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HomeMy WebLinkAbout05/27/2014 - Study Session / Regular MeetingCity Council Minutes Study Session and Regular Meeting May 27, 2014 I. ROLL CALL - 4:00 p.m. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill II. STUDY SESSION SSl. Clarification of Items on the Consent Calendar - None SS2. Lower Castaways Draft Concept Plan Harbor Resources Manager Miller introduced the item and deferred to Harbor Commissioner Girling for the presentation. Harbor Commissioner Girling expressed his appreciation to Harbor Commissioners, Parks, Beaches, and Recreation Commissioners, and staff for their contributions. He provided a PowerPoint presentation, addressing land use considerations, summary conclusions, moving the historical monument sign on Dover Drive, Harbor Commission goals and objectives, the vicinity map, background, historical photos, surrounding uses, subject site, existing on -site uses, land use regulations, the General Plan designation, zoning, CEQA considerations, access considerations, easements, Marine Protected Area (MPA) issues, the Anchor QEA report, ideas from study sessions, the preliminary plan, preliminary renderings, the timeline, and feedback from previous meetings. He presented information on alternate dock locations, challenges, and next steps. Mayor Hill commended the group for its work and efforts. Council Member Henn noted that it will cost money to proceed with next steps and asked whether funds have been incorporated into the budget. Public Works Director Webb reported that money has been set aside in the Capital Improvements Program (CIP) to begin the work. He added that $300,000 has been targeted to begin concept development and permitting. Council Member Petros commented positively on the effort and especially liked that thought is being given to sustainable building practices. He commented on the proposed grand staircase and on changing bluff faces, and believed that a grand staircase might not be in keeping with the existing natural setting. Mayor Pro Tem Selich commented positively on the plan and commented on challenges with access and making modifications to the bluffs. Council Member Henn stated that he is in favor of moving forward and commented positively on the concept. He added that, since the plan significantly expands public access, that may be beneficial when being considered by the Coastal Commission. Mayor Hill commented on the property being revenue - generating. Former Mayor Don Webb complimented Council Member Gardner, Harbor Commissioner Girling, and staff for its work on this matter. He believed that this provides a great opportunity for the Volume 61 - Page 566 City of Newport Beach Study Session and Regular Meeting May 27, 2014 City and commented on the importance of the stairway as it will improve connectivity between the upper and lower levels. He noted that the area under the bridge is a bicycle pathway, many of the Junior Lifeguard Program participants use it, and cautioned against reducing the pathway. Commissioner Girling reported that bicycles use a separate area which is not being proposed to have any changes. SS3. FY 14 -15 Proposed Budget and CIP Capital Imarovement Program (CIP Council Member Gardner reeused herself from discussions regarding the Annual Citywide Sidewalk, Curb and Gutter replacements and the Annual Citywide Street Slurry Seal projects as some areas may be within 500 -feet of her home, and the Tot Lot Resurfacing on Bayside Drive project since it is within 500 -feet of her home. Council Member Daigle reeused herself from the Eastbluff Bike Lane Construction since the project is within 500 -feet of her home. Council Member Henn reeused himself from the Lido Fire Station Replacement, and the Via Lido to 30th Street, Newport Boulevard/32nd Street, and the Newport Boulevard Water Main Replacement - 19th to Channel Bridge, and the Food and Wine Festival [the recusals, as previously stated at the May 13, 2014 Study Session, were due to, in some cases, the location of his home or because of a consulting relationship he has with a business in the Via Lido Plaza]. Council Member Petros reeused himself from the Alley Pavement Replacement in Newport Heights since it may be within 500 -feet of his home. Mayor Hill reeused himself from the Alley Pavement Replacement in Newport Heights, the Newport Boulevard Regional Traffic Signal project, the Mariner's Mile Highway Configuration and Land Use, Newport Boulevard Landscaping, Semeniuk Slough, and the Turf Replacement/Irrigation Retrofits projects since he owns property within 500 -feet of those projects. City Manager Kiff introduced the item, noting that the budget is balanced and has a big Capital Improvement investment as well as other positive elements. He addressed FY 2014 -2015 position changes, Business Improvement Districts (BIDs), Council