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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 July 9, 2013 City Council Minutes Regular Meeting June 25, 2013 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:00 p.m. III. Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn Excused: Council Member Daigle 11r �j` Jim Mosher stated that at the last Council meeting, Council%adjourned to Closed Session without the required formal announcement and believed that this is a violaiixon of the Brown Act and potentially violated any action taken under Closed SessionXRe• commented on the right to open government and the public's need to be constantly vigilant. He further jisted` xamples of what he believed were violations and stated that the correction of those violations is riot nonseni e' 'He hoped that Council would make the required announcements. Jf "� ��. `J City Attorney Harp announced,that Council will adjourninto Closed Session at this time to discuss items set forth in the agenda under closed Session, including labor negotiations. IV. CLOSED SESSION - 6:02 p.m A. CONFERENCE WITHti ABORNEGOTIATORS (Government Code § 54957.6): Agency V"ignated-Representatives: Dave Kiff, City Manager and Teni Human Resources \Director; Negotiators Heading Agency Designated hives: DavetIiiff, City Manager and Terri Cassidy, Human Resources Director; Employee Oiganizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOi ); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (I\TBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 61 - Page 206 City of Newport Beach City Council Minutes June25, 2013 VII. ROLL CALL Present: Council Member Gardner; Council Member Petros; Mayor Pro Tem Hill; Mayor Curry; Council Member Selich; Council Member Henn Absent/Excused: Council Member Daigle Council Member Daigle arrived at 7:21 p.m. VIII. CLOSED SESSION REPORT - City Attorney Harp announced that nd. reportable actions were taken DC PLEDGE OF ALLEGIANCE - Girl Scout Troop 1316 and X. INVOCATION - Father Kerry Beaulieu, Our Lady up Presentation from the Girls Scouts of Orange Mayor Curry acknowledged the attendance of a presented a video on the importance of.suppo positions. Angels of Girl Scouts of Orange County who and women in developing leadership Nancy Nygren, Girl Scouts of Orange County, thanked-Council ifor including the Girl Scouts of Orange County in the Marina Park plans and fots support of the Girl Scout program. She expressed appreciation,rand- addressed pro am plans for the new Girl Scout Center, including implementation of the '''STEM (Science, Technology, Engineering and Math) Program and career exploration for girls -" The GiY Scouts presente ouncil and staff with Thanks•A -Lot cookies. 0 Recognition of Dispatcher` Brian,`_Eberhardt for; Receiving the State Dispatcher of the Year Award �f Mayor Curry read and resented Dispatcher Brian Eberhardt with a proclamation in recognition of receiving the 2013 States ispatcher of the Year Award. Dispatcher Eberhardt expressed his erati'tude for the recoenition. Youth Council-Annual Presentation to the City Council Mayor Curry c6mm,1ent dJpositively on the work of the Mayor's Youth Council and deferred to representatives for a,preaJentation. Recreation Manager Cates and Recreation Supervisor Harmon provided a PowerPoint presentation to address the Youth Council's background, formation of the Youth Council, its mission, objectives and membership. Corona del Mar High School Students Brian Goldstone, Marissa Fink, Arthur Pesca, and Matthew Salcedo provided a PowerPoint presentation to address the organization's responsibilities and purpose, activities conducted to help the community, community service, and Youth Government Day. They expressed their appreciation to Council for giving them the opportunity to serve, learn, and have a voice; reported on being recognized by the Newport -Mesa Unified School District; and highlighted future goals. Volume 61 - Page 207 City of Newport Beach City Council Minutes June25, 2013 XII. NOTICE TO THE PUBLIC )III. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) XIV Council Member Gardner reported attending a recent marketing presentation by Newport and Company (Visit Newport Beach) and commented positively on the event. She discussed a new beetle that attacked over 200 landscape trees, referenced information published by U.C. Riverside, and suggested placing the information on the City's website and making it available to gardeners. <<1 Council Member Petros referenced letters received from business Mile, reported meeting with them, and noted they have a keen inte consider the future of West Coast Highway. He requested a futi discussion on West Coast Highway and the future revitalizationvof presentation on the current ownership of the highway, the4 ran (OCTA's) role in highway planning and the City's role in'lthe pl. Additionally, he requested that the report include exist' and