HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
August 13, 2013
City Council Minutes
Study Session
August 13, 2013 — 4:30 p.m.
I. ROLL CALL _ 4:30 p.m.
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Excused: Council Member Daigle J .
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
Regarding Item 10 (School Resource Officer Program Agi'x;ement), Council Member Gardner
inquired regarding the functions that thJScl ool.Resources Officer does.
City Manager Kiff reported that tasks range from sfeaycheck truancy and acts as a go-
between between the student population a n it the suriondin "comiunity.
Regarding Item No. 15r(Req est to Install a A t4 Driveway Approach at 201 Sapphire Avenue),
Council Member Garrdner commented on avoiding having driveways in certain areas and
inquired on an adjacbi ttialley. �q
Public Works- ,rector W,&-b reported. - therefore two units on the subject lot which is
Regarding Item No. 10 (School Reesource Officer Program Agreement), Council Member Petros
reported this was to be provided to` ttlfill the obligations and roles of the school district and
listed Cher issues the City may possibly add to the mix.
City Manager,?Kiff reported that those issues are for a Civilian position, not the School
Resources Officerwho is typically on campus. He indicated other matters could be considered
at another time. L,_ r
Mayor Pro Tem Hill0commented on Item No. 3 (Consideration of Ordinance No. 2013 -14
Amending the Harbor Commission's Purpose and Responsibilities), requesting a written update
on the Eelgrass issue and comments on stone groins.
2. TREES: CITYWIDE URBAN FOREST MAINTENANCE PROGRAM [100 -20131
Deputy Municipal Operations Director Pisani introduced the item and deferred to staff for a
report.
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City Council Study Session
August 13, 2013
Park and Tree Superintendent Sereno provided a PowerPoint presentation on the City's Urban
Forest Maintenance Program. He addressed the goals of an Urban Forestry Program, the
make -up of the City's urban forest and Budget Highlights.
Discussion followed regarding the Tree Reforestation amount and its historical pattern.
Park and Tree Superintendent Sereno overviewed Council Policies G -1 (Retention or Removal
of City Trees), G -3 (Preservation of Views), and G -6 (Maintenance and Planting of Parkway
Trees). Regarding tree maintenance, he reported that pruning is the` most significant task and
reported that up to 14,000 trees are pruned per year. He addressed the general pruning cycle,
removal of trees, planting and emergency services. He notbdrtliat removals are generally for
diseased or dying trees and detailed the Parks, Beaches and;Recreation Commission's role. He
presented information regarding the Arbor Day Foundation e awards including criteria for
becoming a Tree City USA and addressed challenges to Urban Forest A4janagement.
In response to Council Member Gardner, Park aril Tree Superintenderit.Sereno reported that
palm and eucalyptus trees are susceptible to disease beeau se of the City's c mate.
Park and Tree Superintendent Sereno continued reporting on challenges to the urban forest,
including development pressures, planting the wrong tree in the wrong place, watering and soil
types. He noted that the City wil]Nbe downsizing the urban forest because parkways can't
support certain trees. He presentedia list,of pending Tree�Division projects including a Request
for Proposal for tree maintenance servo es and revisions to the Street Tree Designation List.
In response to Council Member Gardner,
there is a long -term vision for the urban
diversity; however, st. is ilso reactive be
are constantly exotic pests'lieing brought=
managements best practice I and limits the
relationship with the, Civic, enter landsc
plant. He addressed staffs`;eifoxts.in select
be smaller �n_il�c' future winch will red ce t
Park
Sereno confirmed
t/,based on - population density, species and age
e trees are living and growing things and there
the area. He reported that the City uses pest -
mot of pesticides used and referenced a working
architect in determining the types of trees to
She right tree for the location and that trees will
ze of the canopy in the urban forest.
Pro Tem. Hill ?commented on the notification Council receives regarding each tree
and noted that"'ip every,nstance the phrase "without replacement due to budget" has
Juded. He asked how staff will prioritize the trees that will be replaced.
Park an`d;SuperintendentlSereno reported there is a standing list of trees needing replacement
based on budgetary cutbacks but that staff is currently replacing trees as they are being
removed. ti 1�, il. '
Mayor Pro Tem Hill "r uested distributing the list of removed trees, electronically.
Ken Jaggers distributed a hand -out to Council and commented on the large number of trees
missing in and around his neighborhood. He felt that the budget is inadequate for the
replacement of trees and encouraged Council to look aggressively at the matter. He estimated
that the number of trees needing replacement is in the thousands.
