HomeMy WebLinkAbout01 - MinutesMarch 25, 2014
Agenda Item No. 1.
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
March 11, 2014 - 4:30 p.m.
I. ROLL CALL
Il.
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
1. Clarification of Items on the Consent Calendar - None
2. Balboa Village Theatre - Lease Amendment, Contribution
City Manager Kiff introduced the item and deferred to representatives from The Balboa
Performing Arts Theatre Foundation. _
Dr. Donald Hecht, Chairman of the Board for The Balboa Performing Arts Theatre Foundation,
introduced Dr. Steven Beazley, the Foundation's CEO and President. Mr. Beazley displayed a
PowerPoint presentation and provided information culled from recent community and expert input
regarding the vision for the Theatre. He indicated that the Foundation has retained a top
consultant in the theatre profession, built community support, and has created a presence in the
Newport Beach Independent to raise community involvement.
Mr. Beazley referenced several comparable theatre facilities based upon the criteria established by
the consultant, including the Fairfield Theatre Company, an organization that has been operating
for ten years. He indicated that the Fairfield Theatre's seven -page summary, profit and loss
statement, programming analysis, and their keys to success document, was provided to the City
Council, and noted that the Fairfield Theatre was noted as a model for a "Black Box Theatre."
Mr. Beazley displayed various elevations which reference the proposed layout and the facade that
would stay the same, with the exception of a new marquee. He indicated that the business
planning analysis was conducted by the planning firm AMS to evaluate community participation,
motivation, and lifestyles. He believed that there is community support for renovation and
reopening of the existing Theatre and discussed how it can contribute to the revitalization of
Balboa Village.
Mr. Beazley noted the Theatre would always be in the historic heart of Newport Beach and,
referenced the Balboa Village Master Plan wherein the City pledged support of the Theatre as a
cultural amenity.
In response to Council Member Daigle's opinion that the City needs representation on the
Foundation's Board, Dr. Hecht commented that, once Council approval has been given, the
Foundation Board would be populated with members who would oversee the construction,
programming, fundraising, and development. The Board itself would determine its membership
and makeup.
Council Member Henn urged caution in regard to the Brown Act when considering City
membership on the Foundation Board. He noted that Dr. Hecht's role was to get the project off
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the ground and conduct a feasibility report, and now a Board needs to be developed and self -
sustaining.
Council Member Henn thanked Dr. Hecht and Dr. Beazley, previous Foundation Board members,
and the current staff for their work on this project. He emphasized that the action on tonight's
agenda is not the final approval to proceed; however, it is an approval in concept to an approach
for moving forward before final approval is granted. He further provided historical financial
background for the Theatre project. The Foundation Board would be the operator going forward,
subject to final approval by the City. He requested that certain conditions be included, such as the
Board having $2 million in the bank which was unencumbered, due diligence on the cost estimate
incurred by the City (including that the architect and contractor produce a preliminary set of
plans and cost estimate, at the expense of the Foundation for the City's review), a full professional
business plan conducted by the consulting firm acceptable to the City, and a renegotiated lease
with operational covenants acceptable to the City, and, before final approval by the City.
Council Member Henn expressed support for the project contingent upon the aforementioned
conditions being met, believes this project would fill an important void in the City's portfolio of
amenities and the investment would be fully recoupable since the City would own a building in
Balboa Village whose value exceeds the City's costs.
Council Member Gardner noted that she is a former president of the Foundation Board, but does
not support the proposal. She noted that, if the project failed the City would have to subsidize a
Theatre, questioned the actual support from the community, and noted that, if there was true
support, the Foundation Board should be able to raise $4 million.
Dr. Hecht stated that the Board is not asking for $2 million, but is asking for an approval of the
concept so they can return to the community indicating that the City approves the concept, and
now it is up to the community to handle the fundraising.
Council Member Gardner stated that the City already supports the project since it purchased the
building.
Discussion ensued regarding the 50 -year terms of the historical lease and the current lease.
Council Member Petros requested several conditions to the terms of the project, including the
City's approval of a business plan and opt -out or termination clauses in the lease in the event the
operator does not meet their side of the agreement. Dr. Hecht was amenable to the additional
terms.
Ralph Rodheim, Balboa Village Merchants Association, discussed community, resident and
merchant support for the proposed project and stated that financial support is critical to its
success. He distributed and read a letter expressing merchants support, indicated that the
renovation will bring culture to the City, stated it is a destination point for residents and visitors,
and believed that a multi -use entertainment venue will inject excitement and revenue into the
surrounding restaurants and shops.
Roger Grable, previous longtime resident noted that he has a strong attachment to the
community. He shared the same concerns as Council, but indicated that the City now has an
opportunity to put this item to rest or accomplish something, and the conceptual review will
provide an opportunity to encourage support for the Theatre.
Kennie Joe Rizzo, theatergoer, stated that it sounds like the City is committing to the project;
however, she expressed concerns that traffic issues in that area would prevent her and others not
living in the adjacent area to utilize the venue.
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Jim Mosher expressed concerns as to the funding that was raised for the project two to three years
ago. He expressed confusion as to the difference between "approval in concept" and "final
approval" and that the terms seem very vague. He suggested that Council review the terms and
return at a future meeting for discussion.
Doug Pasquale stated that he and his wife will contribute $50,000 toward the project and that the
Theatre is an important component for the revitalization of Balboa Village. He believed that the
City should take advantage of some of the best real estate in the country, or do something else,
such as condemn properties for other usages.
Council Member Petros reiterated the City's commitment to the Balboa Village restoration and
noted its support for the success of the Theatre project.