fu w Council Member Daigle reported on the reorganization of their events including one regarding the John W< importance of having a sound marketing plan, ndrproperty owners along Mariner's st in having Council learn about and agenda item that would include a lariner's Mile, as well as a brief staff County Transportation Authority's Wing and maintenance of the area. traffic forecasts � )er of Commerce and`dttending several and another on social media and the Council Member Selich discussed the Sculpturedh, lie -Park Mastei,Plan and reported on "The Sculpture in the Park Invitational" by the Arts Commission's Arts- ibNPublic Places Ad -Hoc Committee to obtain a collection of 18 pieces of sculptures to be installed througHoilt ahe Civic Center Park and on loan to the City for a two -year period. He indicated that the \item will go lie£oe-the Arts Commission fast and then come before the City Council hopefully in August. '1 rf t Mayor Curry addressed is recent l24-hour exercise at Coastal Peak Park by Radio Amateur Civil Emergency Services (RACES) group. He also reported that he attended the U.S. Junior Women's Deublehanded Sailing Championship" ,,the,Russo and Steel. Auto Auction, and the "Mr. Irrelevant" event recognizing Justice- Cunningham asthee last m`an <pick_ed n the most recent NFL draft. He commended the r Police Associatti6n'for th(i`AiinualNScholarship Awards and reported attending the kick -off of the Junior Lifeguard Program. He announced the upcoming July 4th event at the Newport Dunes and reported that the City will host the "Courage'\o Remember" exhibit at the Central Library and encouraged the public to attend. In response to Mayor P o�Tem Hill's questions, Police Chief Johnson confirmed that there are contingency plans in place in the everit'the;4th of July celebration spills over into the weekend (Item 3 - July 4W' Street Closures). Regarding Item 4;(FY 12/13 Traffic Signal Rehabilitation Project), Public Works Director Webb reported that change orders and unit prices are included and noted that the Green Book allows for modifications to unit prices Regarding Item 7 (Police CAD /RMS System), Jim Mosher noted that the same company that determined the need for an upgrade also oversaw the selection of the vendor, as well as implementation of the new software. He expressed concerns with relying on a single advisor and referenced the number of vendors that submitted proposals, but noted that only one non -bid winner was identified in the report. He believed that information should be provided on the other non -bid winners, including why they were rejected. Justin Cox commented on Item 10 (Initiation of an Amendment to the Santa Ana Heights Residential Equestrian District), believing there has been commercialization of the Santa Ana Heights area and a lack Volume 61 - Page 208 City of Newport Beach City Council Minutes June25, 2013 of a permitting process for horses. He stated that up to 20 horses are being boarded on certain properties and stressed a need to know what commercialization is going on in the area. He addressed liability issues and quality of life issues for surrounding neighbors and spoke in opposition to deleting the requirement for an annual use permit relative to the keeping of three to six horses in the REQ (Residential Equestrian) district. Tom Guy, equestrian owner, spoke in favor of Item 10 and reported previously obtaining a permit from the County. He stated that he does not believe a permit is required in order for the City to enforce other rules and regulations regarding the keeping of horses. He indicated that the ability to safely ride or walk horses through the community is what is really important to the equestrian commt`y. Community Development Director Brandt addressed background to Ite 10 and explained the need for Council's affirmation of previous Council action and direction. Slit" eported that this is an initiation process which is a multi -step process required under the City's pre-...annexation agreement with the County of Orange and addressed the next steps. In response to Mayor Pro Tem Hill's question, C Santa Ana Heights specific plan prohibits comn that removal of the annual permit requirement Code. Nancy Cox spoke in opposition to the pr little regulation and the permitting pr( properties. She noted that the area has for one more safeguard. XV. CONSENT CALENDAR A. iunityfDevelopment Director Brandt reported that the al<boarding,rof horses in residenti it zones. She added 3-not , reduce Code Enforcement's ability to enforce the dment under Item 10, believing that there is currently for some means of tracking the number of horses on mmercial operation and that the permit process allows 1. MINUTES FOR+�T.HE :JUNE 11, 2013'STUDY SESSION AND REGULAR MEETING. [100 -2013) Waive reading f'subjeetmi nutes, approve as written, and order filed. 