Discretionary Funds, and the 2014 -15 Tidelands budget. Council Member Henn noted that the budget for Marina Park is not listed and that no expense has been appropriated directly out of the Tidelands budget for Marina Park, but it is anticipated that a repayment will occur. He hoped that it would be reported appropriately. City Manager Kiff reported that it will be included in the final iteration of the budget for adoption. In response to Mayor Pro Tem Selich's question, Public Works Director Webb noted that the Balboa Island Seawall Project is programmed into the budget, but recognized the need to work with staff to set the money aside. City Manager Kiff indicated that this can still be done with Council direction. Mayor Hill commented on the money being allocated to the Tidelands Fund from the General Fund and spoke in support of showing funds for the Balboa Seawall Project. Volume 61 - Page 567 City of Newport Beach Study Session and Regular Meeting May 27, 2014 Council Member Henn commented on the funds spent for harbor dredging and cleanup in the last year. City Manager Kiff reported that staff is working on a document that will look back on the last three fiscal years relative to expenditures and sources of revenue, and will provide it to Council at the next meeting. He also noted that the beginning fund balance incorporates previous spending for the Lower Bay dredging and the Rhine Channel. Council Member Gardner commented on the Harbor Capital Fund and asked whether the Seawall Project qualifies and questioned if this is the right allocation. City Manager Kiff reported that staff had envisioned that the Balboa Island Seawall Project would be paid through a variety of sources, such as the Tidelands Fund. Council Member Henn agreed, but indicated it should also be in the context of paying for the marina at Marina Park. Special Event Funds Council Member Gardner stated that ongoing operational support should not be seen as special events, believing it should have its own budget line item and commented on a policy defining the percentage contribution by the City. City Manager Kiff reported that staff reviews the requests to ensure that funding is less than 25% of the total budget. Public Information Manager Finnigan added that, if there were a request that came in at 25% or more of the total budget, staff would lower the requested amount to 25 %. Council Member Daigle expressed appreciation for efforts at increased transparency, but believed that the current system could be further refined suggesting an electronic process in terms of waiving fees. Regarding the Food and Wine Festival, she reported that the level of support is higher, but that the waiver of City fees is also higher than other events as they rent the Civic Center Green and Community Rooms. She added that they are essentially getting a fee waiver so General Fund money can be allocated to different Departments for various fees. Council Member Gardner noted that, of the special event requests, two received $15,000, one of which was the Food and Wine Festival. She added that it is a newer event and there are older events that have asked for more funding but their allocations were decreased. Council Member Daigle noted that the level of fees for existing events is not as high and that what is being proposed for the Food and Wine Festival is effectively a fee waiver. Discussion followed regarding covering City permits and site rentals For the Food and Wine Festival. City Manager Kiff acknowledged that it is a new event and stated it will be difficult to know what the fees will be until the day of the event. Public Information Manager Finnigan added that $15,000 will be for their Community Room use, the Civic Center Green, and the use of City Hall parking for that weekend. Council Member Daigle noted that they also have policing fees of $6,700 and a trash fee of $7,800. In response to Mayor Pro Tem Selich's question, Public Information Manager Finnigan clarified that the Library, Park and parking structure will still be open to the general public. In terms of the total budget for special events, Council Member Petro$ pointed out that the City will be allocating 15% more in total expenditures to the organizations this year compared to last year. Council Member Daigle commented on the amount of surplus, adding that it does not need to be a "zero sum game ". In response to Mayor Hill's question, City Manager Kiff stated that Council has the prerogative to add items. Volume 61 - Page 568 City of Newport Beach Study Session and Regular Meeting May 27, 2014 Council Member Curry stated that Council did a good job holding the line last year from the previous year, particularly relative to organizations that have been long-time recipients. He noted that the proposed increase totals approximately $40,000 from last year and suggested seeing how the Food