Council Member Curry stated that the City is working on revitalizing the area. He noted the
partnership with neighbors and the private sector for future success of the area, as revitalization
will keep property values high and provide amenities that people want to have. He noted that the
City needs to be a lead partner to have a catalyst that will revitalize the Village and now a
proposal came forward from a dedicated group of citizens, and all people who have served on the
Board over the years, to develop the Theatre. He commended Council Member Henn for his
dedication to the project and noted that the Theatre will provide a resource to the community for
generations.
Mayor Pro Tem Selich expressed concerns with the City committing $2 million without reviewing
a business and financial plan, cost for overruns, the building's worth after the improvements, and
alternate uses if the Theatre does not meet its operational terms. He further noted that he would
like to see an outside peer review of the proposed business and financial plans, and indicated that
a performing arts center may be better served in another location within the City. He understood
that seven of ten performances at the proposed Theatre would be music performances, not stage
plays, and that this would make it a de facto concert hall. He stated that he is inclined to be
supportive of the project; however, has practical concerns with the lack of a business plan.
Mayor Hill stated that the City's commitment of $2 million should be contingent upon receipt of a
business plan and operational lease approved by the City, and that the preliminary conceptual
design and cost estimate fits within the $2 million allocation. In his estimation, the lot value of the
parcel is approximately $3 million and that the City would not be at risk in the event the Theatre
was not successful.
Council Member Henn emphasized that there will be many issues which must be vetted prior to
the City making final approval of the project, and tonight's approval in concept is only the first
step toward making a prudent decision.
3. Update on the Transition to Automated Residential Refuse Collection - Continued
4. West Newport Facilities Plan
City Manager Kiff thanked Council Members Petros and Henn and Mayor Hill, along with the
Westside residents for their involvement in this discussion. He noted that the project is still in the
early stages of development and staff is seeking Council input and direction.
Assistant City Manager Badum utilized a PowerPoint Presentation to discuss consolidation of the
corporate yards and construction of a new Police Station. He reported that the maintenance yard is no
longer fully utilized due to outside contracting, the utilities yard at 160' Street has an underground
reservoir and 800 MHz antenna, the antenna may be relocated on the existing parcel, and, if the yards
are consolidated, the Police Station could be built on the remaining site or there is potential to
purchase or lease land for this use near the airport.
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Recreation and Senior Services Director Detweiler discussed the various aspects for community center
needs in the Westside area. She stated that the new West Newport Community Center is proposed to
have multi - generational programming, designated hours to get a work out in, various sports, national
junior basketball usage, as well as usage for the local schools, gymnastics, wellness room yoga,
balance mobility, and flexible classroom space to offer other miscellaneous programming. Other
amenities discussed include an indoor rock climbing wall. Outside amenities desired include a four to
five lane lap pool, water aerobics and swim programs, pickleball courts, outdoor walking and fitness
stations, a community garden, and playground.
Council Member Daigle requested information on the optimal level of reserves for the City and
inquired as to the lack of a financial analysis from the Finance Department. She inquired as to the
need for public safety matters as a priority for residents and to the priority for the new Police Station.
Council Member Henn indicated that, as a member of the Finance Committee, an analysis showed
that the Police Station project could move forward in 2020, and that this project could be
accommodated on a cash basis without borrowing.
Council Member Daigle inquired as to the assumptions the plans are based upon in terms of
maintaining the City's reserve levels.
City Manager Kiff reported that the City's Facilities Financing Plan (FFP) includes a component from
reserves and indicated that some of the reserves are set aside for facilities.
Council Member Daigle asked what the appropriate level of reserves should be in the next three to ten
years and whether we are using consultants to review these numbers.
Council Member Curry stated that reserves should not be utilized for operating costs, however, no
expert has the magic number for the correct amount in reserve.
Council Member Henn noted the City's AAA rating for underlying obligations and that the current
FFP does lay out the ebb and flow of reserves associated with the spending related to that plan.
Mayor Hill directed the meeting back to staff to explain where the proposed Community Center sites
would be.
Assistant City Manager Badum noted the need for approximately 25,000 square feet, 120 parking
spaces and a minimum 2 acre parcel. City staff recommended two possibilities for placement of the
Community Center, the Superior /Coast Highway site and the 16th Street corporate yard. The
Superior /Coast Highway site is adjacent to the highway where there is an existing parking lot. He
noted that there is 60 feet of elevation change, which would require excavation and retaining walls,
and by building into the slope, this site would protect local views.
Council Member Henn expressed support for a park and tram system to access the Peninsula.
In response to Council Member Daigle's question, Assistant City Manager Badum indicated that the
site would not require a view easement and is not subject to the Caltrans view restrictions on Sunset
Ridge.
Assistant City Manager Badum noted that the traffic improvement needed would include improved
access to Sunset Ridge, overcrossings to provide better traffic circulation, and removal of crosswalks.
Another feature, if the parking structure could be pushed into the hillside, would be to include a green
roof that could accommodate various recreation uses. Disadvantages of the site include the steepness
which would make construction costly, as well as highway noise which would prohibit quiet recreation
uses.
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Council Member Gardner expressed support for the Superior /Coast Highway site since workouts could
be extended into outdoor activities, there would be extra parking, and there would be better access to
Sunset Ridge. The site is also closer to the Peninsula.
Assistant City Manager Badum noted the connection to the Hoag Hospital property which would
facilitate traffic circulation. He pointed out that the site is in the Coastal Zone and would require a
coastal permit, as well as Caltrans review due to its adjacency to the State highway.
Council Member Petros expressed concerns with Orange County Transportation Authority (OCTA)
and the California Coastal Commission (CCC) for rulings on various projects. He expressed support
for the proposed site's ability to integrate an entire stretch of active space. He added that this could
be an opportunity for improved traffic circulation and accessibility from the Peninsula, as well as an
opportunity for the re- greening of Balboa. He expressed support for the opportunity to partner and
integrate with Hoag Hospital.