2. ;READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, if'�and direct the City"Glerk to cad by title only. 3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED STREETS AND -PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD. []00- 20131 Adopt Resolution No. 2013 -54, A Resolution of the City Council of the City of Newport Beach Authorizing the Temporary Closure of Seashore Drive, Newport Boulevard, Back Bay Drive and Balboa Boulevard, Selected Parking Lots, and Selected Feeder Streets. C. CONTRACTS AND AGREEMENTS 4. FY 12/13 TRAFFIC SIGNAL REHABILITATION PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5223. [381100 -20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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. Volume 61 - Page 209 City of Newport Beach City Council Minutes June25, 2013 7. POLICE DEPARTMENT COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM (CAD/RMS) SYSTEM - AWARD OF CONTRACT NO. 6505. [381100 -2013] a) Award Contract No. 5505 to SunGard Public Sector for CAD/RMS Software Licenses and Services in the amount of $1,427,052.00, and authorize the Mayor and City Clerk to execute the contract; and b) approve a Software Maintenance Agreement with SunGard Public Sector for ongoing support and maintenance of the new CAD/RMS system, and authorize the Mayor and City Clerk to execute the agreement. S. CONTRACT WITH CITY EMPLOYEE, MICHELLE CAtf)WELL (C- 5514). [38/100 - 2013] Authorize the City Manager to execute a Temporarytmployment Agreement (TEA) with employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can beifilled. D. MISCELLANEOUS 9. PLANNING COMMISSION 20, 2013. and file. 10. INITIATION OF AN AMENDMENT TO THE SANTA ANA HEIGHTS RESIDENTIAL EQUESTRIAN DISTRICT. [1.00 -2013] Authorize the Mayor to send correspondence and a draft ordinance to the Orange County Board of Supervisors and Successor Agency requesting consent to amend the Santa Ana Heights Specific Plan to delete the requirement for an annual use permit relative to the keeping of, three to six horses in the REQ (Residential Equestrian) district. 11. MARINE AVEN.UE'BUSINESS IMPROVEMENT DISTRICT FY 2012 -2013 ANNUAL REPORT. [897100 -2013] Receive, approve and file the FY 2012 -2013 Annual Report of the Marine Avenue Business Improvement Ilistrict. 12. Village 7EMENT DISTRICT FY 2012 -2013 ANNUAL and file the FY 2012 -2013 Annual Report of the 19.-,,` 2013 DRINKING RATER - QUALITY REPORT ON PUBLIC IIEALTH GOALS. [100 - 8013] Receive and file. , 1� ,r 14. USE FEES AT THE UPPER NEWPORT BAY ECOLOGICAL RESERVE (UNBER). �- [100- 2013).Authorize Mayor Curry to send a letter to the California Department of Fish and Wildlife CD ( FW.) to consider rescinding the Lands Pass fee at UNBER. Motion by Mayor Pro Tern Hill, seconded by Council Member Petros to to approve the Consent Calendar, except the items removed (5 and 6). 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 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P., FOR Volume 61 - Page 210 City of Newport Beach City Council Minutes June25, 2013 CONSULTANT SERVICES FOR SECURING THE CITY'S REGIONAL GENERAL PERMIT NO. 54 (C-5513).[381100-20121 In response to Council Member Daigle's questions, City Manager Mff reported that the Regional General Permit (RGP) is an iteration of a permit the City has had on behalf of residential property owners who have a dock and the need to dredge under their docks. He pointed out that the City is not responsible for the dredging, but obtains a blanket permit that allows cutting short the process associated with the Coastal Commission and others to dredge private docks. He indicated that the amount of people using the process varies, but the City attempts to expand the reach of the permit for the benefit of property owners. He reported that it is an expensiverprocess that comes from the Tidelands Fund. Public Works Director Webb reported that Anchor QEA has been asked to move the eelgrass plan forward, but noted the need for modificationfsr!�He indicated that staff is working to get the plan approved. Council Member Gardner inquired regarding Item Director Webb noted additional items under conside Mayor Curry reported this is an example benefit of residents who own docks and r with adequate funding. and execute the Professional Serv. General Permit and for assistance Budget Amendment No. 13BA -047 Fund balance to CIP Account No. 72 ier the Scope;'o_,f Services. Public Works i is appropriating $90;000 directly for the ance of maintaining the Tidelands Fund bv'Council Member Gardner to a) approve with Anchor for securing the City's Regional Eelgrass \Management Plan; and b) approve 90,000.00 from the unappropriated Tidelands The motion carried by th64611dwing roll call Vote-:-,' t - Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich,- Councill ember Henn, Council Member Daigle 6. REQUESTsFOR�SUPPORT OF— OF LINE AGREEMENT BETWEEN 2808 LAFAYETTE PROPERTY; CLC AND THE'STATE LANDS COMMISSION (C- 5515). [381100- In