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HomeMy WebLinkAbout01 - Minutes 07-12-11Agenda Item No. 1 July 26, 2011 e City Council Minutes City Council Study Session July 12, 2011 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. RegaRegarding Item 3 (City Administrative Department Restructuring and Renaming), Mayor Pro Tem Gardner commented regarding spacing issues within the report. She also referenced Item 11 (Planning Commission Agenda for duly 7, 2011) and requested that the names of who voted be included in the report. 2. SEA LIONS IN NEWPORT HARBOR. [100-20111 Harbor Resources Manager Miller provided the staff report and utilized a PowerPoint presentation to discuss sea lions in the Harbor, issues and problem areas, what is working and other ideas. and National Marine Fisheries Service information. In response to a question from Mayor Henn, Harbor Resources Manager Miller clarified that a "bull pole" is a blunt pole. Chuck South, South Mooring Company, spoke regarding spraying the sea lions with water and "dispersing the crowd' as a noise abatement tactic; stated that National Marine Fisheries has not established rules regarding of what can and cannot be used on sea lions, but they are working on it; and stated that he uses poles, water, and lights, noting that lights are the most effective tool since sea lions do not see well in the light. He indicated that they do not hurt sea lions, sea lions are trainable and can be trained to spread out, and any aggressive deterrence by harming the sea lions is not the answer. In response to questions from Council, Chuck South stated that he does keep a pole aboard the boat but it is more for self defense, noted that he has never had to use the pole to defend himself or prod the sea lions away, and recommended using motion - detected sprinkler systems on docks. 3. CODE ENFORCEMENT CITATION PROCEDURES. [100 -20111 Code Enforcement Supervisor Cosylion presented a staff report and utilized a PowerPoint presentation to discuss the Code Enforcement Division, current practices, what warrants investigations, 2010 report of cases, citations by category, problem cases and repeat violators, and recommendations. In response to questions from Council, Code Enforcement Supervisor Cosylion clarified that if a person says a code enforcement officer cannot enter the premise, they work with the City Volume 60 - Page 194 City of Newport Beach City Council Study Session July 12, 2011 Attorney's Office and provide them with the evidence that supports the violation in order to obtain an inspection warrant. He stated that most cases are resolved with one warning notice. He discussed the concept of using volunteers to follow up on cases and noted that the volunteers would be assigned to a code enforcement officer and would not have citation authority or issue any citations. In response to questions from Council, Code Enforcement Supervisor Cosylion stated that the vision of the volunteer program is to help out the current officers with some of their caseload and backlog of complaints, stated that he does not envision the volunteers proactively sweeping the neighborhoods and looking for violations but rather conducting follow -up activity for the officers, as well as filing and inputting information into databases. He stated that the volunteers will have a combination of field work and office functions which will help the officers spend more of their time investigating bigger issues. He added that they initially want to start small so they can have a good handle on the program, noted that there is a lot of work that needs to be done, and stated that the volunteer program will help them resolve cases quickly. . Council Member Rosansky stated that he is not in favor of Option 1 which increases the fines for administrative citations and stated that he would rather support Option 2 which includes the addition of Level 4, a $1,000 citation, to the existing fines for administrative citations. Council Member Curry spoke regarding the 99% compliance at Level 1 for administrative citations and stated that the additional fines, powers and volunteers are focused on 1% of the problem. Mayor Henn stated that it seems like the system is working well through the second level of fines, referenced the 99% compliance between Levels 1 and 2, suggested eliminating Levels 3 and 4 and instead refer it to the City Attorney's Office after Level 2 of noncompliance, and suggested that there be a fine associated with a citation being sent to the City Attorney's Office. He spoke about the need to take prompt action against the 1 %, and stated that eliminating Levels 3, 4 and 5 will greatly speed up the timeframe in which the City deals with the scofflaws and the 1% of violators. City Manager Kiff stated that be is uncomfortable with eliminating Level 3 because it is an enticement to the person at Level 2 to not reach Level 3. Mayor Henn stated that he would be willing to keep Level 3 or raise it to a larger amount, as long as it