City Manager Kiff stated that sometimes there is an issue of species availability and wondered
whether enough resources are available.
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City Council Study Session
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Deputy Municipal Operations Director Pisani felt that the budget is sufficient for this fiscal
year but that the matter merits consideration for the next fiscal year.
Discussion followed regarding the costs of replacing trees.
Bob Shelton commended staff for their efforts but felt that part of the problem relates to the
burdensome and contradictive Policies in existence. He also expressed concerns with the high
cost of tree replacement and the ability to make choices on the species
Barbara Shelton spoke on association view issues and expressed "concerns with over - trimming
She distributed a hand -out to Council. In addition, she inquired on the possibility of removing
trees inside the parkways allowing individual homeowners tondo something else with the
parkway. /" V
Jim Mosher referenced comments he submitted in %'writing and believes it4s,a problem that the
Municipal Operations Department has no presence in' City Hall. Additibislly, he felt that
consideration should be given to the Parks, Beachesand Recreation Commission's B &R) role
in the process and suggested that Council d re&t PB &R to study the proble2in depth and
addressed the problem of vacancies and the tree li`stN
Karen Tringali, Corona del Mar Re'si
trees during the last few years, addr
within Corona del Mar Village that
matter a top priority for future plans.
Council Member Gard
wondered if the Cityj ai
r`r
Council Member Henn
planting trees in some,
replahem "\
Discussion followed re
depending depending on the avail'g
Mayo Curry expressed
Z<
3. SOUTHERN,CALIFO
ENERGY ACTION PI
the pace
he would
:ed on the loss of large canopy
reported that there are blocks
.asked that Council make the
on having PB &R review the Policies and
ing some of the trees.
to see a plan where progress can be made in
increasing the population of trees as well as
possibility of planting 24" box trees rather than 36" box trees
need to accelerate the pace of replacing and planting trees.
A EDISON (SCE) ENERGY LEADERSHIP PARTNERSHIP -
(100 -20131
Public Works Director Webb introduced the Item and deferred to staff for a report.
Deputy Public Works Director Thomas provided a PowerPoint presentation addressing details
of the Energy Action Plan. He addressed levels of participation in the partnership, funding for
the plan, objectives of the program, action steps, details of the reduction goal, baseline and
target goal of reduction and department acceptance. Additionally, he highlighted on projects
completed which have resulted in substantial energy savings.
In response to Mayor Pro Tem Hill, Deputy Public Works Director Thomas advised that the
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City Council Study Session
August 13, 2013
III.
LEED certified building savings resulted from the design of the Civic Center if we would not
have implemented the LEED measures.
Deputy Public Works Director Thomas presented a list of future projects with the respective
energy savings and addressed increased community outreach.
Council Member Gardner inquired on ways to reach residents on conservation.
Janelle Godges, Southern California Edison, commended City staff and addressed moving
customers towards times of use noting that the time of day electricity is used is just as
important as the amount of electricity used. She noted there are a variety of programs for
customers to reduce their energy usage and bills.
In response to Council Member Petros's inquiry,
strictly voluntary and has been patterned after AB
of the plan is
Council Member Petros commented positively ,6E the pl }n noting that it is gobd planning and a
wise use of resources. He commented against cbasi�ngla mandate from Sacramento and felt that
if the City is going to do this; it should do it becausedt s good for the community. ti
Deputy Public Works Director Thomas noted that tus�is being done on a proactive basis and
not in reaction to any mandates.
Council Member Henn expressed concern associated with' these programs, specifically,
regarding solar panel conversions. Ms Godges stated that what the City is proposing is to
become a leader in the community. As the City move up in the tier level it will get higher
incentives and rebates�Sheladded that solar rats are comprised of the costs of electricity and
offsets the load on the grid dOing peak, critical times.
Deputy Public Work `Dn
and monitoring energy
Cournne'd Iember Gardner
,f/ ��
1Nayor Curry commende`
JimMo''sher commented
efficient than providing 1
Brief di
Thomas addressed
N
s well as next stepi
U
raged staff tc prin
fithe action plan.
funding sources, energy policies, and tracking
on both sides of the paper.
the alternative of having no street lights is even more energy
that are not needed in some places.
alternate street lights.
City Attorney Harp announced items to be considered under the Closed Session Agenda
Jim Mosher pointed out recent instances where the public may perceive a misuse of the limited
privilege of Council to hold Closed Sessions.