respbnee to Council Member Gardner's questions, Public Works Director Webb indicated that the owner is,aware that they may be required to provide a public easement; however, at this time, they are not making enough impYovements to trigger the easement, but it is specified within the General Plan. He add6d� hat the agreement has been reviewed by the City Attorney's Office and that the City is merely' recognizing that it agrees with the bulkhead line and not taking on any responsibilities. fj Motion by Council 'Member Gardner, seconded by Council Member Henn to a) authorize staff to assist the Owner and the State Lands Commission to draft a boundary line agreement defining the boundaries between the public tidelands and private area adjacent to the Property; b) authorize the City Manager or his designee to sign and transmit a letter to the State Lands Commission in support of Owner's boundary line agreement; and c) authorize the City Manager or his designee, if necessary or convenient, to enter the City into the boundary line agreement between the Owner and the State Lands Commission. The motion carried by the following roll call vote: Volume 61 - Page 211 City of Newport Beach City Council Minutes June25, 2013 Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Don Schmitz, President of Schmitz and Associates, noted that his company represented the City before the California Coastal Commission for the Marina Park and Sunset Ridge Park Projects. He commented positively on the opportunity to represent the City and commended City staff, especially City Manager Kiff, Assistant City Attorney Mulvihill, and Public Works Director Webb. He,also thanked Council for the opportunity to serve. r Tom Billings referenced the successful measure to save Marina Park and thanked Council for its support. However, he expressed opposition to Council's attempt to ban fire rings at:rorona del Mar State Beach and the Balboa Pier. He commended Council Member Daigle for opposing the'iian and believed that the fire rings have anchored the use of beaches throughout the years. FIe further listed•tbe benefits of the fire rings to the community and referenced the Coastal Commission's ;um ', ous support Frkeeping the fire rings. Council. Member Petros commented on his frequent us`of the beach and noted that tiewas not on the City Council when the unanimous vote occurred. He ccmm'entl&on an action currently before the Coastal Commission and indicated that he will wait to see what happens and move forward accordingly. He took issue with Mr. Billings' remarks and believed that he shoulcNiave done more research before speaking. Justin Cox referenced the dialogue that just occurred and suggested that the City Attorney become involved and carefully review public comments�,on th'es "slue. He expressed support for allowing Council to respond directly to public speakers. Denys Oberman commented Village. She commended Coi use for the site and believedlt Jim Mosher expressed cor Newport Beach (VNB).by..tl their meetings. He-believe that may not!` eet the Cit participation and that their XVIII. Regarding the Water Quali they discussed street NZ Harbor. She indicated then City can require streets we expanding street sweeping. °the reuse of the former' City Hbh,,'site and the revitalization of Lido 1 L nits response to,.resrdents in having a boutique hotel as the preferred it will serve to spearhead the revitalization of the Village. th _the money allocated yearly to the Newport and Company/Visit Ind- with',the organization's declaration that the public is not invited to ae organization -may be embarking on enterprises using public money He urged Council to require that their meetings be open to public be open to public inspection. tstal Tidelands Committee meeting, Council Member Gardner stated that oting that it is one of the most effective ways to keep pollution out of the r number of areas where there is no street sweeping and believed that the and that the Committee voted to present a request to Council to consider Council Member Petros reported on a recent meeting of the Bicycle Master Plan Oversight Committee and addressed items discussed and considered. He announced that the next meeting will be held on July 1, 2013, at 5:00 p.m. in the Community Room. Mayor Pro Tem Hill announced that the next meeting of the General Plan/Local Coastal Program Implementation Committee will be held on June 26, 2013, at 3:30 p.m. in the Corona del Mar Meeting Room. Council Member Daigle reported on a recent meeting of the Airport Land Use Commission and items discussed and considered, including approval of the City's General Plan Update. She reported speaking Volume 61 - Page 212 City of Newport Beach City Council Minutes June25, 2013 with Mission Viejo's Community Development Director, Chuck Wilson, regarding the prolonged time period for their General Plan and explained that they have developed a sustainable