Assistant City Manager Badum provided a review of the other site, which is the 16th street utility
yard, where one -half of the parcel would be used for the Community Center. He noted that the
existing reservoir under the parking area and pump station would have to remain, however, the
remainder of the three acres could be utilized for Community Center and outdoor recreation. He
stated that the site has excellent views and if the Banning Ranch project moves forward, the proposed
park area would be immediately adjacent to this site.
Council Member Petros noted the high level of community support on the Westside for community
amenities similar to the OASIS Senior Center and the Newport Coast Community Center. He
expressed support for the potential partnership with Hoag Hospital and that, of the seven sites that
were reviewed, the Superior /Coast Highway and 16th Street sites were the most viable. He noted the
pros and cons for each site and his desire to continue receiving input from the Westside residents for
their preference.
Council Member Henn expressed support for the potential partnership between the City and Hoag
Hospital and that his inclination was to support the Superior /Coast Highway site. He requested that
staff focus on vetting the cost for developing this site and also review the FFP to establish the City's
financial capacity to accommodate the estimated cost of that site.
Mayor Pro Tem Selich believed that the Superior /Coast Highway site could cost up to $28 million to
construct and suggested finding ways to ensure that a project of this magnitude fits into the City
budget.
Council Member Daigle stated that both sites have promise. She expressed support to continue to
receive input from residents and also to be mindful of the costs.
George Schroeder stated the Superior /Coast Highway site is closer to his home; however, expressed
concerns because it will negatively impact parking in the area, which is already severely
compromised. His preference is for the 16th Street location as there is room For adequate parking. He
believed that the Superior /Coast Highway site would be used for beach parking and there are already
complaints from residents in the Sunset Ridge neighborhood about traffic impacts.
Kennie Jo Rizzo, Newport Shores resident, believed that the parking lot at the proposed
Superior /Coast Highway site would become the parking lot for beachgoers and residents would have to
fight for a spot to use the Community Center on the weekend. She expressed her support for the 16th
Street location as it is flat and has superior views.
Mike Johnson noted his views on both proposed sites and that he likes the idea of incorporating the
Police Station with the maintenance yard. He believed that the three story parking lot at the
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Superior /Coast Highway site would be well used for beachgoers and would protect the investment in
Sunset View Park. He noted that the 16th street site is in a manufacturing zone /commercial area and
likes the concept of finding a location that is more central in Newport Beach.
Lori Morris expressed her support for the 16th Street location, believing the Superior /Coast Highway
site would be troublesome in terms of disturbing the view plane. She suggested developing the
parking structure, but to ensure that it does not impact views, and requested that, if the site was used
there be no jail facility located on the premises.
Mayor Hill pointed out that there is a jail located in Fashion Island and that the area seems to be
doing well.
Gina Westley expressed support for both locations; however, was inclined to lean towards the 16th
street location for those who were serious about working out.
Jim Mosher expressed concerns as to whether the yards would be needed in the future due to
contracting out services, and requested clarification on the size of the proposed Police Station. He
believed that staff seemed inclined toward heavy sports usage at the proposed Community Center, but
that the Westside is also lacking a library and other, broader uses other than fitness. He stated that
the (CCC) also needs to complete their duties as assigned through the agency and traffic circulation
must ensure pedestrian safety across bridges and underpasses.
Dr. Gorgina Takemoto expressed concerns with the traffic impacts of the Superior /Coast Highway site
since her neighborhood is already impacted and believed that the proposed parking structure will be
used for beach parking. She also suggested that bridges were a useful measure for keeping
pedestrians out of the intersections as a safety precaution.
Cindy Koller expressed concerns with traffic impacts should the Superior /Coast Highway site be
selected, as there are already traffic impacts projected if the Banning Ranch project moved forward.
She suggested using the site as a dog park and a view park, and not adding uses that would result in
more congestion.
Jim Miller, President of Newport Island Homeowners Association, expressed support for the
Community Center project in concept and that any location the City selects will be successful. He
expressed his preference for a facility closer to the Peninsula, to have a bridge over the highway, and
to partner with Hoag Hospital for various programming.
Sharon Boles, Newport Crest Board of Directors, expressed support for the 16th Street location and
noted that residents have been aware that the City has been looking to build a new community center.
She stated that any additional facility will be welcomed by the residents.
With no Council Member objecting, it was the direction of Council to continue with community forums
to seek resident interests and desires for the Community Center project and proposed locations, and to
further vet the cost of the Superior and Coast Highway site and return to Council with additional
recommendations.
III. PUBLIC COMMENTS INCLUDING PUBLIC COMMENTS ABOUT ITEMS ON THE CLOSED
SESSION AGENDA
Jim Mosher expressed concerns regarding a recent Superior Court decision resulting from badly
written legislation approved by the City Council in regard to changes to the Harbor Code, believing
that the wording used in the proposed legislation was unclear and suggesting that independent
scrutiny be given to all legal documents.
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City Council Study Session
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Blake Hockenbury, Peninsula resident suggested an alternative use for the building at the end of the
Newport Beach pier and presented information and a financial plan for a concept called "PierFIT
Studio" which would include various fitness activities.
In response to Mr. Mosher's comments, City Attorney Harp stated that Mr. Mosher had
mischaracterized the judge's tentative ruling and the Vallely case. He clarified that the ruling
required the applicant to obtain a permit for a particular use and emphasized that the Newport Beach
Municipal Code did not exempt the applicant from getting the required permit.
City Attorney Harp announced that Council will adjourn to Closed Session to discuss the items as
listed in the Closed Session agenda and proceeded to read each title. He also announced the following
recusals:
• Mayor Hill recused himself from Item ILB.1 (Conference with Real Property
Negotiators regarding 5810 West Coast Highway) since he owns property within 500 -
feet of the subject property
• Council Member Henn recused himself Item ILB.2 (Conference with Real Property
Negotiators regarding APN 423 - 102 -03 and APN 423 - 382 -05) as a precaution since he
has a business relationship with a business in Via Lido Plaza
IV. ADJOURNMENT - 6:40 p.m.
The agenda for the Study Session was posted on the City's website, on the City Hall
Electronic Bulletin Board located in the entrance of the City Council Chambers at
100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the
City Council Chambers at 100 Civic Center Drive on March 6, 2014, at 4:00 p.m.