IV. ADJOURNMENT - 5:54 p.m.
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City of Newport Beach
City Council Study Session
August 13, 2013
The agenda for the Study Session was posted on August 8, 2013, at 4:34 p.m. on the City's
website; on August 9, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin Board located
in the entrance of the City Council Chambers at 100 Civic Center Drive; and on June 9,
2013, at 8:00 a.m in the Meeting Agenda Binder located in the entrance of the City Council
Chambers at 100 Civic Center Drive.
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Agenda Item No. 1
August 13, 2013
City Council Minutes
Regular Meeting
August 13, 2013 — 7:00 p.m.
I. STUDY SESSION - 4:30 p.m.
II. CLOSED SESSION - 5:54 n.m.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov rnrnent Code §
54956.8): /J n
Ia
Properties: Three parcels owned by the Gity�of- Newport Beach and identified as (1)
APN 048- 310 -01 consisting of unimproved i gh't -of -way extending west of'G Street to
Channel Road; (2) Unimproved right -of -way extending from the eastern terminus of
Canal Street to the terminus of Lancaster Street; (3)Ivnimproved right -of -way extending
from terminus of Summit Streettto terminus 36th Street; and (4) Unimproved right -of-
way extending from the terminus of•A Street_to 250 feet southeast of E Street.
Agency Negotiator: Dave Kiff,
Negotiating Parties: Parties may include: (1) Owners of property coterminous to APN
048 - 310 -01; (2) rOwners�� of property �caterminous to the unimproved right -of -way
extending from the eastern terminus of Canal Street to the terminus of Lancaster Street;
(3) Owners of property eoterminous to the unimproved right -of -way extending from
terminiA of:SummWSE eet terminus,36tli Street; (4) Owners of property coterminous
to-theunimp'roved right -of -way extending from the terminus of A Street to 250 feet
southeast of E Street; (5) County of Orange; and (6) the State of California.
to the City's negotiator will concern price and terms of
COUNSEL - EXISTING LITIGATION (Government
Code § 54956.
1. Morningside Recouery, LLC, et al. u. City of Newport Beach
Orange County Superior Court Case No. 30- 2011 - 00505900 -CU -WM -CJC
2. MORN et al. u. City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011 - 00447004 -CU -WM -CJC
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
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August 13, 2013
Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri
Cassidy, 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 Associations (NBFMA); Lifeguard
Management Association (NBLMA); Newport Beach Part Time'Unit (UPEC, Local 777);
Newport Beach Police Association (NBPA); Newport,,, each Police Management
Association (NBPMA); and Newport Beach Professional and Technical Association
(NBPTEA)
III. RECESS
IV.
V. ROLL CALL
Present: Council Member Gardner, Council Member
Council Member Selich, Council Xkmk er Hen
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT,
City Attorney Harp reported-that here were no reporta
VII.
VIII.
►M
Mayor Pro Tem Hill, Mayor Curry,
ble actions taken.
of Plaques to Outgoing Board and Commission Members
Mayor Curry invited former Board and Commission members to the podium. Phillip Lugar and Ralph
Rodheim were presented with+ plaques in recognition for their service to the City through their
respective positions on -,it Buards and Commissions.
Mr. Lugar expressed his appreciation for the opportunity to serve and noted his retirement and move
to the City of San Clemente.
Mr. Rodheim thanked his wife for enduring eleven years of Harbor Commission meetings, commented
positively on the experience and thanked Council Member Gardner for her support as Council Liaison
to the Commission as well as Council for its attention to the Harbor. He thanked City staff and the
City for the opportunity to serve.
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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.
Council Member Henn reported attending a meeting in San Francisco along with Council Member
Selich and Public Works Director David Webb with the Executive Director of Coastal Commission
staff and the Vice Chairman of the Coastal Commission to discuss the ability of staff to move forward
with the permit issuance on Marina Park and Sunset Ridge Park and t�help the City move forward
with the Local Coastal Implementation Plan. He commented positively. on the discussions and noted
expenses incurred on behalf of the City. He announced notification that the Marina Park permit is in
the mail. He thanked Council Member Selich, Public Works Dir6dtor Webb and consultant Don
Schmitz for their participation and assistance.