and Wine Festival turns out. He commented positively on staffs efforts and noted that once someone gets on the list it is hard to cut them back. There are items that are long- standing and important community functions, but indicated he is happy with the list as it is. Stefanie Salem, President of NewBe Productions, asked to receive the full requested amount for the Food and Wine Festival. She addressed features of the event and noted that it will promote Newport Beach restaurants and local businesses, which will bring in visitors and tax dollars and economic growth for the City. She added that 100% of the net proceeds will go to local charities. Jim Walker, Newport Beach Restaurant Association (NBRA), commented on the importance of Restaurant Week and expressed his appreciation to staff for trying to cut their expenses. In terms of the NBRA BID, he understood that there would be a reduction of $20,000 in terms of costs to the BID. However, he pointed out that $20,000 will be cut from the $40,000 they requested in order to pay for that. He asked for consideration of $16,000 to help with Restaurant Week. In response to Council Member Henn's and Mayor Pro Tom Selich's inquiries on the BID's item, City Manager Kiff discussed the costs, waiving of the costs, and agreed to provide Council with a reconciliation prior to consideration at the Regular meeting. Discussion ensued regarding the administrative costs and the $40,000. Bernie Svalstad indicated that the Corona del Mar (CdM) BID is compromised with staff and is seeking Council approval of the recommendation as presented for the CdM BID. In addition, as a representative of the CdM Chamber of Commerce, he recommended a $2,500 increase for the Christmas Walk event. Ed Trainor, Balboa Island Museum & Historical Society thanked Council for continued support, provided a recap on the value of such support and requested Council approve the recommendation. Stacy Davis, Orange County Affiliate of Susan G. Komen Race for the Cure thanked Council for their support and requested an increase of support to $5,000. Matt Wiley, President of the Newport Elementary School Foundation, provided their requested amount and staff's recommendation.. He discussed the reliance on fundraising and thanked Council for support. Gregg Schwenk, Newport Beach Film Festival thanked Council for past and continued support of the Festival. He addressed the upcoming 15 year anniversary and discussed future goals. Jim Mosher spoke on the purpose of Special Event funding, discussed rejected applicants and reasoning, and Council discretionary accounts. City Manager Kiff concluded with the Budget Checklist noting that if Council has a change to Special Events they would be added to the list and adopted all at once at the next meeting. Council Member Gardner requested consideration of adding funding of the design of the CdM Entryway Project at MacArthur. Public Works Director Webb indicated the design is in the budget. Volume 61 - Page 569 City of Newport Beach Study Session and Regular Meeting May 27, 2014 In response to Mayor Pro Tom Selich's question on the Civic Center's 2nd year of the Sculptures in the Park program, City Manager Kiff indicated he will specify the program in the Checklist. Council Member Curry requested a description of the scope of the Big Canyon Reservoir Maintenance Yard Project. Public Works Director Webb discussed the location confirming it is money needed in addition to the budget and it will be awarded next year. Recreation Manager Sean Levin responded to Council Member Daigle's inquiry on Special Events trash fees sponsorship. He indicated trash for the Food and Wine Festival will be done through an outside vendor and is not a City charge; therefore, the event could get a sponsor. Council Member Curry commended staff and supports staffs recommendation III. PUBLIC COMMENTS -None IV City Attorney Harp announced that Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. The City Council adjourned to Closed Session at 6:16 p.m. (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 Property: 209 Washington Street and 608 East Balboa Blvd., Newport Beach, CA 92661 Agency negotiator: Dave Kiff and Rob Houston Negotiating parties: ExplorOcean Under negotiation: Instruction to negotiator regarding price and terms of payment. Property: 1499 Monrovia, Newport Beach, 92663; APN: 424 - 401 -14 Agency negotiator: Dave Kiff, City Manager Negotiating parties: Kobe Inc., Andrea Fairchild, President Under negotiation: Instruction to negotiator regarding price and terms of payment. V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 61 - Page 570 City of Newport Beach Study Session and Regular Meeting May 27, 2014 VII. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill VIII. CLOSED SESSION REPORT City Attorney Harp announced that there were no reportable actions taken. DI, PLEDGE OF ALLEGIANCE - Council Member Curry X. INVOCATION - Reverend Melissa Rusler, Christ Church by the Sea MM Proclamation Proclaiming the Month of May as "Lupus Awareness Month" - Mayor Hill read the proclamation and presented it to Bridget Hood of Lupus L.A. Ms. Hood provided testimony of her experience with Lupus, listed common symptoms, provided contact information, and thanked the City and City Council for the proclamation. Laurissa Nieto provided testimony of her experience with Lupus. XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM) Council Member Gardner announced that the Corona del Mar 5K will be held on June 7, 2014, and encouraged residents to attend. Council Member Petros reported on a recent meeting regarding possible locations for the West Newport Community Center and thanked those who participated and shared their perspectives on the sites being considered. Additionally, he reported on a recent Neighborhood Watch meeting at his home and thanked the Newport Beach Police Department for their efforts in providing necessary resources. He encouraged residents to learn about the issues and participate in the Neighborhood Watch program. He reported on work being done by the Sanitation District, provided an update on the project, and requested an update from staff regarding the schedule and the extent of the project. Mayor Pro Tem Selich announced that the Balboa Island Parade will be held on June 1, 2014, at 11:00 a.m., discussed the theme, and invited residents to attend. Council Member Daigle reported that the Fire Department and the Public Works Department offer internships and encouraged those interested to apply. Additionally, she reported that the City's Fire Department provides advanced life services and that one of their interns, Andrew Morales, who is a pitcher for the University of California at Irvine, was recently named Big West Conference Pitcher of the Year. Relative to the John Wayne Airport (JWA), she reported that the County of Orange has released the Environmental Impact Report (EIR) for the proposed amendment of the Settlement Agreement, addressed the purpose of the EIR, and reported it is available in the Library, as well as online on the City's website. A community meeting will be held on May 28, 2014, in Tustin, at Hughes Middle School. She encouraged residents to provide their comments. She added that the City's preferred project is to protect and extend the noise -base curfew through 2035, addressed other City preferences, and noted that the Settlement Agreement expires December 31, 2015. Volume 61 - Page 571 City of Newport Beach Study Session and Regular Meeting May 27, 2014 Council Member Henn announced a meeting of the Tidelands Management Committee on May 29, 2014, in the Community Center and reported that the agenda will be devoted to further consideration of the Balboa Island Seawall Project. Council Member Curry reported participating in the Field of Honor Ceremony, hosted by the Exchange Club. Additionally, he reported celebrating Memorial Day with the Freedom Committee and congratulated those on Balboa Island who organized the Art Walk. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Rick Heil, Manager of the Corona del Mar Farmers Market, thanked the community and the City for its support and commended staff for their efforts in renegotiating the permits. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the May 13, 2014 Study Session and Regular Meeting [100 -2014] 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 the City Clerk to read by title only. B. ORDINANCE(S) FOR INTRODUCTION 3. Non - Exclusive Solid Waste Collection Franchise with Tierra Verde Industries, a California Corporation [100 -2014] a) Adopt Resolution No. 2014 -41, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive Solid Waste Franchise to Tierra Verde Industries, a California Corporation; b) direct the City Clerk to publish Resolution No. 2014 -41 within 15 days of its adoption; and c) introduce Ordinance No. 2014.10, An Ordinance of the City Council of the City of Newport Beach Granting a Non - exclusive Solid Waste Franchise to Tierra Verde Industries, a California Corporation, to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach, and pass to second reading on June 10, 2014. C. RESOLUTION($) FOR ADOPTION 4. Calling the November 4, 2014 General Municipal Election for City Council Seats [391100 -2014] Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 4, 2014, pursuant to Section 1000 of the City Charter: a) Adopt Resolution No. 2014 -42, A Resolution of the City Council of the City of Newport Beach, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2014, for the Election of Members of the City Council as Required by the Provisions of the City Charter; b) adopt Resolution No. 2014 -43, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 4, 2014, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and c) adopt Resolution 2014 -44, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Submitted to the Voters at an Election to be Held on Tuesday, November 4, 2014. Volume 61 - Page 572 City of Newport Beach Study Session and Regular Meeting May 27, 2014 D. CONTRACTS AND AGREEMENTS 5. Bristol Street Landscape Improvements - Completion and Acceptance of Contract No. 4843 (CAP12 -0005) [381100 -2014] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after this Council acceptance. 