City Clerk
tecording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 11, 2014 - 7:00 p.m.
I. STUDY SESSION - 4:30 p.m.
II. CLOSED SESSION - 6:40 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City
Manager; 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
Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport
Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA);
Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time
Employee Association of Newport Beach (PTEANB).
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 2 matters
1. Property: 5810 West Coast Highway, Newport Beach 92663
Agency negotiator: Dave Yiff and Rob Houston
Negotiating parties: E &B Natural Resources and Oxy USA Inc.
Under negotiation: Instruction to negotiator regarding price and terms of payment.
Mayor Hill recused himself from this item since he owns property within 500 -feet of the
subject property
2. Properties: APN 423 - 102 -03 and APN 423 - 382 -05
Owners: Lido Pacific, LLC
Agency negotiator: Pat Thomas, Deputy Public Works Director
Negotiating parties: Lido Pacific, LLC
Under negotiation: Instruction to negotiator will concern price and terms of payment.
Council Member Henn recused himself from this item as a precaution since he has a
business relationship with a business in Via Lido Plaza
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
VI. CLOSED SESSION REPORT - Mayor Hill announced that the City Council will recess back
into Closed Session at the conclusion of the Regular City Council Meeting.
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City Council Regular Meeting
March 11, 2014
VII. PLEDGE OF ALLEGIANCE — Council Member Curry
VIII. INVOCATION - Pastor Eric Heard, Mariners Church
IX. PRESENTATIONS
Unveiling of New City Seal
Centennial Mayor Don Webb provided a brief history of the City Seal and former City Manager and
Council Member Bob Shelton unveiled the new City Seal. Centennial Mayor Webb explained the new
City Seal and its significance, and thanked those involved in the process. Mr. Shelton thanked
Mr. Webb and Council and commented positively on the official Seal and on the development of the
initial concept.
Members of Council commented positively on the Seal and on the efforts taken.
Southern California Edison Energy Leader Partnership Gold Level Plaque Presentation and
Presentation of Efficiency Incentive Check for Dolphin & Tamura Water Wells
Improvements
Jenelle Godges, Southern California Edison (SCE), introduced Bernard Adebayo -Ige from SCE
explained his role and addressed the City's energy- efficiency accomplishments, measures and savings.
They presented the City with a plaque in commemoration of SCE's Energy Leader Partnership Gold
Level Award and a rebate check in the amount of $152,000 in recognition of the City's energy - saving
achievements relative to the Dolphin & Tamura Water Wells Improvements.
Arbor Day Presentation - Rotary Club of Newport Beach
Dr. Jerry Klemer, Newport Beach Rotary Club, discussed a recent distribution to third grade students
in the City, noted a joint effort in partnership with the City at Eastbluff Elementary School, and
announced that the featured tree for 2014 is the Golden Truffle. He presented a small seedling to
Council and thanked the City for its cooperation.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
Council Member Daigle discussed the current drought conditions and reported attending a recent
Southern California Association of Governments (SCAG) meeting where William Croyle spoke. She
reported that the snowpack is down 20% of what it should be, reported on drought legislation recently
passed, and stated that the Governor is involved with managing the issue and the State is encouraging
partnerships with local cities, and discussed the City's efforts and possibility of receiving grants for
water use efficiencies. She reported that agriculture will be impacted this year, addressed the future in
terms of storm water and Municipal Separate Stormwater Sewer Systems (MS4) permits, and noted
that transfers will be part of the future.
Council Member Henn announced that the Balboa Village Advisory Committee (BVAC) will be holding
a meeting on March 12, 2014, at ExplorOcean at 4:00 p.m, and listed items for discussion on the
agenda. Additionally, he announced that the Tidelands Management Committee will be meeting on
March 19, 2014, at 4:00 p.m. in the Civic Center Community Room.
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Council Member Curry reported representing Council at the Opening Day of Little League on March 8,
2014.
Council Member Gardner commented on the City's groundwater replenishment system and announced
that the Water Quality /Coastal Tidelands Committee will meet on March 13, 2014, at 3:00 p.m. in the
Newport Coast Conference Room and the City Arts Commission will hold a meeting at 5:00 p.m. in the
Friends Room of the Central Library on the same date.
Council Member Petros reported meeting with Patrick Paragas, Corona del Mar Middle School 8th
grader, who presented him with many ideas on improving the City and thanked him for contributing to
the Bicycle Master Plan. He reported on a tour of District 2 starting at Cliff Drive Park and discussed
the renovation efforts, and thanked those involved. Additionally, he reported attending a potluck/BBQ
in Newport Shores.
Mayor Pro Tem Selich provided an update on the sculpture exhibition, noting that the City received 260
submittals and that the City Arts Commission will be selecting ten pieces with three alternates. The
unveiling of the sculptures is tentatively scheduled for September 13, 2014. Additionally, he reported
attending the Arbor Day celebration at Eastbluff Elementary School.
Mayor Hill reported participating in the Fire Department's graduation ceremony of three new
Firefighters.
0.411
)III. CONSENT CALENDAR
A. READING OFMINUTES AND ORDINANCES
1. Minutes for the February 25, 2014 Study Session and Regular Meeting
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct City Clerk to read by title
only.