He announced an upcoming meeting of the Balboa Village'Advisory Committee that will be held on
August 14, 2013 at 4:00 p.m. at ExplorOcean and listed items on the agenda. Additionally, he
reported attending the wrap -up meeting for the Fourth �of July es commenced positively on the
meeting and noted that it is a resident - driven activity with good ideas presented for improvements in
the future. ! \I
Additionally, he announced several outreach meetings o -the subject of Harbor rents to determine
whether refinements are needed to CouhZiPs_ prior decisiong,,and receive public input. The first
meeting will be held on August 15, 2013 at\ 300,p,m. at OASIS and the second on August 21, 2013 at
6:00 p.m. at OASIS. He urged public particip4ion.
Council Member Selich reported on the CoastalaComm s' ion meeting And felt that it was productive.
He felt that attendees were,able to get a better undeerstanding`of the limitations under which the
Coastal Commission worksr Hel announced an /upcoming meeting of the Land Use Element
Amendment Advisory Committee on Tuesday, August 20, 2013 at 3:30 p.m. in the Friends Room of the
Library.
Council Member�Petros expressed'-lus gratitude ,for surviving a recent coronary episode and
encouraged re'sideneg-to see their doctor egul rly and check for signs of cardiac health. He
announced^a upcoming "Hootenanny the Heights" event which will be held on September 22, 2013,
from 11;00 a.m. to 2:00 p.m.
Mayor Carry announced the City's award�as "Tree City USA" as well as receiving awards for Pension
Reform aneaanother for Government Efficiency, Planning and Arts efforts. He reported that the
Government Finance Officers Association has awarded the Certificate of Achievement for Excellence
in Financial Reporting to the City. Additionally, he recognized the City Attorney for the recent report
regarding continuing ^to manage litigation costs indicating that the City Attorney's Office ended the
1 11
Fiscal Year, under budg ,by $377,634.
Regarding Item 16 (Newport Beach Restaurant Association Business Improvement District (BID)
Fiscal Year 2013 -2014 Advisory Board Appointments), Jim Mosher commented on the Committee's
oversight of $193,000 of public funds during the next year. He felt that the assessment for food sellers
was not levied in accordance with State law in that they were not provided with a report detailing how
the money will be spent prior to the assessment and denying them their right to meaningful protest.
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August 13, 2013
Additionally, the eleven volunteers are all business people but are unaware of the ethics and
responsibilities that bind business people entrusted with the expenditure of public funds and that by
accepting the appointments are becoming public officials. He felt that it is Council's duty to see they
adhere to the Conflict of Interest policies. He hoped that Council will address the legality of this
year's levy and the need for appointees to be responsible under FPPC rules.
George Schroeder commented on Item No. 19 and felt that the matter needs further consideration and
to treat everyone equally.
)III. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
la
C.
1. MINUTES FOR THE JULY 23, 2013 STUDY SESSION AND REGULAR
MEETING. [100 -20131 Waive reading of subject minutes, approve as written, and order
filed. [100 -2013] /.�
2. READING OF ORDINANCES. Waive reed ng in full of all ordinances under
consideration, and direct the City Clerk to e ad by title only.
3. CONSIDERATION OF ORDhNANCE -N.O. 2013-1-11, AMENDING THE HARBOR
COMMISSION'S PURPOSE `AND RES'P.ONSIBILITIES. [100 -20131 Introduce
Ordinance No. 2013 -14, An Ordinance of the City;{ouncil of the City of Newport Beach
Repealing Ordina ee No. 2001 -25 Amending the Harbor Commission's Purpose and
Responsibilities; and pass to second reading on September 10, 2013.
5. RESOLUTION \NO. 2013;64: f - ADOPTING A MEMORANDUM OF
r�UNDERSTANDING WITH THE ASSOCIATION OF NEWPORT BEACH OCEAN
' LIFEGUARDS,'(ANBOL)�(C2058). [38/100 -20131 Adopt Resolution No. 2013 -64, A
Resolution of the�City Coun;il of the City of Newport Beach Adopting a Memorandum of
\Understanding B. ween the tty of Newport Beach and the Association of Newport Beach
Qcgan Lifeguards (�INBOL), for the period July 1, 2012 through June 30, 2014.
6. IRVINE,,, AVENUE PAVEMENT REHABILITATION - APPROVAL OF A
COOPEMATIVEr AGREEMENT WITH THE COUNTY OF ORANGE (C- 5562).
[38/100 -20131 ja) Approve a Cooperative Agreement with the County of Orange for the
Irvine Avenue Pavement Rehabilitation project; b) adopt Resolution No. 2013 -65, A
Resolution of the City Council of the City of Newport Beach for the Declaration of Irvine
Avenue within the City of Newport Beach to be a County Highway During Construction of
the Project; and c) approve Budget Amendment No. 14BA -007 appropriating $170,000
from the unallocated Gas Tax fund balance to CIP Account No. 7181- C2002072.