is assessed at the same time it is referred to the City Attorney's Office. Community Development Director Brandt recommended shortening the timeframe between Levels 2 and 3, and stated that they do not have to give the same initial time period for corrective measures to occur. Mayor Henn stated that he does not see the need for Levels 4 and 5, and stated that he would like to see it go to the City Attorney's Office at the Level 3 citation point. City Attorney Hunt spoke regarding having Levels 3 and 4, with Level 4 being the added citation and recognizing that code enforcement officers have discretion as to which citation to issue. He stated that they need to work together and make the determination to get early resolution by the third citation whether it is a Level 3 or Level 4. Further, going to five citations plus a couple of Notice of Violations (NOVs) is too much and will use too much staff time. He indicated that he would like to keep the tools available for staff to utilize at their discretion. Volume 60 - Page 195 City of Newport Beach City Council Study Session July 12, 2011 In response to Council discussion, Code Enforcement Supervisor Cosylion stated that they typically issue weekly citations but also issue daily citations depending on the violation. He noted that some of the violations that would be issued a daily citation include land -use violations and use permit violations, and noted that they use discretion and give individuals a reasonable timeframe to comply. Discussion ensued between Council regarding transient offenders and the criteria used for issuing higher levels of fines. Council Member Selich inquired as to how staff goes about collecting fines and whether there is a mechanism in place to track how successful they are in collecting the fines. Code Enforcement Supervisor Cosylion stated that he did not know the exact numbers but he would research and get back to Council. Mayor Henn spoke regarding creating a concept that captures repeated violations of small infractions over a period of time at the higher fine level. In response to Council Member Rosansky's question regarding including a set number of violations that would terminate an operator's license, City Attorney Hunt stated that they could enforce that under the operator's license but it would be under the Chief of Police's discretion. He stated that he is not a fan of set numbers because every scenario presents a different situation. He stated that when they are dealing with conditional use permit violations, the set number can be included as a standard for consideration although there may be situations where the Director may not think it is the most effective way to achieve compliance. Discussion ensued between Council and Code Enforcement Supervisor Cosylion regarding reactive enforcement, taking enforcement action on any new and existing medical marijuana dispensary and the number of code enforcement officers in Newport Beach per 1,000 population in comparison to other cities in Orange County. Cowicil Member Selich stated that he is in support if investigations are strictly complaint - based. He stated that he supports the volunteer program to handle some of the paperwork and follow -up, and suggested activating the volunteer program as rapidly as possible to see if they need the fourth code enforcement officer position filled. However, he noted that he is skeptical of the volunteer program because it has the potential to create more problems than it solves, asked whether any other jurisdictions have volunteer programs and what kind of success or failure they have had with the program, mentioned potential resources spent chasing the 1 %, asked how effective the fine system is; and how many fines have been collected. Council Member Curry spoke regarding the 99% success rate in achieving compliance through the current process and suggested not changing what is working, stated that the City needs to be careful of how the fines are structured, spoke regarding volunteering for the wrong reasons, and suggested coming back with a targeted approach that tackles the problem cases. Mayor Henn stated that he is okay with the volunteer program, as long as the City carefully outlines the responsibilities of the volunteers. W. R. Dildine spoke regarding his experience with code enforcement years ago, expressed the opinion that the City is headed in the right direction, and believed that an additional code enforcement officer and the volunteer program would be helpful. Volume 60 - Page 196 City of Newport Beach City Council Study Session July 12, 2011 Without objection, City Manager Kiff summarized that the majority of Council are comfortable with a complaint -based volunteer program and that Council is okay with the following: Code Enforcement Supervisor Cosylion's recommendations regarding problem and repeat violators, including bypassing the warning and administrative citation process and issuing administrative citations right away with corrective measures; issuing