B. ORDINANCES FOR ADOPTION
3. Adoption of Ordinance No. 2014 -5 Amending Newport Beach Municipal Code Chapter
10.32 Regarding Sound Amplification Permits [100 -20141
Conduct second reading and adopt Ordinance 2014 -5, An Ordinance of the City Council of the
City of Newport Beach Amending Chapter 10.32 of the Newport Beach Municipal Code
Regarding Sound Amplification Permits.
4. Adoption of Ordinance No. 2014 -6 approving Zoning Code Amendment No. CA 2012-
006 for Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012 -091)
[100 -20141
a) Conduct a second reading;
b) Find that the project is categorically exempt from the California Environmental Quality Act
( "CEQA') pursuant to Section 15302 of the CEQA Guidelines; and
c) Adopt Ordinance No. 2014 -6, An Ordinance of the City Council of the City of Newport Beach
Approving Zoning Code Amendment No. CA 2012 -006 for Zoning Designation Changes and
an Increase in the Development Limit for the Newport Harbor Yacht Club Property Located
at 720 West Bay Avenue (PA2012 -091), approving Code Amendment No. CA2012 -006 to
increase the development limit for the project site (Anomaly 67) from 20,000 square feet to
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25,000 square feet and to change the zoning designation for a few properties within the
project site from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private
Institutions (PI).
C. RESOLUTIONS FOR ADOPTION
6. Resolution Supporting a Water Quality /Conservation Grant Application [100 -20141
Adopt Resolution No. 2014 -22, A Resolution of the City Council of the City of Newport Beach
Authorizing and Supporting the Submission of a Grant Proposal for Funding Under the United
States Bureau of Reclamation's (USBR) Bay -Delta Restoration Program: Calfed Water Use
Efficiency Grant Program.
7. Approval of the Fiscal Year 2013 Urban Area Security Initiative Grant Program Transfer
Agreement and Training Funds (C -5761) [381100 -20141
a) Adopt Resolution No. 2014 -23, A Resolution of the City Council of the City of Newport Beach
Approving the Transfer Agreement for Fiscal Year 2013 Urban Area Security Initiative (UASI)
Grant Program Purposes ("Transfer Agreement ") Between the City of Newport Beach and the
City of Santa Ana, and authorizing the City Manager and the Fire Chief to act as the
"Authorized Agents" to execute for, and on behalf of, the City any actions necessary to
implement the Transfer Agreement and obtain federal financial assistance provided by the
Federal Department of Homeland Security and sub - granted through the California Emergency
Management Agency;
b) Accept the 2013 UASI Grant Fund Training Allocation in the amount of $10,242 to be utilized
for reimbursement of training costs associated with approved Department of Homeland Security
(DHS) courses for emergency response personnel. The City of Santa Ana UASI has designated
$10,242 to reimburse the City's approved UASI training instructors to conduct regional
training; and
c) Approve Budget Amendment No. 14BA -035 increasing revenue estimates by $10,242 in Budget
Account Number 1820 -486G; and increasing expenditure appropriations by $10,242 in Account
Number 1830 -7041.
D. CONTRACTS AND AGREEMENTS
S. Amendment No. 1 to the Professional Services Agreement with Anchor QEA, L.P., for
Marina Park Biological and Environmental Monitoring Services Contract No. 3897 -H
(CAP09 -0070) [381100 -20141
Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Anchor QEA, L.P. of
Mission Viejo, California, at a not -to- exceed cost of $113,325.00, and authorize the Mayor and City
Clerk to execute the Amendment.
9. First Amended and Restated Employment Agreement for City Clerk (C -4100) [38/100-
20141
Approve and authorize the Mayor and Deputy City Clerk to execute the First Amended and
Restated Employment Agreement ( "Agreement ") for the City Clerk.
E. MISCELLANEOUS
10. Planning Commission Agenda for March 6, 2014 [100 -2014]
Receive and file.
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11. Initiate a Zoning Code Amendment to Modify A -Frame Sign Regulations [100 -20141
a) Find this action is exempt from the California Environmental Quality Act ( "CEQA') pursuant to
Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3; and
b) Initiate an amendment to Title 20 to modify A -frame sign regulations.
Motion by Mayor Pro Tem Selich, seconded by Council Member Council Member Curry, to
approve the Consent Calendar, except the item removed (5).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
5. Adopt Resolution Removing Existing Two -hour Parking Restrictions on West 16th Street
from Babcock Street to Placentia Avenue [100 -20141
In response to Council Member Gardner's question, Public Works Director Webb presented
background regarding how the parking restrictions would help businesses in the area and explained
the current challenges. He reported that, after a review by staff, it is believed that parking will
balance out for the area, but if it becomes a problem, staff can return to Council for a modification.
Roger MacGregor, MacGregor Yacht Corporation, reported that people parking in the area are
generally employees and that the two -hour limits are being widely disregarded. He expressed
concerns with parking problems in the area, suggested increased monitoring by Code Enforcement,
and stated that signage is very small and the situation is getting worse.
Council Member Gardner believed that this is not the solution and suggested trying the 2 -hour
parking limit with increased enforcement and encouraging businesses to figure out where their
employees should park in order to have room for customer parking.
Public Works Director Webb stated that staff can look further into the matter, but the challenge
with limiting parking is that it would just displace parking. He reported that staff did a survey
which received mixed results.
Council Member Petros believed that this is the start of an appropriate and prudent step to remove
restrictions to assess the "steady state" conditions and see where people want to go after everything
settles down. Staff will then have an understanding of the real issues and fine tune the proper
enforcement.