D. CONTRACTS AND AGREEMENTS
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August 13, 2013
E.
BAYSIDE COVE WALKWAY - AWARD OF CONTRACT NO. 5276. [381100 -20131
a) Approve the project drawings and specifications; b) relieve the lower bidder Aghapy
Group, Inc. of their bid due to computation errors; c) award Contract No. 5276 to GMC
Engineering, Inc. of Tustin, for the total bid price of $147,967.00, and authorize the
Mayor and City Clerk to execute the contract; and d) establish a contingency of
$15,000.00 (approximately 10 percent) to cover the cost of unforeseen. work.
8. BRISTOL STREET LANDSCAPE IMPROVEMENTS - AWARD CONTRACT NO.
4843. [381100 -20131 a) Approve the project drawings and specifications; b) award
Contract No. 4843 to KASA Construction, Inc. of Ontario, for the total bid price of
$423,160.00, and authorize the Mayor and City Clerl�-io execute the contract; and c)
establish a contingency of $63,475.00 (15 percent) to cover cost of unforeseen work.
9. AMENDMENT TO THE CENTRAL PARKING SYSTEM (CPS) AGREEMENT (C-
4767). 38/100 -2013 Authorize the Ma yo'and City Clerk to a
[ J y ; , y pprovi?,an amendment to
the CPS Agreement which would proinde fofertain not -to- exceed amounts for the
management of the Corona del Mar Parking Lot and the Balboa Parking�liot.
10. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT (C- 3309). [381100-
20131 Approve the Agreement- between the C tv °of Newport Beach and the Newport-
Mesa Unified School District t4articipate in the School Resource Officer Program, and
authorize the Mayor and City Clerk to'ex6c to the agreement.
11. TEMPORARY EMPLOYMENT AGREEMENT) WITH FORMER CITY
EMPLOYEE, SHONTEL SHERWOOD (C- 5566). [381100 -20131 Authorize the City
Manager to execute a�Temporary Emplroyment Agreement (TEA) with retired employee,
Shontel Sherwood, to;fill the position of Custody Officer until all vacancies can be filled.
AGENDA FOR AUGUST 8, 2013. [100 -20131 Receive
and file.
14. `"SUSAN G. KOMEN - RACE FOR THE CURE" BANNERS - APPROVAL OF
y
ENCROACHMENT PERMIT N2013 -0212. [100 -20131 Conditionally approve the
11,
request�of "Susan!)'G. Komen - Race for the Cure" for installation of 89 banners, from
Monday; August 26, 2013, to Monday, September 23, 2013, for the annual "Race for the
Cure" even`t(installation will be along Westcliff Drive, Jamboree Road, East Coast
Highway, an4�-MacArthur Boulevard).
15. REQUEST TO INSTALL A NEW DRIVEWAY APPROACH AT 201 SAPPHIRE
AVENUE. [100 -20131 Approve a new 16 -foot wide driveway approach on Park Avenue
for access to the property per City Council Policy L -2, Driveway Approaches, provided
the property owner obtains an encroachment permit from the Public Works Department.
16. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
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August 13, 2013
DISTRICT (BID) FISCAL YEAR 2013 -2014 ADVISORY BOARD
APPOINTMENTS. [100 -20131 Appoint the following persons to serve on the Newport
Beach Restaurant Association BID Advisory Board of Directors for FY 2013 -2014:
Joe Campbell (Ruby's Diner), Sheri Drewry (Wilma's Patio), Eldy Gahetta (Barolo
by the Sea), Thomas Giulioni (Back Bay Bistro), Nicole Hay (21 Oceanfront),
Cindy O'Shea (Whole Foods), John Robinson (Amelia's Seafood & Italian
Restaurant), Ronald Schwartz (Muldoon's Irish Pub), Sumeth' Tila (Royal Thai
Cuisine), Jim Walker (The Bungalow Restaurant), Ali Zadeh (Port Restaurant and
Bar) fi
17. APPROVAL OF COMPARATOR AGENCIES�FORATHE FOX LAWSON &
ASSOCIATES (FLA) CLASSIFICATION AND COMPENSATION STUDY (C-
5176). [381100 -20131 Use the comparator citiost of Carlsbad \hula Vista (new), Costa
Mesa, Fullerton, Huntington Beach, Irvine Oceanside, OrariK,,Santa Ana, Santa
Monica (new), and Torrance for the remain g FLA compensation review; and no longer
use the cities of Anaheim and Long Beach as comparator cities. \\ \
18. START RESERVE FUND TRANSFER'. 1100 -20131 Authorize Budget Amendment
No. 14BA -008 for the transfer of $26,550.00.from the General Fund START Reserve
Account 010.3758 to Fire EMS, Account 2340- 7042,to fund the personnel costs associated
to back -fill one firefighter duringcompletion of paramedic field internship [per Council
Reserve Policy F -2, the excess revenues generated from the START Program are to be
used for START training materials and --to -enhance paramedic, EMT, and Mobile
Intensive Care Nurse J
�(MICN) prer`�spital.education�>.�
19. DIRECTION_FTO STAFF ON ONE,I S . [100 -20131 Direct staff to return to the
City Council with an agenda item` €hat would consider lowering or eliminating the
business license tax :for the business classification that includes real estate agents who
work within of arer.affiliated with larger real estate brokerages which also have a
Zvi
Motion.bvjMayor Pro Tem\Hill,'seconded by Council Member Selich to approve the Consent
Calendarlexcept for items removed (4 aid, 12).