action plan to address greenhouse gas emissions. Additionally, she reported on a recent meeting of the Affordable Housing Task Force and indicated that the Department of Housing and Community Development (HCD) is generally supportive of the draft that was recently approved by Council. She reported on their support of a measure that waives fees for certain activities connected to the development of affordable housing and noted that the matter will be considered and a report will be brought to Council at a future date. She indicated that the Task Force also discussed how to stabilize and grow the City's affordable housing stock and listed priorities. Council Member Daigle also reported on a recent meeting of the Citizens' Aviation Committee and addressed items discussed and considered. City Attorney Harp presented a status of the EIR, noting that they are currently looking for a consultant and expect to finish selection of the consultant in the fall. Council Member Henn reported on a recent meeting of the 1 where issues discussed included results of a survey of mooring survey work, and an initiation bf a discussion on issues relat standards. Regarding the Tidelands Management CommittE Committee and addressed its membership and consideratic organizational matters in terms of selecting a Citizens' Ad addition, the Committee reviewed the spending -of, idol Infrastructure Plan. He reported that solid progress has.been spending plan incorporated into the budget for the fiscal yea; update of the plan will be reviewed at the onex meeting. Ii talboaWillage- Advisory Committee (BVAC) permit holders review of additional parking ;d to a shared parking district and parking e, he reported tbaat�it is now a Brown Act n cif the Committee's Charter, as well as zsory Panel (CAP) foa "the Committee. In ra last year for the Tidelands Capital made and that the Committee reviewed the status of the Tidelands, Harbor Fund. He further reported that approved the City's application to set up the - fund:wRegarding Advisory Panel of the Tidelands Management Committee; he I until July 15, 2013, at 4:00 p.m. He indicated tAt a preaentat I to proceed with a project to revise-the pier lines in the H'azbor that needs to be addressed at this ime. i\ . r beginning July 1, 2013. He noted that an an update was presented on the Lands Commission unanimously tion of members for the Citizen's hat applications will be accepted ;o made regarding whether or not s concluded that it is not an item Council Member Henn reported on a' recent Financewommittee meeting with the City's external auditors for their Audit Entrance Conference. He reported that the citizens of Newport Beach should know that Council and the Finance Comniitt'ce, are diligent in their oversight of the City's financial matters. The Finance Committee.also r uiewsdAe City's msvrrance program renewals and had a preliminary discussion about the revisions to t1ie�£ee schedule related to "the Fire Department. Additionally it reviewed the Facilities Financial Planning,(FFP) Tool and a demonstration of the new long -range fiscal forecasting tool. , Council Memb'er,Sehch reportedon the recent General Plan/Local Coastal Program Implementation Committee and stated that the Committee will be considering the Coastal Zone Map and legal descriptions relative to boundaries. Additionally, the Committee will follow up on administrative chapters and discussing the Newport Coast LCP and how that will be integrated into the City's Local Coastal Land Use Plan, as well as implemeon ntati` XIX. PUBLIC HEARINGS 15. RESOLUTION NO. 2013 -55: RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2013 -2014 AND BOARD APPOINTMENTS FOR FISCAL YEAR 2013 -2014. (100 -20131 City Manager Kiff referenced the staff report and offered to respond to questions from Council. In response to Council Member Gardner's questions, Public Information Manager Finnigan reported that staff followed standard noticing for public hearings. She also confirmed that Bernie Svalstad's address is within the Corona del Mar BID boundary. Volume 61 - Page 213 City of Newport Beach City Council Minutes June25,2013 Mayor Curry opened the public hearing. Jim Mosher commented on the appointees to the BID Advisory Board and their responsibility relative to spending. He hoped that City staff will ensure that the appointees are sworn into office and receive training regarding conflicts of interest and FPPC rules. There being no further testimony, Mayor Curry closed the public hearing. A Motion by Council Member Henn, seconded by Council Member Petros to a) adopt Resolution No. 2013 -55, A Resolution of the City Council of the CiCy`of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2013 tolJune 30, 2014 for the Corona del Mar Business Improvement District, for Fiscal Year 2013 -14 au'bAbe protests represented less than 50 percent of the total assessment amount; and b) appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2013 -2014: Bernie Svalstad, Newport Financial Keith Dawson, Dawson & Dawson Jim Walker, The Bungalow Restaurant Tom Nicholson, Nicholson Companies Scott Laidlaw, Laidlaw Schultz Architects Scott Palmer, BID Systems ;l-� The motion carried by the following roll?cAll:vote.;`� \ Ayes: Council Member Gardner, Council Member Pettus; Mayor Rro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council' Member- Daigle 16. NEWPORT BEACH' RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID)fFY 2014;2013 ANNUAL REPORT AND RESOLUTION NO. 2013 -56: RENEWAL OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT-FOR FISCAL YEAR 2013 -2014. [891100 -2013] 11 I'll City Manager Kiff ieferenced-the staff report and offered to respond to questions from Council. Council Member Gardner5ndicafed. that she would prefer to review the strategic plan before voting ori`theitem, believing that the impiovements and activities listed are very general. She stated that she wili;not support the item, as presented. Mayor Curry,opened thepublic hearing. Justin Cox reiterated Council Member Gardner's concerns regarding the general nature of the f� report. � ;r There being no further testimony, Mayor Curry closed the public hearing. Motion by Mayor Pro Tern Hill, seconded by Council Member Henn to a) receive and approve the Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report; and b) adopt Resolution No. 2013 -56, A Resolution of the City Council of the City of Newport Beach Confirming the Levying Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014 for the Newport Beach Restaurant Association Business Improvement District, since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Volume 61 - Page 214 City of Newport Beach City Council Minutes June25, 2013 Ayes: Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Noes: Council Member Gardner XX. CURRENT BUSINESS 17. GROUND LEASE BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE GIRL SCOUTS OF ORANGE COUNTY (GSOC) FOR A PORTION OF MARINA PARK LOCATED AT 1600 WEST BALBOA BOULEVARD (C- 1955). [381100 -2013] ,� Recreation and Senior Services Director 'Detweiler description of the project, actions requested from agreement, operation of the facility, events and tr facility, and recommendations. She noted a typograp to respond to questions from Council. Mayor Curry noted that the existing facility Was Council Member Petros reported that he has daectl Scouts of Orange County years ago and that both o1 stated that the return on investment is priceless and Scouts bring to Orange County and the (ity„are unpc Council Member Selich reported that both of his-: the experience. He addressed participation in the Mayor Pro Tem Hill expressed his suppor0''and,i Article 4, Paragraph 4.1' relative to the removal*( defining "timely manner" and requested addin regarding Paragrapht8.1, he suggested amendin consistent with the overall design of Marina Par He referenced- P-ara¢raph 9'2 an - suggested.addv Park presented the staff report and provided a Council, rb ckground, terms of the proposed airing ,,Zconstruction and management of the hica] �amendmentt� the resolution and offered during the Truman d ist ation. r uparticipated as a Board Member on the Girl his daughters went through the program. He that the efforts and achievements that the Girl Scouts and spoke positively on I uested adding specific elements to the lease in items in the old Girl Scout House. He suggested "As agreed to by the parties." Additionally, it to read, "The conceptual design plan shall be and regulatory approvals granted by the City." language indicating that if they do construction d they damage any of the construction of Marina be_Tequired.,'to repair and replace the new construction back to its original Motion:bv Council Member Gardner, seconded by Mayor Pro Tem Hill to adopt Resolution No. 2013"57, A Resolution�of the City Council of the City of Newport Beach Approuing a Ground Lease By ¢nLil`Between the City of Newport Beach and the Girl Scouts of Orange County for Property Lo cated 0 4 1 4 e Marin¢ Park Property arzd Adopting findings Pursuant to City Council Policy F -7, approving a Ground Lease far a portion of the Maxina Park Property to GSOC at a lower than market rate and adopii findings pursuant to City Council Policy F -7 - Income Property; and b) authorize the City Manager to execute and file with the Office of the County Recorder the amended Ground Lease by and between the City of Newport Beach and GSOC Council Member Henn expressed his support of the amendments. Nancy Nygren, Girl Scouts of Orange County, expressed agreement with the amendments and additions suggested by Mayor Pro Tem Hill. Jim Mosher commented on the City's requirement to obtain a fair market return on public lands while offering a prime property to the Girl Scout organization at below market value. He questioned the logic and wisdom of the