Motion by Council Member Henn, seconded by Council Member Petros, to a) rescind
Resolution No. 2009 -62; and b) adopt Resolution 2014 -21, A Resolution of the City Council of the City
of Newport Beach Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution
No. 2009 -62, for the removal of existing two (2) hour parking restriction on West 16th Street from
Babcock Street to Placentia Avenue.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill
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XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Jim Mosher discussed efforts to protect residential lifestyle, including using the Environmental Quality
Affairs Committee (EQAC), supplemented by the Greenlight amendment to the City Charter. He
commented on past Council actions and believed that this Council will try to circumvent residents by
wrapping several projects into a single yes /no Greenlight vote. He reported on the upcoming release of
• ballot measure and also noted that there has been no direction from Council for EQAC to comment on
• specific Environmental Impact Report (EIR) or an EIR related to the Airport Settlement Agreement.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros reported on a recent meeting of the Bicycle Master Plan Oversight Committee
and listed items discussed. He added that comments are still being sought by the public, urged
residents to become involved, and noted that the link to the Master Plan Map is available on the City's
website.
XVII. CONTINUED BUSINESS Mh
12. Balboa Pier Parking Rate Modification (to Comply with Coastal Development Permit
No. 5 -13- 0506 to Install Automated Pay Stations); Corrections to Corona del Mar Parking
Lot Rates [100 -20141
City Manager Kiff introduced the item, reported that the Coastal Commission does not intend to
change the beach curfew, and indicated that they provided a statement, in writing, relative to this
matter.
Motion by Council Member Gardner, seconded by Mayor Pro Tem Selich, to adopt
Resolution No. 2014 -16, A Resolution of the City Council of the City of Newport Beach Amending
Resolution No. 2013 -33 to Modify the Parking Rates for the Balboa Pier Parking Lot and Correct the
Holiday Rates for Corona del Mar State Beach Parking Lot, to:
a) Modify the parking rates for Zone 29, Balboa Pier Parking Lot, for Memorial Day, Fourth of
July and Labor Day to:
Automobiles - $2.00/hour, $20.00 /day maximum
Motorcycles - $1.25/hour, $12.50 /day maximum
Recreational Vehicles - $2.00 /hour, $20 /day maximum, per parking space occupied
Buses - 10 -24 passengers - $50 /flat rate; 25+ passengers - $100 /flat rate;
b) Delegate authority to the City Manager to review and modify the Balboa Pier Parking Lot
parking rates annually and that any fee increase or decrease shall be limited to no more than
25% per year and shall not exceed 50% over a 3 -year consecutive period; and
c) Clarify the parking rates for Zone 30, Corona del Mar State Beach Parking Lot for Memorial
Day, Fourth of July and Labor Day to:
Automobiles - $25 /daily flat rate
Motorcycles - $12.50 /daily flat rate
Recreational Vehicles - $25.00 /daily flat rate per parking space occupied
Buses - 10 -24 passengers - $50 /daily flat rate; 25+ passengers - $100 /daily flat rate
Mayor Pro Tem Selich reported that the Coastal Commission is not actively asserting their right to
regulate beach hours and noted that they are currently in negotiations with the City of Los Angeles
regarding Venice Beach. Additionally, he discussed a pay -by -cell phone system and stated that it
will be the wave of the future.
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XVIIl.
Jim Mosher commented on the Coastal Commission's request for clarification whether holiday rates
apply to the holiday weekend or just the holiday days. He added that the Resolution is clear about
that, noted a typographical error, and requested clarification relative to the policy at Corona del
Mar Beach.
City Manager Yiff noted that holiday rates would apply only on the holiday day.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill
13. Newport Beach Golf Course Telecommunication Facility Permit (PA2013 -181) located at
3100 Irvine Avenue [100- 20141.
Council Member Daigle recused herself due to potential economic interest.
Community Development Director Brandt discussed changes made to the Ordinance, noted
Council's direction that pending applications would be processed under the previous version, and
added that this application was pending at the time and will be processed as directed by Council.
She stated that, under the new zoning regulations, this type of application would be heard by the
Planning Commission.
Contract Planner Drasler provided the staff report and provided a description of the proposed
project, location, surrounding land uses, specifications, support equipment, project plan, photo
simulations, project design, conditions of approval, and recommendations.
Discussion ensued regarding concerns that golf balls could damage sensitive equipment; however, it
was noted that the pole is made of steal and that sensitive parts of the structure are covered and
protected.
Mayor Hill reported visiting the area and speaking with residents who indicated they have no
problem with the facility.
Council Member Petros commented on the size and scale of the equipment, noting that a previously
approved faux eucalyptus on Irvine Avenue has much greater capacity for devices, yet the
equipment box seems to be smaller. Contract Planner Drasler explained that the original
application called for a larger cover but was adjusted so that the sides can be attached to existing
posts versus where the netting is located. She added that the applicant indicated that they could
consider co- locating with another carrier.
Jim Mosher believed that the proposed pole would be regarded as obtrusive in another part of the
City. He indicated that it is large and visible, commented on the findings needed to approve the
Resolution, and referenced written comments which included a number of proposed alternatives.
He pointed out that the proposed facility only serves Verizon.
Motion by Council Member Petros, seconded by Council Member Henn, to adopt Resolution
No. 2014 -24, A Resolution of the City Council of the City of Newport Beach Approving
Telecommunications Permit No. TP2013 -008 for a Telecommunications Facility at 3100 Irvine
Avenue (PA2013 -181): 1) Finding that the project is categorically exempt pursuant to the State
California Environmental Quality Act (CEQA) Guidelines under Section 15303 Class 3 (New
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March 11, 2014
Construction or Conversion of Small Structures); and 2) Approving a Telecommunications Permit,
subject to findings and conditions of approval.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Mayor Pro Tern Selich, Mayor Hill
Recused: Council Member Daigle
14. Ordinance No. 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code;
Relating to Solid Waste Collection [100 -20141
Public Information Manager Finnigan provided a staff report, addressed issues related to solid
waste collection, and highlighted proposed changes to the Municipal Code.
Municipal Operations Co- Director Pisani addressed containers and bags, container storage and
related issues, as well as proposed changes to the Municipal Code. He noted that containers are
stable and that lids remain in place, solving issues with animals.