separate citations for each code violation; discretionary approvals; issuing citations for each use permit condition violated and increasing citations on violations of the permit; and issuing citations on a daily basis if necessary. He asked for Council consensus regarding Mayor Henn's suggestion to give code enforcement the discretion to refer cases to the City Attorney's Office at Level 3 and that they would have the ability to issue a fine between $1,000 and $10,000 for the fourth violation regarding items with limited contest, such as medical marijuana dispensaries and night clubs, as long as it is stated in the code. City Manager Kiff added that he did not get the impression that Council was interested in raising the fee levels for normal cases. 4. VISIT NEWPORT BEACH PRESENTATION. 1100 -20111 Gary Sherwin, Executive Director of Visit Newport Beach, bic. (VNB), utilized a PowerPoint presentation to discuss the City's toruism industry, Orange County travel impact, Newport Beach's visitor profile and top markets, V1N"B's finance and administration, the brand promise, the recent car - mageddon campaign. key marketing priorities fiscal year 2011 -2012, marketing Objectives and components, advertising; online and mobile marketing efforts, public relations, international markets, conference sales, sales production, regional markets, meeting advertising, and conference sales. Discussion ensued between Council and Mr. Sherwin regarding revenue per available room, the luxury travel market in Newport Beach versus other cities in Orange County, how the visitor profile in Newport Beach compares to other cities; public relations and marketing objectives, marketing to day - visitors, offering hospitality training to lifeguards, the breakdown per hotel room and the generally accepted matrices in the industry that measure the amount of marketing versus the return that they receive. City Manager Mff utilized a PowerPoint presentation to discuss various approaches for cities and Destination Marketing Organizations (DMOs), today's relationships, and recommendations from recent compliance reviews. Mayor Pro Tem Gardner stated that she liked the idea of moving the arrow for the various approaches for cities and DMOs because they are public funds, stated that many of the changes are very good, suggested using Request for Proposals (RFPs) for everything, encouraged VNB to develop standards of reporting for comparison purposes, stated that Council needs to review budget amendments that involve fixed operational costs, inquired about the $10,000 which was crossed out and the $100,000 or more that was included, and suggested addressing the conflict of interest policy especially when dealing with public funds. Council Member Curry recognized that the hotel tax has reached an all time record level, spoke regarding having accountability for public funds, stated that having the City better represented on the executive board is a good way to achieve accountability, and suggested letting VNB, not the City, figure out some of the proposed management changes. Council Member Daigle stated that she supports the City Manager's recommendations, emphasized that these expenditures take place in a public setting, spoke regarding properties that have distinct marketing channels, such as Crystal Cove, and stated that she-would like to explore those properties where the full 18% can be allocated. Volume 60 - Page 197 City of Newport Beach City Council Study Session July 12, 2011 Mayor Henn stated that he supports the idea that VNB needs to have the proper level of oversight while still trying to preserve the entrepreneurism that is required in a marketing environment, stated that he supports the City Manager's recommendations in general and looks forward to seeing a revision to the contract that reflects those, stated that he also supports extending the agreement, stated that there are a lot of reserves on the balance sheet, encouraged VNB to spend money and not build a large reserve, and stated that he would like to see staff explore the idea of VNB taking on the responsibility for filming activity in the City. Council Member Hill commended VNB, noted that the opportunity for the City of joining the executive board in more of a participatory way is an excellent way to understand what is going on and have input, and stated that it would be damaging to micromanage expenditures and the aggressive entrepreneurial decision - making that needs to take place in order to be successful. He stated that he is not in favor of talking about other expenditures within the 18% because it is an agreed upon process and it is something that individuals can count on and budget to, stated that he is in favor of extending the agreement, and concluded that he is opposed to attempting to micromanage VNB's activities. Mayor Henn stated that it seems anomalous that the Library Services Director is a voting member of the board and the City Manager is not, and mentioned the lack of representation on the board. City Manager Kiff stated that City libraries are the second most visited asset in the community and believed that the current roles of the Library Services Director and City Manager are appropriate. III. PUBLIC COMMENTS -None IV. ADJOURNMENT - 6:27 p.m. The agenda for the Study Session was posted on July 7, 2011, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 198 l il �9 i'�n A 1e) f, . 