6. Revocable License Agreement between the City of Newport Beach and Rick Heil to Operate the Corona del Mar Certified Farmers' Market Located at the Bayside Drive Parking Lot, and a Request for a Rental Rate that is Below Fair Market Value (C -4357) [381100 -20141 a) Find this 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 the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) approve a five -year license agreement with an annual rent of $3,600 per year, as adjusted annually by the Consumer Price Index (CPI), which is below fair market value, based on the findings contained in this staff report and in the attached Revocable License Agreement, that charging less than fair market value promotes the City's goals to provide an essential or unique service to the community that cannot otherwise be provided if full market rates were charged; and c) approve a waiver of City Council Policy F -7 based on the findings contained in this staff report and in the attached Revocable License Agreement, that converting the property to another use or changing the licensee of the property would result in an excessive vacancy, and authorize the City Manager or his/her designee to enter into an agreement with Rick Heil. Council Member Gardner recused herself from this item since she lives within 500 -feet of the subject property. Harbor Piers Maintenance Project - Award of Contract No. 5756 (CAP14 -0023) [381100- 20141 a) Approve the project plans and specifications; b) award Contract No. 5756 to Associated Pacific Constructors for the Total Bid Price of $181,986.75 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $18,200.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. 8. Approval of Professional Services Agreement with Iteris, Inc., for Traffic Signal Modernization Project — Phase 8 (San Miguel Drive and Miscellaneous Locations) (CAP15 -0021) (C -5832) 1381100 -20141 Approve a Professional Services Agreement with Iteris, Inc. ( Iteris), of Santa Ana, for the design of Phase 8 of the Traffic Signal Modernization Project at a not to exceed price of $171,825.00, and authorize the Mayor and City Clerk to execute the Agreement. E. MISCELLANEOUS 9. Planning Commission Agendas for the May 22, 2014 Study Session and Regular Meeting [100 -20141 Receive and file. Volume 61 - Page 573 City of Newport Beach Study Session and Regular Meeting May 27, 2014 10. Confirmation of Voting Delegate and Alternate for the 2014 League of California Cities (LCC) Annual Conference - September 3-5, 2014, in Los Angeles [100-20141 a) Designate Mayor Rush Hill as the City's Voting Delegate and Council Member Keith Curry as the City's Alternate Voting Delegate at the Annual League Conference to be held from September 3-5, 2014, in Los Angeles; b) direct the City Clerk to complete and submit the League designation form by Thursday, July 31, 2014; and c) authorize Mayor Rush Hill and/or Council Member Keith Curry to attend the Annual League Conference pursuant to Charter Section 402 and City Council Policy F-8. 11. Dinghy Rack Rental Rate [100-20141 Continue to the June 10, 2014 City Council meeting. 12. Proposed Land Use and Zoning Designations Amendments Located at 191 Riverside Avenue (PA2013-210) [100-20141 Staff recommends that this item be removed from calendar. 13. Set Public Hearing Date to Adopt Fiscal Year 2014-15 Budget [100-2014] Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2014-15 on June 10, 2014, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. Motion by Mayor Pro Tem Selich, seconded by Council Member Council Member Curry, to approve the Consent Calendar, except for the items removed (14 and 15); and noting the continuance of Item 11 and Council Member Gardner's recusal on Item 6. 