPRIATE FUNDS TO THE LIBRARY'S
FISCAL YEAR 2013 /2014 MAINTENANCE AND OPERATION BUDGET. [100 -20131
Approve Budget Amendment No. 14BA -002 to increase revenue estimates by $12,550 in
Account 4090 -5893 (Library Foundation Donations) and to increa se expenditure estimates by
the same amount in Division 4090 (Library Foundation Donations) and Division 4060 (Literacy
Services).
14. BUDGET AMENDMENT TO ACCEPT A CHECK F' ROM THE FRIENDS OF THE
NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS\T� THE LIBRARY'S
FISCAL YEAR 2013 /2014 MAINTENANCE A�ND/OPERATION BUDGET. [100 -2013]
Approve Budget Amendment No. 14BA -003 tom increase revenue estimates by $255,000 in
Account 4091 -5892 (Friends of the Library�onations) and to increase expenditure estimates
by the same amount in Division 4091 (Friends of the Library) and Division 4060 (Literacy
Services). .
Calendar, except for the items removed (3,
to Item 5.
The motion carried by the
Ayes: Council Member Gz
Member Selich,
ou
XIV. ITEMS REMOVED FROM TH
S. RESOLUTION DECLAI
FOR THE MANAGEM
RESOURCES. 1100 -2011
roll call
Henn,
em Hill to approve the Consent
recusal of Council Member Henn
Petros, Mayor Pro Tem Hill, Mayor Curry, Council
icil Member Daigle
,N TO ENTER INTO AN OPERATING AGREEMENT
CITY'S OIL, GAS AND OTHER HYDROCARBON
Assistant tolthe 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 thatfor ainumber of years, Council has taken steps to secure the resources, including
developing a main n7a /nce 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 & Sewall 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.
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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
12. APPROVAL OF AN AGREEMENT WITH PINNACLE LANDSCAPE MANAGEMENT, INC.,
DBA PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS
AND FACILITIES (C-5550).1381100-20131
15.
In response to Council Member Gardner's question regarding handling of small, pocket parks,
Municipal Operations Director Harmon reported that maintenance isAscheduled, are included when
maintaining larger parks in the area, and although not listed separX� they are included in the
total park acreage. // / //%
Council Member Gardner addressed water run -off and suggested asking then \ tractor to report areas
where run -off occurs so that staff can address it. Municipal Operations Director Harmon reported
that once sidewalks are scrubbed of algae, the matter of run -off is resolved. Additionally, he
explained the process for handling clippings and native, drought- tolerant plants.�He indicated that, if
at any time there is a buildup of dead debris; staff will, result with the Fire Department.
agreement with Pinnacle Landscape Mahal
Ana for landscape maintenance of parks�a
execute the agreement; and b) approve Bud
General Fund unappropriated fund balanc
(3170- 80883).
The motion carried by the foll� g roll call
11
Ayes: Council Membe
Member Selich,
OF
mber G
t this is
Library Se
Boller and
Council
conded by'Councli Member Henn to a) approve an
ment, Inc., DBA.Pinnacle Landscape Company of Santa
facilities, anP \thorize the Mayor and City Clerk to
t Amendment No. I.4BA -005 appropriating $82,200 from
to the Con tract Services - Parks and Facilities account
Qt�ee:
aber Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Council Member Daigle
CENTER PARK, ORANGE COUNTY MUSEUM OF ART
QiNDING (C4568). [381100 -20131
orted that the City Arts Commission has a brief presentation and
to discuss because the proposal is unique to the City.
introduced the item and deferred to City Arts Commissioners Carole
for a presentation.
City Arts Commissioner Logan provided a PowerPoint presentation to address Council's interest in
providing sculptures in the new Civic Center Park, the efforts of the park designer and the Arts in
Public Places Ad -Hoc Committee, and discussed the City Arts Commission's Sculpture in the Park
Public Invitational 2014 -2016 Sculpture Exhibition Project.
City Arts Commissioner Boller thanked City Manager Kiff for his involvement in the project and
emphasized that the project may be modified, if necessary, to fit into an approved budget without a
loss in quality. She presented details of the project, noting that it is designed to have 18 original
sculptures to be installed throughout the length of the park, would be on loan to the City for two
years, and would open with an exciting exhibition and dedication celebration in May of 2014.
Commissioner Logan addressed the basis of the project and discussed the comprehensive information
research.
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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, Commissioners B' oller' reported that the invitation is
open to anyone in Orange County, but especially artists within the Newp'ort.Beach community. She
listed local artists, but noted that the invitation is open torh7,public. Commissioner Logan added that
the project has an artist registry that it is hoping zpandnoterest in art with the City by artists
and citizens.
In response to Council questions, City Manager Kiff reported that the Site Manager position needs to
be further reviewed and that staff will work with the Commission on budgeting and ways to meet the
goals. He confirmed that the concept includes Council's ability to review the pieces and have final
approval. He added that the proposal is toCfund the_project from fund balances left over at the end of
the last fiscal year and not from development agreement-fees. He reported that the relationship with
the Orange County Museum of Art (OCMA)%emains posit vi e and agreed with Council Member Petros'
suggestion to ensure review by Council at tike jr d of the project's first year. He indicated that the
proposed May 2014 deadline ig an achievable timeline for the project. 11
Council Member Selich
commented on future of
Jim Mosher suggested)
of funding public art th
that the type of activity
Curry commended the City Arts Commission for its efforts and
on in the artist selection process. He believed that the matter
fees was considered too quickly and suggested revisiting it so
ered could also be funded by cultural facilities as well.