1\ ( �' i . 1, 1 _ t . ,��5 I. p�.:_ City Council Minutes City Council Regular Meeting July 12, 2011— 7:00 p.m. 4:00 p.m. II. CLOSED SESSION - None III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. - CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Curry VIII. INVOCATION - Ms. Pat McLaughlin, Second Church of Christ Scientist IX. PRESENTATION July 4th in West Newport— Appreciation and Brief Update — Laura Detweiler, Recreation and Senior Services Director utilized a PowerPoint presentation; provided a brief overview of the West Newport July 4" parade and festival; thanked the Planning Committee, sponsors, and staff; and presented Certificates of Appreciation to the Planning Committee. Mayor Henn thanked the Planning Committee and staff for a job well done, and stated that he did not receive any complaint emails about the event. Richard Bergstrom, Newport Marina Villas Board of Directors and former Committee member, expressed his appreciation and thanked the Police Department for guarding the community during the July 41h event. Police Chief Johnson discussed the West Newport parade and festival, thanked the community for their support, congratulated staff on a job well done, gave statistical reports regarding arrests, citations, calls for service and the loud and unruly gathering ordinance, thanked Captains Johnson and Gazsi, Lieutenants Brouwer and Hartford, Lisa Newman, and the Newport Beach Police Officers and outside agencies. He reported that they issued a total of 16 citations under the loud and unruly gathering ordinance over the July 4th weekend. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Curry reported that the Orange County Taxpayers Association recognized the Association of California Cities - Orange County with their annual Rose Award for their work in pension reform, mentioned that the principles that were outlined by the Association have been Volume 60 - Page 199 City of Newport Beach City Council Minutes July 12, 2011 adopted, and noted that as part of the compensation philosophy, Newport Beach is the first city in Orange County to adopt the principles as a formal policy. Council Member Hill mentioned that he became a grandfather on July 8, 2011 and that he is very proud of his son and daughter -in -law. Mayor Pro Tern Gardner spoke about a letter in the Daily Pilot regarding street sweeping in Corona del Mar and believed that once the street sweepers have passed, people should be allowed to park there without receiving a parking ticket. She also mentioned complaints regarding finding parking in parking lots and suggested coordinating with Caltrans to get a sign erected on San Joaquin Hills Road that to indicate when the parking lot is full. Mayor Henn reported attending the Balboa Village Business improvement District (BID) meeting and mentioned similar comments regarding parking -lot concerns. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF JUNE 28, 2011. [100 -2011[ Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only pursuant to Charter Section 412. B. ORDINANCES FOR ADOPTION 4. ORDINANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS. [100 -2011] Conduct second reading and adopt Ordinance No. 2011 -14 amending Section 14.30.030(D) of Chapter 14.30 and adding Chapter 15.80 to Title 15 of the Newport Beach-Municipal Code, pertaining to the Building and Fire Board of Appeals. 5. VIA LIDO AMENDMENTS (PA2011 -024) - 3363, 3377 VIA LIDO AND 3378 VIA OPORTO - AMENDMENTS TO THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF SUBJECT PROPERTY FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MLXED -USE VERTICAL (MU -V). [100 -20111 Conduct second reading and adopt Ordinance No. 2011 -18 approving Code Amendment No. CA2011 -005. C. RESOLUTION FOR ADOPTION 6. BEAUCHAMP COASTAL LAND USE PLAN AMENDMENT (PA2009 -067) - 2000 -2016 EAST BALBOA BOULEVARD - COASTAL LAND USE PLAN AMENDMENT NO. LC2009 -001. [100 -20111 Adopt Resolution No. 2011 -81 affirming Coastal Commission approval of Local Coastal Program Amendment No. NPB- MAJ -19 for Coastal Land Use Plan Amendment No. LC2009 -001 (PA2009 -067) as required by City Council Resolution No. 2010 -50. D. CONTRACTS AND AGREEMENTS WEST NEWPORT OIL FIELD Volume 60 - Page 200 REVIEW, EVALUATION, AND City of Newport Beach City Council Minutes July 12, 2011 MODIFICATION PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NETHERLAND, SEWELL & ASSOCIATES, INC. (C- 4861). [381100 -20111 Staff recommends that this item be continued to July 26, 2011 to provide staff sufficient time to finalize the Professional Services Agreement. 8. ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT - AWARD OF CONTRACT NO. 4775. [381100 -2011] a) Approve the project drawings and specifications; b) award Contract No. 4775 to T. E. Roberts, Inc. for the total bid price of $249,985.00, and authorize the Mayor and the City. Clerk to execute the contract; c) establish an amount of $37,497.00 (15 %) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 12BA -001 appropriating $105,000.00 from unappropriated Water Main Enterprise Fund Reserve to Account No. 7511 - C6002009. 10. PUBLIC RESTROOM JANITORIAL SERVICES AT CITY PARKS AND BEACHES AGREEMENT (C- 4863). [381100- 2011] Approve the Agreement between ABM Janitorial Services and the City of Newport Beach for public restroom janitorial services at City parks and beaches, and authorize the Mayor and City Clerk to sign the Agreement. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA FOR JULY 7, 201.1. [100 - 20.11] Receive and file written report. Regarding Item 10 (Public'Restroom Janitorial Services), Council Member Curry noted that the City is contracting out another service for a savings of $143,000 a year. Motion by Mavor Pro Tern Gardner. seconded by Council Member Rosanskv to approve the Consent Calendar, except for the Items removed (3 and 9); and noting the continuance of Item 7. The motion carried by the following roll call vote: Aves: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, -Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle )III. ITEMS REMOVED FROM THE CONSENT CALENDAR - CITY ADMINISTRATIVE DEPARTMENT RESTRUCTURING AND RENAMING. 1100 -20111 Jim Mosher expressed concern regarding the item moving from introduction to adoption without any discussion. City Attorney Hunt stated that the ordinance can be adopted, noted that the findings are not used in every ordinance and are not necessary in this instance, stated that the City Clerk and City Attorney should not be included in this ordinance since they are not part of Administrative Services and report directly to the City Council, and stated that it is a standard operation for the City Manager to delegate certain duties to departments. Motion by Council Member Curry, seconded by Council Member Selich to conduct second reading and adopt Ordinance No. 2011 -17, amending Chapter 2.12 of Title 2 of the Newport Beach Municipal Code pertaining to administrative departments Volume 60 - Page 201 City of Newport Beach City Council Minutes July 12, 2011 and organization of the City. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 9. LICENSE AGREEMENT FOR THE NEWPORT BEACH FARMERS' MARKET (C- 4547). [381100 -2011] Mayor Pro Tern Gardner expressed her support for farmers' markets and inquired as to whether business license fees have been waived for the Corona del Mar Farmers' Market. Community Development Director Brandt indicated that the waiver for business license fees for the Newport Beach Farmers' Market is new to this license agreement and is not in place for the Corona del Mar Farmers' Market; however, it is something that can be considered for Corona del Mar under a separate action. Mayor Pro Tern Gardner stated that if they are going to make a policy that organic farmers who work at farmers' markets do not have to have a business license then it should be a blanket policy applicable to all farmers' markets, not just Newport Beach Farmers' Market. City Manager Kiff stated that if Council approves this action then the second recommendation to waive the requirement for certified farmers to obtain a business license is fairly general. Assistant City Manager Smith stated that they met with the farmers' market to discuss this issue, that there is a lack of flexibility in the business licensing model to accommodate organic farmers, and that rather than doing waivers, staff would like to take some time and evaluate the business licensing process from a global standpoint. In response to a question from Council Member Curry, Community Development Director Brandt stated that the rationale for the hardship waiver is that organic farmers are not necessarily vendors at every weekend event, that they have more perishable goods, that they have limited opportunities to sell their products. She noted that these reasons provide a hardship that is unique to organic farmers versus a vendor who sells something that is packaged or has the ability to be stored and brought back at a later date. City Manager Kiff stated that the staff report uses the wrong nomenclature noting that a "certified farmers' market" includes organic and non - organic farmers. He mentioned that generally when you are selling produce in a certified farmers' market, anyone who is a farmer has to have a certification affirming the produce that they can grow, that they grew it in their own farm or a farm they are affiliated with, and that no non- certified grower is selling at a certified farmers' market. Mayor Pro Tem Gardner stated that she was glad to hear that this item is part of a larger examination of the whole