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 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 14. West Newport Community Center Update [100-20141 Council Member Gardner reported attending various community meetings on this subject and proposed eliminating the Superior Avenue/Pacific Coast Highway location for the West Newport Community Center, stating there are many reasons that outweigh possible benefits, and would eliminate wasting resources and time in its evaluation. Council Member Petros expressed support for Council Member Gardner's proposal, adding that the site would have merit if not for access challenges. Mayor Pro Tem Selich suggested including the Road & Track property at 1499 Monrovia Avenue as a site to study, and listed reasons why it would make an excellent site for a community center. Council Member Daigle expressed support of Council Member Gardner's and Mayor Pro Tem Selich's suggestions. She added that eliminating the Superior Avenue/Pacific Coast Highway location would also reduce consultant costs. Council Member Henn also expressed his support. Volume 61 - Page 574 City of Newport Beach Study Session and Regular Meeting May 27, 2014 Assistant City Manager Badum utilized a PowerPoint presentation to discuss the background and highlighted the community outreach. He provided information on the proposed programs, preferable locations, outdoor amenities, indoor amenities, comments from participants, and concerns regarding safety at Sunset Ridge Park. In response to Council Member Petros' question, Recreation and Senior Services Director Detweiler reported on the proposed swimming pool and demand, challenges with high school pools, and the focus on recreational programs. Motion by Council Member Gardner, seconded by Council Member Petros, to eliminate Superior Avenue/Pacific Coast Highway site as consideration for the Community Center; preliminarily study the 1499 Monrovia Avenue site; and direct staff to continue exploring ways to improve pedestrian access in the Superior Avenue/Pacific Coast Highway area. In response to Council Member Daigle's question, it was noted that no one has yet been retained for the design of the project. Mike Johnson expressed relief that Council has eliminated the Superior Avenue/Pacific Coast Highway site from consideration. He commended Council and believed that including a play field for sports leagues at the 16th Street site should be explored. George Schroeder provided a PowerPoint presentation, addressing the results of his online poll, parking and levels of service at Superior Avenue/Pacific Coast Highway, and traffic. He added that there is a commitment by the City to fix Sunset Ridge Park, including adding more parking and a pedestrian bridge. He agreed with Mayor Pro Tem Selich's suggestion to explore the Monrovia site, as well as with the need for a large pool. Lori Morris thanked Council for its support. Jim Mosher expressed confusion with Mayor Pro Tem Selich's suggestion since the Closed Session Agenda ,indicated that Council would be discussing the sale of that site. He believed it would be premature to consider selling it. 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 Seiich, Mayor Hill 15. Items for Future Study [100 -2014] Council Member Gardner noted that the Environmental Quality Affairs Citizens Advisory Committee (EQAC) meets at the will of Council and stated that her intention was to allow EQAC to meet, set objectives, and bring them before Council for consideration. Motion by Council Member Gardner, seconded by Council Member Petros, to call a meeting of EQAC in order to set objectives and bring those back to the City Council for approval. Council Member Petros spoke in support of the suggestion, noting that the City is in the process of developing sustainability measures and that would be a great place to have the measures vetted. 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 Volume 61 - Page 575 City of Newport Beach Study Session and Regular Meeting May 27, 2014 XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Jim Mosher reported submitting written comments regarding the two BIDs that were disestablished but have reemerged as Merchant Associations. He referenced the agreements and commented positively on the requirement that they present a report to Council detailing how they have spent and will spend the grant money. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn provided an update on the recent Balboa Village Advisory Committee (BVAC) meeting and listed items considered on the agenda. Council Member Daigle reported that the Orange County Vector Control District Board of Trustees will begin a project on May 28, 2014, in Big Canyon to drop the water level and make it less inviting for mosquitoes. She reported that, with staffs assistance, they have come up with a cost - effective engineering solution. Mayor Pro Tem Selich reported that the General Plan /Local Coastal Program Implementation Committee will meet on May 28, 2014, in the Newport Coast Conference Room to continue discussions on the Local Coastal Implementation Plan. Mayor Hill commented on the Balboa Island Art Walk, noting it is a signature event for the community and encouraged residents to attend in the future. He commented positively on the Field of Honor Ceremony and reported attending a ceremony where ExplorOcean turned over a black - and -white photo collection of the history of sailing and the City. He noted that the collection will be