The motion carried by the following roll call vote:
Ayes: Council Member Gardiner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich; Council Member Henn
Absent: Council Membe,Daig`le
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. AMEND AND REAFFIRM COUNCIL INVESTMENT POLICY (F -1). [100 -20131
Council Member Gardner observed that the City is reducing its requirements across the board
and requested clarification of the Item.
Finance Director Matusiewicz reported the intent is to allow the City to diversify its assets into
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City Council Minutes
August 13, 2013
different asset classes and increase investment opportunities.
Council Member Henn added that one of the changes was to allow another year of maturity and
that there might be an opportunity to gain more yield. He noted that the City's quality
requirements are high but still overall in a conservative quality position in terms of
investments.
Motion by Council Member Gardner, seconded by Mayor Pro Tern. Hill to adopt
Resolution No. 2013 -63, A Resolution of the City Council of the City of Newport Beach Finding
Consistency with Stated Investment Objectives and Amending,, City Council Policy F -1,
Statement of Investment Policy, to Align Policy with State Code „Allow for Greater Investment
Diversification, and Provide Greater Clarity to the Investment Advisors, approving proposed
amendments to, and reaffirming Council Policy (F -1) State;, ent of Investment Policy as
presented.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petids, Mayor Pro Tem"Hill, Mayor Curry,
Council Member Selich, Council Member Hennl
Absent: Council Member Daigle
12. APPROVAL OF AN EXCLUSIVE NEGOTIATING AGREEMENT WITH OLSON REAL
ESTATE GROUP, INC. FOR THE,-REUSE OF THF,�.FORMER CITY HALL COMPLEX
(PA2012 -176) - 3300 NEWPORT BOULEVARD & 475�32N D STREET (C- 5567). [381100-
2013] it
Council Member
business in Via I
Council Membert
that the hearing'
public event. He
Office an(l- Gour
Manager Kiff i(
ently throughout
opment and the C
exclusive n6�otiat
of one year with,
and City Clerk
actions necessary
if
relationship with a
:d excitement that this matter is moving forward. He noted
was well atended and hoped that this will continue to be a
ification regarding the interplay between the City Manager's
,-the-,frequency of receiving updates on the negotiations,
Lent on specific issues and the terms of the transaction.
staff will update Council frequently and obtain input
He would like to meet with the Director of Community
;o develop a formal proposal for Council.
er Petros, seconded by Mayor Pro Tern Hill to a) approve an
Lent with Olson Real Estate Group, Inc. of Irvine for an initial term
a cumulative extension of three months, and authorize the Mayor
the exclusive negotiating agreement; and b) direct staff to take
)nt the terms of the agreement.
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
Absent: Council Member Daigle
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August 13, 2013
Recused: Council Member Henn
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
9111
John Packer references his presentation, "Newport Beach City Employee Costs - The Good, the Bad
and the Ugly" stating that City employee head count has grown only 9% over the last fourteen years.
He commended Council on outsourcing and in getting employees to pay a portion of their benefits. He
commented on previous consideration by Council of the City Manager's salary and felt that it was
misleading in that it was not compared to the salaries of previous City Managers. He reported
researching previous salaries (1998/1999 budget) and found five positions for which salaries have
increased by almost double the rate of inflation. He mentioned the recent recession, job losses, public
employee benefits and unions. He believes that staff recommendZrat the public's expense, biased
studies that always conclude that City employees need a raise.,�He' provided his suggestions which
includes outsourcing, decreasing staff levels, increased employee conirrbution rates and capping
salary increases. He distributed copies of his presentation and related statrstics to the City Clerk.