practice, noting that the organization is not poor and that there is no finding of public benefit. He questioned allowing public land for private use and believed that it is a Volume 61 - Page 215 City of Newport Beach City Council Minutes June25, 2013 gift of public funds and that the City should disclose the dollar amount of the gift. City Attorney Harp reported that by approving the matter, Council is finding that this is within the interest of the community and that no other special findings are needed. Mayor Curry reported that the organizations contribution to the City and the County is well known, well documented, and well appreciated. Barbara Rawlings commented on her experience with the Girl Scout ;•;organization, congratulated Council for its action, and noted that the organization is and hasbeen an integral part of the community. To that extent, she presented the City with a check for $50 to cover the full annual lease amount over the 50 years. is The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros-,Mayor Pro T m•Hill, Mayor Curry, Council Member Sehch, Council Member Henn, CounccilMember Daigle City Manager Kiff thanked the representatives of the GiH Scouts for their w the lease, as well as staff for their efforts. 18. APPOINTMENTS TO THE LAND USE ELEMENT AMENDMENT ADVISORY COMMITTEE. [100 -2013] \ Motion by Mayor Curry, seconded by Council. Memherf:Petros to a) confirm the Mayor's appointments of Council Member Ed Selich (Chaii):�Council Member Nancy Gardner, Planning Commissioner Larry Tucker, and PlanninglComrrvs oner-iio v Kramer to serve on the Land Use Element Amendment Advisory Committee; b)wnsider the_ app &cations for the five at -large community member pdsitions'received in the'City Clerk's Office by the June 12, 2013 deadline; and c) make at -large community member appointments via paper ballot pursuant to City Council Policy A -2 (Board, Commission, and-CommitteeAppoantments). ._, The motion carried.by the,follo_ winK rollrcall:vote:; Ayes: Council Membe`r`.Gardner; Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council AMember Selich, Council Member Henn, Council Member Daigle ti � Jim Mosher indicated that he provided written comments, noted that the applicants were not interviewed, for the vacant seats, and stated that he is one of the applicants. City Clerk B wn read the ballot votes as follows: Craig Batley - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Alan Diner - Gardner' 1 Barry Eaton - Gardner Bill Larkin - Gardner Michael Melby - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Patricia Moore - Petros, Hill, Selich, Henn, Daigle, Mayor Curry Jim Walker - Petros, Hill, Selich, Henn, Daigle, Mayor Curry Paul Watkins - Petros, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Craig Batley, Michael Melby, Patricia Moore, Jim Walker, and Paul Watkins are appointed to the Land Use Element Amendment Advisory Committee. 19. PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR Volume 61 - Page 216 City of Newport Beach City Council Minutes June25, 2013 PLANNING AND ENVIRONMENTAL CONSULTING SERVICES RELATED TO AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT (C- 5517). [381100 -2013] Community Development Director Brandt provided a staff report and offered to respond to questions from Council. Council Member Petros requested information regarding the status of the traffic study and related costs, as well as a brief summary of how this effort ties into the LCP process. Community Development Director Brandt reported that the City is currently finder contract with Urban Crossroads which is in the process of updating the City's traffic model that is the foundation of all traffic analysis done throughout the City. She reported that staff anticipates to contract with the company to perform the necessary traffic analysis that accomp�amres the proposed Land Use Element amendment. The contract will be amended and she reported that -the additional work should be under $125,000 and will be handled at the City Managed vel. Shee ieported that the contract with The Planning Center includes assisting with the amendment to the City'sj0oastal Land Use Plan. Council Member Daigle requested and received confiimation from Community Development Director Brandt that greenhouse gas emissions, are discussed in the amendment. Motion by Council Member Petros, seconded by Council Member Henn to approve a Professional Services Agreement with The Planning,`�Center to process the amendment to the General Plan Land Use Element for a"not -to- exceed feeof'$499,995.00, and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote. , \ Ayes: Council Member Gardner, Council Member Pettus, Mayor;Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn Council Member Daigle 20. APPOINTMENTS'TO BOARDS AND COMMISSIONS. [100 -2013] In response to Mayor Piv6 Tem- Hill's, question, City Clerk Brown indicated that portions of Council Policy A- 