topic and that she looks forward to staff coming back with other recommendations. Motion by Council Member Rosansky, seconded by Council Member Hill to a) authorize the Mayor and City Clerk to sign a License Agreement for the Newport Beach Farmers' Market between the City of Newport Beach and the Sprouts of Promise Volume 60 - Page 202 City of Newport Beach City Council Minutes July 12, 2011 Foundation ( 'Licensee "), allowing the Licensee the use of City property for a Certified Farmers' Market subject to the terms and conditions of the new agreement; and b) waive the requirement for certified farmers to obtain a business license pursuant to Section 5.04.025 of the Newport Beach Municipal Code because of hardship as discussed in the staff report, and direct staff to further study options for the apportionment of business license taxes for itinerant vendors. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansk-v, Mayor Pro Tem Gardner, Mayor Henn, Council Member Sehch, Council Member Curry, Council Member Daigle XIV. PUBLIC COMMENTS Joel Slutzky inquired about the status of the cease and desist letter that was sent to Morningside Recovery. City Attorney Hunt clarified that Mr. Slesky is referring to the cease and desist letter that went out from the Community Development Director to three locations being utilized by Morningside Recovery, in Lido Marina Plaza, and stated that the cease and desist letter instructed Morningside Recovery to cease and desist their uses that are inconsistent with their zoning code and uses. He stated that Morningside Recovery has ceased the uses that were identified, they have modified- their operations in multiple ways perhaps not consistent with the code and staff is completing a review, the Community Development De.partment is finalizing a review of the modified operations so that staff can respond to Morningside Recovery's modifications, noted that it is staff's intention to have this completed prior to the July 26, 2011 meeting, and mentioned that staff will report more.thoroughly to Council in the context of the development agreement at that time. Gordon Glass referenced a letter written to Council and published in the Daily Pilot suggesting a positive solution to the Dennis Holland boat restoration situation. Max Liskin submitted handouts to Council, expressed appreciation for the loud and unruly gathering ordinance, spoke regarding appeal fees, mentioned encroachment fees in West Newport versus Peninsula Point, and stated that he would wiite a check for 885,000 to the City to help during these hard times. Willis Longyear read a neighbors' letter regarding violations made by Morningside Recovery. Dr. Michael Brant: Zawadzki spoke about the importance of code enforcement in a level- headed but consistent way. Korky Rawlings, small- business owner, expressed her frustration regarding the potential loss of parking due to the development on Sid Soffer's property. Bettina Deininger spoke regarding the cure period for Morningside Recovery, stated that it is time for Council to look at the development agreement, and requested that Council construct better zoning laws for the entire City. Tom Billings spoke regarding encroachment fees in West Newport versus Peninsula Point and supporting small- business owners, expressed his concerns regarding parking issues, and mentioned the cease and desist process for Morningside Recovery. Volume 60 - Page 203 City of Newport Beach City Council Minutes July 12, 2011 XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry reported attending the Finance Committee meeting on July 12, mentioned the new parking meter vendor and noted that parking meter revenues are up during this two month period by 31% (approximately $177,000) and approximately 40% of all parking meter users are using their credit cards which they could not do before with the previous vendor. He stated that although the numbers are not final, it appears that there will be a surplus of approximately $5 million this year which is more than what was expected and will be contributed to the reserves. He thanked all of the departments who worked hard to achieve this result. Council Member Rosansky reported attending the First meeting of the City Redistricting Committee, mentioned that the PowerPoint presentation showing the current situation with the districts as well as two staff proposals is available on the City website, and mentioned that the next meeting will be on July 21 at 4:00 p.m. in the Council Chambers. XVI. PUBLIC HEARINGS -None XVII. CURRENT BUSINESS 12. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER' :11:04. OF. THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK. FACILITIES AND BEACHES. 