Jim Mosher commented on communications sent to Council
the City Clerk and posting them. He spoke regardt g the
and the value to the public of all of the City's busi
City of Newport Beach
City Council Minutes
August 13, 2013
number of piers that encroach. Another option would be to repeal that section of the ordinance
and allow all transfers to be handled through the Harbor Resources process.
Council Member Gardner felt that more discussion is needed on the matter and wondered why
a change is necessary. She added that Mr. Barnette's letter brought up interesting points that
should be considered relative to residential piers and other uses.
Assistant City Attorney Torres reported that most piers comply with the rule and do not extend
to other property lines and permits are processed administratively. The matter under
consideration is whether those few piers that extend over other property lines should also be
processed administratively or through the Harbor Commission h afing process. He added that
commercial piers are allowed to extend beyond property lines. /j
/r 4i
City Attorney Harp addressed efforts to clean up theuniitipa\1 Code, noted the options
presented and reported that ultimately, it will be up to Council to decide.
Discussion followed regarding distinctions
streamlining the Code and findings way to
transfers of properties, allowing all residenti€
level and the possibility of a discretionary pert
In response to an inquiry from Council Member Pi
that an applicant wanting a rental business would
CDD review. The change would noti utomatically
the applicant would need to go through other discre
is proposed for estate - planning purposes only.\
Chris Barnette, a
prolongation of the
current Code and c
He addressed the:'f
would allow the ill
congestion and not
delay
nse to an inc
structure is a
Assistant", City Attc
intensification of use
5 and that Y nsifi(
would require aiiinin
Council Member
en residential —ant
itlwork better for
itv to be transferred
ess in specific cases.
commercial piers,
iidents, addressing
.,an administrative
Assistant City Attorney Torres noted
teed a business license, a permit and
We the operation of the business and
v reviews. He added that the transfer
noted that Comm rcial piers�ay extend to, but not past the
%line. He felt that +thus is an anomaly and not permitted under the
d that his client is significantly harmed by the proposed changes.
legal structure 'nd that if Council were to approve the changes it
cture to go on. He added that multiple boats increase traffic and
ieCapplicant now Wants to expand the operation and that under the
m of`the- use- wilPnot trigger any review by anyone. He urged
Eo consider traffic and parking impacts engendered by the change.
Member Selich, City Attorney Harp agreed that the
ng use.
Torres responded to Council Member Petros on whether the
trigger this part of the Code reporting that Option 1 would add item
of use would require review by the Harbor Commission. Option 2
ve review by the Harbor Resources Division,
noted that the issues are different and should be treated differently.
Jim Mosher agreed with Council Member Gardner's comments and felt it appropriate for the
Harbor Commission to review encroaching piers when they are going to be transferred. He
expressed concern regarding the proposals originating through Council and not being taken to
the Harbor Commission for consideration and could not remember when Council provided
direction of this sort. He pointed out that the 508 S. Bay Front encroachment was never heard
before the Harbor Commission and referenced a recent Closed Session item for this address.
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City Council Minutes
August 13, 2013
He hoped that Council will send this matter to the Harbor Commission for a more thorough
public review.
Larry Kallestad addressed parking problems because of the heavily- impacted public pier at the
end of Opal. He expressed concerns with additional impacts by the proposed business venture.
He hoped that off - street parking will be required of the new business at the site and encouraged
Council to retain Section 17.35.020F along with the amended subsection proposed, thereby
retaining control and direction over the situation.
Susan Riddle read an opposition letter to the proposed changes in'-the ordinances, addressed
dock encroachments, referenced a Site Agreement, and the lack of- available off - street parking.
Jerry Kelleher spoke in opposition to the changes and urgdd-'�Couuncil to consider parking on
Balboa Island.
Jackie Flora continued reading Ms. Riddle's letter, urged Council of bo rush to judgment and
commented on existing parking problems on Balbod Island. She subm tted a copy of the letter
along with signatures of seventeen (17) residentsn opposition to the prop sed +changes.
Council Member Selich identified the di£ferenf,"iss(tes at hand. He added thatjthe use of the
pier will need to stand on its own relative to compliance with City policies and procedures. The
issue under consideration at this time is the transferof pier permits. He agreed with the City
Attorney of making the matter consistent with exis£i %procedures relative to inter - family
transfers.