Moti6nLby Council Member Selich, seconded by Council Member Gardner to a) authorize
staff and'mmembers of the City Arts Commission to move forward to implement a temporary sculpture
exhibit witFla maximum ten sculptures in year one and an additional ten.sculptures in year two
(Sculptures exhibited MVear one would be de- installed in 2016. Sculptures added in 2015 would be
de- installed in 20 ?7,. 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 (MOLD; and c) approve Budget Amendment No. 14BA -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.
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Bailey to speak with Community Development Director Brandt for a referral to Code Enf6rcement.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVII.
Mayor Pro Tem 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 Government (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. ii
Council Member Henn reported that the Council Finance Committee'reviewedihe City's investment policy,
its investment performance results, and strategy change recommendations. Hey oted that staff did a good
job on the recommendations and that the Committee unani s y recommended bringing the matter before
Council for approval. JJ \ 1
Council Member Selich reported that, at the Land Use Element Amendment Advisory Committee meeting,
they focused on proposed areas of change to the Land Use Element and expressed concerns with other
changes. He encouraged land owners that have had a land element change to contact the Community
Development Department with suggestions. Additionally, helreported that one of the goals of the
Committee is to be traffic neutral and announced -that the next meeting will be August 6, 2013 in the
Central Library Friends Room from 3:30 p.m. to 5 =;00 p.m.�
Mayor Curry reported that he represents the City `on lie Orange County Sanitation District (OCSD). He
stated that the OCSD processes dry weather run -off and has had a cap of approximately 4 million gallons
per day that they would process for free. However�as the population has grown, it has gotten close to that
cap. Mayor Curry reported that the OjCSD has raised the cap to 10 million gallons per day and commended
the OCSD for this action. k�\ _ _ 4y
16. MOBIL &TIE TELECOMMUNICATIONS PERMIT FOR OBELISK LOCATED AT 20661
NEWPORT COAST DRIVE (PMV13 -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 Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn
XVIII. CURRENT BUSINESS
17. PLANNING COMMISSION'S FINDINGS AND RECOMMENDATIONS ON RESIDENTIAL
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July 23, 2013
LOT MERGERS. [100 -20131
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 makes
improvements, and has the same ambiguity as when the matter was ffir°st considered. She noted
preference for the second recommendation and not the first. //
In response to Council Member Selich's question, Planning
noting that the Planning Commission believed that there
language relative to a lot being excessively large. The Plann
emphasis to lots that were immediately adjacent to subject pi
neighborhood level. He added that the findings are intender
more items that could be considered by the decisionAmakinj
finding. He added that the closer you are to thetprope�rty
consideration should be given to the pattern of development.
Mayor Pro Tem Hill stated that he cou
regarding looking for a solution for whic
many related issues and, going forward,
presented on an individual basis. He a€
language offers more clarity.
Council Member Henn commented on the
the lot, not with regard toe, he developm(
was the consensus of /he Plannine Coi
Manager Alford referenced Finding 5,
qfa lbt�of ambiguity in the current
ng Commission focused on giving more
)perties and moving out on the block or
to provide more guidance and present
body when they make a compatibility
(adjacent or adjoining lots), the more
ate to the cdmment made by the Planning Commission
re, is not a problem. He noted that the City has not had
icil ill -need to make decisions based on the information
with �Council`m ber Gardner on whether the proposed
�i)nct' ion that a decision needs to be made with regards to
�n the lot. Planning Manager Alford affirmed that this
seion. Council Member Henn believed that this is a
substantive difference lhn ithe Panguage fro v.. iat presently exists. He agreed that much is left to
interpretation, but indicatedAliat, if-Council-goes forward with the Zoning Code change, he would like
to see a mecha -nism for when, two lots are merged, the property would end up with the same total
there amount of setbacks as there would be for separate lots.
Council Member Petros ti�'lieved that the prior text of the Subdivision Code was very vague and
expressedNsupport for theRrevised language relative to adjacent or adjoining lots. Additionally, he
commende'4tth introduction of language relative to the possible harm to an individual or adjoining lot
which was not expressediin the previous Code. He agreed that the side yard setback is an issue that
should be reviewed. Het asked if that issue should be sent back to the Planning Commission to
ascertain a recom em ndation.
Council Member Selich stated that the Planning Commission may have believed that taking the
setback approach would create further inequities in the Zoning Code which would create more zoning
problems than dealing with the few lot merger requests in the City. He added that, if Council decides
to send it back to the Planning Commission, they should be given better direction. Council Member
Selich indicated that he would support the current recommendation.
Motion by Council Member Selich, seconded by Mayor Pro Tem Hill to a) remove Zoning Code
Amendment CA2012 -007 from Calendar; and b) direct staff to process an amendment to Title 19
(Subdivisions) to revise Lot Merger Finding No. 5.
The motion carried by the following roll call vote:
Ayes: Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council
Volume 61 - Page 242
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 br protection for residential
areas.
Motion by Council Member Gardner, seconded by Council MemberNSelich to direct staff to
bring back and agenda item that would propose lower subsidized room rental`fees for not - for - profits or
other community -based groups that use certain City locations, such as the Civic Center's community
room and an agenda item that would propose anance limiting or preventing the picketing of
individuals' homes.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council
Member Sehch, Council Member H
XIX. MOTIONS FOR RECONSIDERATION - None
XX. ADJOURNMENT - 8:05 p.m
The agenda for the Regc
website; on July 19, 2013,
entrance of the City'Cour
a.m. in the Meeting Ag gent
Civic Center Drive.
City Clerk
Tem Hill, Mayor Curry, Council
as posted on July 18, 2013, at 4:07 p.m. on the City's
rthe City Hall Electronic Bulletin Board located in the
at 100 Civic Center Drive; and on July 19, 2013, at 7:40
ed in the entrance of the City Council Chambers at 100
Recording Secretary
Mayor
Volume 61 - Page 243