In response to Council Member Curry's question relative to CR &R's previous statement that they
would pick up anything, Municipal Operations Co- Director Pisani confirmed this and stated that
this is not stated in the Ordinance but is in the contract.
City Manager Kiff reported that currently green cuttings can be bundled and placed next to
containers for pick up; however, with the new contract, it should be placed within the containers but
can also be placed in a sturdy trash bag and placed next to containers.
Council Member Henn stated that he supports that change and that one of the things Council hoped
to accomplish was to improve City alleys and streetscapes. He expressed concerns with allowing
people to place containers in alleys rather than on the side of their house and suggested adding a
condition that residents need to demonstrate a reason why they would need to place their
containers in the alley.
Council Member Gardner reported that the Corona del Mar Residents Association did a survey
regarding the matter and the results were mixed. She asked regarding placement for pickup and
Municipal Operations Co- Director Pisani reported that, in alleyways, there will be semi- automated
collection, and containers are to be placed eight feet from the property line.
In response to a question from Council Member Daigle, Municipal Operations Co- Director Pisani
reported that CR &R will take over all waste collection in the City starting March 31, 2014. He
added that there should be a map on the City's website by next week showing the schedule and
locations of the collection.
Public Information Manager Finnigan reported that staff will do another large outreach letter
before the start of service with a postcard reminder one week before container delivery.
Council Member Petros expressed concerns that there is something in the contract that is not
reflected in the Ordinance and stated he would be more comfortable if both the Ordinance and the
contract spoke to the same item in terms of what can and cannot be placed out for collection.
City Manager Kiff indicated that the Ordinance can be changed to reflect what is in the contract as
well as reviewing the feasibility of alleyway parking. City Attorney Harp added that, with Council
direction, staff could make changes, as recommended, and return for first reading at the next
Council meeting.
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City Manager Kiff requested and received confirmation from Council that the direction would be for
staff to return with the Ordinance mirroring what is in the contract in terms of the smaller, non-
cartable items. Regarding storage of containers, he suggested adding language that, if the
containers cannot be stored in the garage or side yard, it could be stored in the alleyway.
Jim Mosher commented on the current Code not aligning with the contract. He commented on a
brochure from CR &R and on the availability of large containers for construction materials /waste.
He discussed recyclable options, noted what can be put out which is not addressed in the new Code,
and stated that it does not address definitions nor different rules in the various parts of the City
that are not served by the new contract with CR &R. Additionally, the Code does not address
newspapers, magazines, or requirements and restrictions regarding allowable containers.
Motion by Council Member Curry, seconded by Council Member Henn, to continue the item
to the March 25, 2014, City Council meeting.
The motion carried by the following roll call vote: �.
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
15. Dolphin Deep Water Well Rehabilitation - Award of Contract No. 5633(A) (CAP14 -0037)
(381100 -20141
Public Works Director Webb provided a staff report and offered to respond to questions from
Council.
Jim Mosher stated that he does not recall if it has been the practice to present Council with details
of big ticket items and asked whether it is a new policy. Additionally, he asked how the water
would be transported to the City from Fountain Valley.
Council Member Henn noted that there is a dedicated water line to transport the water. City
Manager Ki£f added that the aquifers are in Fountain Valley; therefore, that is the location of the
well.
Motion by Council Member Curry, seconded by Council Member Henn, to a) approve the
project plans and specifications; b) approve Budget Amendment No 14BA -036 appropriating
$513,920.00 from the unappropriated Water Fund to Account No. 7524- C6002015; c) award
Contract No. 5633(A) to General Pump Company for the total bid amount of $436,370.00, and
authorize the Mayor and the City Clerk to execute the contract; d) establish a contingency of
$45,000.00 (approximately 10 %) to cover the cost of unforeseen work; and e) establish $32,550.00 for
construction support and monitoring services.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill
16. Temporary Waiver of Building Plan Check, Building Construction Permit Fees and Other
Related City Fees for Existing Single- Family Homes and Duplex Homes (PA2014 -027)
(100 -20141
Community Development Director Brandt provided the staff report and addressed details of the
proposed Dividend Program.
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Mayor Hill stated that this is an attempt to look at the City's current financial situation and future
short -term needs, noting that, at this point in time, the City is adequately funded and wants to do
something that would be appropriate to give back to the community. He reported that several
alternatives were evaluated and that the proposal seemed to be the option that would benefit the
entire community and provide incentives for homeowners to improve their properties. He pointed
out that this would return to the City as increased property taxes and stimulation to the economy.
Council Member Curry thanked the Mayor for developing the initiative, adding that it has been
done in other cities, has served to spur economic growth, spurs neighborhood revitalization, and
enhances property values.
Council Member Gardner referenced General Plan efforts and commented on the issue of building a
bigger home versus keeping a smaller home, noting that there are many in the community who do
not want larger homes in the City. She expressed concerns that the item would reward a few people
rather than the entire community. She indicated that she would like to see other ideas that would
benefit the community as a whole.
Council Member Daigle commented on revenues and expenses and the use of reserves for the
common good. She reported that a fee has to be connected to a cost and stated that, if some do not
pay the fees, the rest must subsidize the costs. She expressed concerns that the item benefits a few
rather than the entire community. She agreed with giving back to the community, but would like to
see the money applied towards something like infrastructure improvements.
Motion by Council Member Curry, seconded by Council Member Henn, to a) find that the
action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of
CEQA; and b) adopt Resolution No. 2014 -25, A Resolution of the City Council of the City of Newport
Beach Establishing "The Newport Dividend" by Temporarily Waiving Building Plan Check, Building
Construction Permit Fees and Other Related City Fees to Promote Home Improvement and
Beautification Projects.