1100 -0111 Recreation and Senior Services Director Detweiler presented a staff report. She discussed prohibited conduct, including performing any instructional activity for monetary gain or other, consideration on public property without first: obtaining a written agreement from the Recreation and Senior Services Director. She indicated that normally 70 %u of the revenue goes directly to the instructor and 30% comes back to the City to help administer the program and stated that, although they have not discussed it, an jnstructor with one or two people will most likely be unnoticed or have no impact. Council Member Daigle stated that she does not think that a small instructional group should be included 'because they are not impacting facilities or land, and they are generally support services being offeied that are a benefit to the citizens. In response to comments from Council, Recreation and Senior Services Director Detweiler stated that they want to be consistent in their application of the process, noted that there are 63 parks in the City and there are probably a lot of activities that go unnoticed but when brought to staffs attention it is important that they work with those individuals because they are using public property for commercial gain. She noted that language.needs to be in place so the City can deal with noise, parking, and field impact issues. She noted that this policy has been in place for at least 15 years and stated that staff is flexible with the fee structure, individuals with limited clientele, and individuals who do not want to be in the Navigator or benefit from it. She mentioned that there are some cases where they use the 80/20 split and indicated that a flat -dollar fee can also be looked at. Mayor Pro Tem Gardner referenced one -on -one instruction, stated that a personal trainer with limited clientele would not want to be in the Navigator and suggested that there should be a different category in the fee structure where the percentage split would be slightly different from the typical 70% for instructors and 30% for the City Volume 60 - Page 204 City of Newport Beach City Council Minutes July 12, 2011 because they are utilizing less of the public services, but the City is still getting some of that benefit for the use of their land and facilities, as well as scheduling insights. Recreation and Senior Services Director Detweiler 'stated that the ordinance does not talk about fees, but by not discussing the fees in detail they have the flexibility to be adaptive in the fee structure while still having the language needed regarding terminology and where activities are allowed. She stated that if they want to be more specific relative to fee ranges, it can be done separately. She stated that the current fee schedule delegates the Director the authority to negotiate fees related to contract classes and pointed out that staffs goal is to ensure the City is programming activities effectively and not negatively impacting individuals who Fire trying to drop -in and use the facilities at the same time. Mayor Henn stated that the practical effect is that many of these small groups go undetected and unnoticed but if staff receives a complaint they will have a mechanism to deal with the situation. He also addressed the issue of smoking. He stated that he would like to explore the idea of having a buffer zone on street ends that abut the boardwalk on the Peninsula because, although there is an ordinance that prohibits smoking on the boardwalk, people stand right next to it and .smoke. He asked for Council consensus on this issue and if so, asked for a recommendation from staff on how it might be effectuated. A majority of Council - expressed support. Council Member Hill stated that he would support it and inquired about a State law that prohibits smoking within 20 feet of feet of a public building. In response to Council Member Rosansky's questic- about whether or not smoking is banned on the bay front, City Manager Kiff stated that he would research that and get back to Council. Abby Michaelsen thanked Mayor Pro Tem Gardner for her continued support, spoke on behalf of the American Heart Association and stated that they support the initiative to ban smoking in parks, as well as the proposal. to prohibit smoking on the street ends abutting the boardwalk on the Peninsula. She gave background history about the Health and Heart Club at Newport Harbor High, a club she founded two years ago, and mentioned the various anti- smoking events and activities they host. She also mentioned that she received the honor of National Youth Advocate of the Year at the Campaign for Tobacco -free Bids event in Washington D.C. Kent Willett, in- coming president for the Health and Heart Club at Newport Harbor High, spoke regarding the negative effects associated with smoking and tobacco use. Pilar Tellez, a long -time American Cancer Society volunteer and a 15 -year cancer survivor, asked for Council's support in protecting the health of the community from second -hand smoke exposure in local parks and beaches. Council Member Curry expressed his concerns regarding overreaching and the definition of street ends, stated that smoking is already banned on the beach and boardwalk, and stated that he has no problem banning smoking in the