Motion by Council Member Selich` seconded bv. Council Member Henn to introduce
Ordinance No. 2013 -15, An Ordinance of
�the Cit)ACouinci`¢frCity of Newport Beach Amending
Sections 17.35.020(F) anV.W.60.060 of the Newport Beach,Municipal Code to Allow Certain
Administrative Transfers of Tidelands Permits and to Require Commercial Tidelands Users to
Defend and Indemnify the City of Newpor6&ach, and pass to second reading on September 10,
2013. <"� N \�
Council Member Herin felt- th6Ctbe- solution' moved puts the matter in a more consistent
pattern. wi h- how -the Cit`y<would treat- �e en esl items of this nature.
Member Gardner felt that the current Code should continue to be followed including
edures for review by the Harbor Commission. She indicated that she will not support
Petros agreed with Council Member Gardner.
Mayor Pro Tem,,Hill agreed with Council Member Selich, noting the legal non - conforming issue
and per the Code�if there is a change in functionality, the matter should go before the Harbor
Commission. He in icated support for Option 1 but felt that more needs to be done to ensure
the coordination olf business activities. He commented about inter - family transfer and
ownership of businesses for estate - planning purposes and expressed his support of the addition
of paragraph 5.
Mayor Curry reported that anyone can apply for a business license which does not speak to the
legitimacy of the land use.
City Attorney Harp confirmed that with expansion of the use, there would be different
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City of Newport Beach
City Council Minutes
August 13, 2013
regulations that apply.
Council Member Petros commented on subsection 5 noting that the matter relates to transfers
between family members or between entities owned and controlled by the same person. He
stated he would reconsider if the transfer were to be only between family members.
Mayor Curry addressed the two issues at hand and the desire to ensure that the City in no way
provides an exemption or pass regarding intensification of use.
City Attorney Harp offered to add clarifying language to prevent
back for a first reading.
continue the item to the September 10, 2013 City
The substitute motion carried by the following roll
Ayes: Council Member Gardner, Council
Council Member Selich, Council M
Absent: Council Member Daigle
21. CONSIDERATION OF AN ORDINANCE
NEWPORT BEACH MUNICIPAL�CODE PERT
PICKETING. [100 -20131
City Attorney Harp reported an increase in the
individual member of the community. `He addre
problem and proposed ai~eeation of a buffer zone of
Mayor Pro
and bring the item
to
Mayor Curry,
CHAPTER 10.68 TO THE
TO TARGETED RESIDENTIAL
of residential protests targeting an
ys other cities have addressed the
in '\ feet around a home.
Jim Mosher felt that this i's' a difficult issue related to balancing the right to free speech on
public property against the fight to personal privacy. He alleged that Council is relying on the
advice of a City A torney's {9ffrce that tends ,to simplify matters. He felt that the proposed
ordinance is_ overly broadz_arid -`rmn ;cessary and?recommended that Council read the U.S. Court
of Appeeaals-ccase'of,Klein vs. San Diego beforemaking its decision.
f ~
City Attorney Harp eonfumedrevrewing the referenced case and reported that the City's
ordinance was modeled after one`from the City of San Jose and relates to the distance from
res deuces. He noted tha6these types of ordinances have been uniformly upheld by the courts.
Nancy Skinner spoke in support of the proposed ordinance.
George Schroeder expressed concerns regarding impacts to all residents in a neighborhood, not
just the one being picketed.
Council Member Gardner and Mayor Curry felt it important to protect the neighborhood and
ensure public safety.
Motion by Council Member Gardner, seconded by Mayor Curry to introduce Ordinance
No. 2013 -16, An Ordinance of the City Council of the City of Newport Beach Adding Chapter
10.68 to the Newport Beach Municipal Code Pertaining to Targeted Residential Picketing, and
pass to second reading on September 10, 2013.
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City Council Minutes
August 13, 2013
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
Absent: Council Member Daigle
XVIII. MOTIONS FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 8:33 p.m, in memory of Ann
The agenda for the Regular Meeting was posted on August 8, 2013, at 4:34 p.m. on the City's
website; on August 9, 2013, at 8:00 a.rrL on the City Hall Electronic Bulletin Board located
in the entrance of the City Council Chambers at 100 Civic Center Drive; and on August 9,
2013, at 8:00 a.m. in the Meeting Agenda Binder located in the entrance of the City Council
Chambers at 100 Civic Center Drive
\r
Volume 61 - Page 260