Jim Mosher agreed with Council Members Gardner and Daigle, adding that giving money back to
the community is a good idea but that there are other ideas that would be more equitable than the
proposal, such as reducing property taxes.
Council Member Curry clarified the process for the collection and administration of property taxes
Council Member Henn acknowledged that there is a fair amount of housing stock in his District that
could benefit from remodeling or home improvement and hoped this initiative will help in that
regard.
Council Member Petros stated that he appreciates the notion of a dividend and providing back to
the City, but expressed concerns with the narrow margin that the program will affect and asked if
there is anything else that could affect a broader portion of Newport Beach residents.
Council Member Curry pointed out the amount of money already being spent on infrastructure in
the City this year and how that benefits everyone in the City.
Mayor Hill reported that other alternatives were considered but many would have no affect on the
economy.
The motion carried by the following roll call vote:
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City Council Regular Meeting
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Ayes: Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem
Selich, Mayor Hill
Nays: Council Member Gardner, Council Member Daigle
17. Balboa Village Theatre - Lease Amendment, Contribution (C -3248) [381100 -2014]
City Manager Kiff referenced the previous Study Session presentation, noting that Council Member
Henn has a list of things that he thought should be included if Council approved the proposal in
concept.
Motion by Council Member Henn, seconded by Council Member Currv, to agree in concept
to the Balboa Performing Arts Theatre Foundation's proposal, pending 1) rehabilitation of the
building at a cost of $2 million to be paired with the Foundation raising $2 million of private money
to be used for the operation of the facility under a lease with the City for a performing arts venue;
2) $2 million being raised and in the bank unencumbered; 3) completion of due diligence on the cost
estimate to the City which would be supported by the Foundation obtaining preliminary plans and
costs estimates as soon as possible for City staff to review and vet; 4) the provision of a
professionally written, full scope business plan that Council would review and approve;
5) renegotiation of a lease with appropriate operational covenants; and 6) City to have right to name
up to two members of the Foundation Board. W L
Mayor Pro Tem Selich suggested having a professional peer review and placing a time limit on the
item.
Council Member Henn amended his motion to include: 1) a peer review of the business
plan and 2) placing a time limit of six months for the Foundation to raise the money.
Dr. Donald Hecht, Chairman of the Board for the Balboa Performing Arts Theatre Foundation,
stated that the time limit should begin as soon as the matter received Council approval. Council
Member Henn noted that the approval in concept would be granted tonight if adopted by Council.
Following discussion, Council Member Henn amended his amended motion to change the
time limit to December 31, 2014. Council Member Curry seconded the amended motion.
In response to Jim Mosher's question, City Manager Kiff noted that there is no resolution for
approval at this time.
Jim Mosher suggested Council wait two weeks until a resolution is developed and expressed
concerns with disposition of the money if the Foundation is not able to raise the funding. He
commented on risks if the venture fails.
Council Member Daigle emphasized that the business plan would need to be reviewed and approved
by Council.
Mayor Pro Tem Selich stated that it must be made clear that Council approval is conditional upon
the fundraising and added that if the business plan or other conditions are not met, he would have
no problem voting against the issue at the appropriate time.
Dr. Donald Hecht stated that the Foundation intends to publish the conditions as approved by the
City Council so there can be no misunderstandings.
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The amended motion carried by the following roll call vote:
Ayes: Council Member Petros, Council Member Curry, Council Member Henn, Council Member
Daigle, Mayor Pro Tern Selich, Mayor Hill
Nays: Council Member Gardner
18. Agreement with Visit Newport Beach & Company (VNB) to Manage NBTV Programming
and Operations (C -5762) [381100 -2014]
Public Information Manager Finnigan referenced the staff report and summarized the City's goals
with the proposed agreement, why the City has chosen to partner with Newport Beach & Company,
and the terms of the agreement.
City Manager Kiff added that staff believes it would be appropriate to bring the final agreement to
Council.
Council Member Gardner expressed concerns regarding the feasibility of the City Manager and his
staff reviewing so much information. Additionally, she expressed concerns regarding someone
editing Council meeting videos, the bulletin board procedure, and the need to clarify regarding
existing policies on how committees can communicate. She asked about indemnity agreements and
the type of controls to be implemented.
Mayor Hill confirmed that those would be suggestions to staff as they develop the final agreement.
Council Member Daigle commented on the Toshiba Golf Tournament and stated that the City could
play a more active role in supporting the event. She inquired regarding the sponsorship component.
Public Information Manager Finnigan reported that Newport Beach & Company would be
responsible for obtaining sponsorships and the money would go back into the program to help
increase production values.
In response to Council Member Daigle's suggestion to have the agreement reviewed by outside
counsel, City Attorney Harp indicated that the laws are straightforward and that review by outside
counsel will not be necessary.
Council Member Henn voiced his support of the proposal and that he sees a significant public
governance benefit.
Motion by Council Member Gardner, seconded by Council Member Curry, to approve, in
concept, pending the return of a contract at a future City Council meeting.
Jim Mosher believed that this matter deserved a Study Session review and stated that there are a
number of firms and companies, besides Newport Beach & Company, that could provide this service.
Additionally, he questioned why a Request for Proposal (RFP) was not prepared and commented on
the need for clarity in terms of sponsorships.
Council Member Gardner commented on programming, noting that it is being expanded for
additional coverage.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
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XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Recessed at 9:00 p.m. to Closed Session and reconvened at 9:26 p.m. with
Council Member Henn absent. City Attorney Harp announced that no reportable actions
were taken during Closed Session. The City Council meeting adjourned at 9:27 p.m.
The agenda for the Regular Meeting was posted on the City's website, on the City Hall
Electronic Bulletin Board located in the entrance of the City Council Chambers at
100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the City
Council Chambers at 100 Civic Center Drive on March 6, 2014, at 4:00 p.m.
Recording Secretary
Mavnr
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