parks. He indicated that he feels the City is creating a regulatory framework that is overreaching and may have some unintended consequences. He mentioned an initiative by Mayor Henn and Council Member Selich to clean up all of the outdated and extraneous regulations in the Newport Beach Municipal Code and believed that this ordinance will make the following illegal: hitting a golf ball in a public park, rollerblading on a public Volume 60 - Page 205 City of Newport Beach City Council Minutes July 12, 2011 tennis court or sports court, playing basketball in a public court after sun down, using any park facility for which a fee is charged, and driving or leaving standing a bicycle in any place that is not designated for the parking of bicycles. He concluded that he is in favor of banning smoking in parks but stated that the City needs to rethink its business practices and the unintended consequences of adopting regulations that limit the uses of facilities. Mayor Pro Tern Gardner noted that rollerblading on tennis courts destroys the courts. Council Member Rosansky expressed his concern regarding prohibiting the driving or leaving of bicycles in any place that is not designated for bicycle parking. Recreation and Senior Services Director Detweiler clarified that the prohibited conduct section already existed in the ordinance and was not amended, stated that it allows the City to remove bicycles that have been abandoned or left chained to something for an extended period of time, and stated that it is not intended for citing individuals who are riding their .bicycles to the parks. City Manager I{iff clarified that the prohibited conduct regarding playing basketball on any outdoor public basketball court is the City's existing law stemming from the basketball courts being in close proximity to residential homes and complaints regarding late night noise from the basketball courts. He suggested that staff review the terminology used and mentioned that this may need to go back to the Parks, Beaches and Recreation Commission. Mayor Henn stated that staff can determine whether to forward the issue back the Commission. Motion by Mayor Pro Tern Gardner to introduce Ordinance No. 2011 -19, amending Chapter 11.09 of Title 1.1 of the Newport Beach Municipal Code pertaining to rules and regulations for parks, park facilities and, beaches, and pass to second reading on July 26, 2011. The motion died for lack of a second Mayor Henn stated that he would like to see staff come back with language pertaining to smoking on the street ends and perhaps take another look at the prohibited conduct section and see if there is any clean up that addresses some of the issues raised by Council Member Curry. Motion by Council Member Rosansky, seconded by Council Member Curry to continue the Item to a future Council meeting. Recreation and Senior Services Director Detweiler offered to clarify any of the prohibited conduct because staff felt that the information does not need to be removed. Council Member Curry asked if anyone would be cited under this ordinance for using a City baseball field and expressed his concern regarding the language used since the field is already reserved for Little League play. Recreation and Senior Services Director Detweiler clarified that a person would not be charged for drop -in use of the park and noted that a permit would be required only if fees are being charged for that activity. Council Member Rosansky suggested changing the language of the preamble paragraph. Council Member Curry asked whether a fee and approval by the Recreation Volume 60 - Page 206 City of Newport Beach City Council Minutes July 12, 2011 Department would be required for a church group that has a barbeque on the beach, has someone instruct the children in religious doctrine, and charged the children $5 for transportation to the beach. City Attorney Hunt referenced the language of the ordinance stating that it may not be as clear as one might like it to be, but clarified that a permit is required when the fee is paid in consideration for the instructional activity and noted the difference between making a contribution to offset the cost of transportation versus paying for instructional activity. Council Member Daigle noted that she wants to avoid requiring fees for one -on -one instructional activity, believing that it has no more impact than a father playing ball with his child in the park. Council Member Rosansky stated that an ordinance needs to be crafted that is going to cover multiple forms of conduct. City Manager Kiff stated that if the motion to continue is passed, staff will work to refine the language. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky. Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Noes: Mayor Pro Tem Gardner XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 8:40 p.m- The agenda for the Regular Meeting was posted on July 7, 2011, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording. Secretary Mayor Volume 60 - Page 207