2,,(Board;_Commissbon and'Com;mittee Appointments) were waived at the June 11, 2013 City Council meeting-£)r the Building and Fire Board of Appeals nominations relative to requiring two or more application`s for each �acanct seat and not allowing a person to serve for more than two consecutive four -year tern. City Cli k&Brown read thel allot votes for the Board of Library Trustees as follows: Roxana Mehifar; Petros / John Prichard Gardner,,Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown annWnced that John Prichard is appointed to the Board of Library Trustees for a four year term. ` City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows: George Crall - Petros, Hill John De Frenza - Gardner, Hill Jay Elbettar - Gardner, Petros, Daigle Brion Jeannette - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Richard Luehrs - Petros, Hill, Selich, Henn, Daigle, Mayor Curry James Pirdy - Selich, Henn, Daigle, Mayor Curry Ron Yeo - Gardner, Selich, Henn, Mayor Curry Volume 61 - Page 217 City of Newport Beach City Council Minutes June25, 2013 City Clerk Brown announced that Brion Jeannette, Richard Luehrs, James Pirdy, and Ron Yea are appointed to the Building and Fire Board of Appeals with James Pirdy and Ron Yeo's terms expiring June 30, 2016, and Brion Jeannette and Richard Luehrs' terms expiring June 30, 2017. City Clerk Brown read the ballot votes for the City Arts Commission as follows: Carole Boller - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Judy Chang - Daigle, Mayor Curry q Cynthia Gallagher - Hill, Selich if Caroline Logan - Gardner, Petros, Hill, Selich, Henn, Daigle, MayorRurry Michaell Magrutsche - Gardner, Petros, Henn City Clerk Brown announced that Carole Boller and Caroline'Loga ``are reappointed to the City Arts Commission for a four year term; however, a second vote)w` will need to be taken between Judy Chang, Cynthia Gallagher, and Michaell Magrutsche, and reelad the second vote as follows: Cynthia Gallagher - Hill i Michaell Magrutsche - Gardner, Petros, Selich, -Fenn, Daigle, Mayor Curry City Clerk Brown announced that Michaell for a four -year term. City Clerk Brown read the ballot votes Gloria Alkire - Petros Mike Talbot - Gardner, City Clerk Brown year term. City Clerk Brown follows: [ayes - Gardner, ( Howald - Hill, Seli ✓larston - Gardner, City Clerk Brown anno the Parks, Beaches and City Clerk Brown Henn, is appointed to the City Arts Commission Service Board as follows: Mike Talbot'is reappointed to the Civil Service Board for a four for the, Parks, Beaches and Recreation Commission as yor Curry Selich, Henn, Daigle, Mayor Curry that Marie Marston is reappointed and Walter Howald is appointed to ation Commission for a four year term. ballot votes for the Planning Commission as follows: Bradley Hillgren - Gaidner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Tyler Holst - Gardner Raymond Lawler - Petros, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Bradley Hillgren is reappointed and Raymond Lawler is appointed to the Planning Commission for a four year term. 21. CITY INSURANCE RENEWALS - JULY 1, 2013 TO JUNE 30, 2014. [100 -2013] City Manager Kiff referenced the staff report, as well as an addendum, and offered to respond to questions from Council. Volume 61 - Page 218 City of Newport Beach City Council Minutes June25, 2013 Council Member Henn commented positively on the inclusion of the dam in the coverage and the decision to choose Option 1. Motion by Council Member Henn, seconded by Council Member Petros to approve renewal of the following insurances: excess general liability, excess workers' compensation and property insurance coverage for an amount not to exceed $1,883,878 in total premium from the Insurance Reserve Funds (the term of the renewal is for a twelve (12) month policy period, July 1, 2013 through June 30, 2014. 1 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor', o Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member D 1 Tern aigle_ NM. MOTIONS FOR RECONSIDERATION - None NMI. ADJOURNMENT - 9:13 p.m. The agenda for the Regular Meeting was p website; on June 21, 2013, at 8:00 a.rrL on the entrance of the City Council Chambers at 1d a.m. in the Meeting Agenda Binder locateal ii Civic Center Drive. The amended agendw foi at 2:00 p.m. on the City's website; on June Bulletin Board located in the entrance of the and on June 21, 2013, at 2:00 p.m. in the Mee City Council Chambers at 10016vic Center D /, -1, -LL City Clerk )sted'-od'June 21, 2013, at 4:00 p.7 on the City's City Hall'Electronic Bulletin Board located in the 0 Civic Center Drive; and on June 21, 2013, at 9:00 .the entrance`of the City Council Chambers at 100 •the.Regular Meeting was posted on June 21, 2013, 21,'2013 ;at 2:00 i `m. on the City Hall Electronic City Council Chambers at 100 Civic Center Drive; Ling Agenda Binder located in the entrance of the �? Recording Secretary \i Mayor Volume 61 - Page 219