on display at Sherman Library and Gardens. He also reported attending the Police Department promotions ceremony. He added that the Police Chief also addressed the City's Core Values during the ceremony. XIX. PUBLIC HEARINGS 16. Resolution No. 2014 -45: Renewal of the Newport Beach Restaurant Association Business Improvement District (NBRA BID) for Fiscal Year 2014 -15 1100 -20141 City Manager Kiff introduced the item, listed necessary actions, and addressed the Newport Beach Restaurant Association Business Improvement District (NBRA BID) original annual budget, the revised budget, proposed City contributions, and FY 2013 -2014 City contributions. Council Member Petros wondered if the NBRA BID is receiving the same funding to support their programs as in the past. City Manager Mff explained that they would have a net upside of $20,000 from what was originally proposed. Mayor Pro Tem Selich stated that the proposed budget change works for the Corona del Mar BID, but not for the NBRA BID. City Manager Kiff reported that, as proposed, it would add $40,000 to the Corona del Mar BID Council Member Henn clarified the calculations and it was noted that currently, the NBRA BID is paying $10,000 for administration costs because the City is covering the accounting portion. Going into the next fiscal year, they would be absorbing $40,000 in costs for administration and accounting services. Volume 61 - Page 576 City of Newport Beach Study Session and Regular Meeting May 27, 2014 City Manager Kiff clarified that now they will have no administrative costs as the City will incur these costs and give them $20,000 instead of $40,000. Mayor Hill noted that the net gain would be $20,000. Jim Walker, NBRA, explained that the NBRA was not given the opportunity to put the proposal out for a Request for Proposal (RFP). He believed that the City is giving them $40,000, but is also taking it since the $40,000 has been cut to $20,000 but the City has also cut their budget by $20,000. He expressed concerns that there is no longer the ability to use the funds for marketing. He stated that the net result would be approximately $8,000 in gain. Council Member Gardner noted that it may not be as big of a gain as desired, but it is a gain. Mr. Walker discussed increased costs and expressed concerns that they were not allowed to go out to bid on administrative and accounting functions and stated that to pay $20,000 a year for them is ridiculous. He believed that the number was inflated. Council Member Gardner noted that, in terms of the BID administrator, it is not simply about writing a few checks but rather someone who will carry things through the City and will be the go- to person. Mr. Walker stated that the BID will take on part of the administrative duties and that the City will be there to guide them. NBRA is looking to work with Visit Newport Beach (VNB) and commented on the City billing them $20,000 for accounting functions. He added that they are struggling and noted the need for funds for marketing and more consideration „requested an additional $10,000 for promoting Restaurant Week, and stated that they will do their best to reduce costs. Mayor Hill addressed the need to improve their collectibles and stated that City staff will be assisting in that effort. Mr. Walker believed that the City does not have the level of enforcement needed to verify the number of employees reported by BID members. Council Member Gardner noted that there may be members that do not feel there is any value in membership and suggested they look at ways in which memberships are structured in addition to collectibles. Mr. Walker agreed with the need to redefine membership criteria and reestablish a different BID fee structure. In response to Council Member Daigle's questions regarding collection of delinquencies, City Manager Kiff stated that it would be appropriate for the City to bill for those on a municipal service statements on a bimonthly basis, noting that staff has been reluctant to apply more enforcement tools. Council Member Henn noted that it should not be a consideration at this point as staff has not provided a concrete plan that will make a difference. He indicated that he favors allocating $10,000 more to NBRA to allow marketing efforts for Restaurant Week. Motion by Council Member Henn, seconded by Council Member Gardner, to a) approve the FY 2014.2015 NBRA BID budget; b) adopt Resolution No. 2014 -45, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2014 to June 30, 2015 for the Newport Beach Restaurant Association Business Improvement District (NBRA BID); and c) appoint the following to the NBRA BID Advisory Board of Directors for FY 2014 -2015: Alexandra Robinson, Park Avenue Cafe Cindy O'Shea, Whole Foods Market Dan Miller, Village Inn Volume 61 - Page 577 City of Newport Beach Study Session and Regular Meeting May 27, 2014 Jim Walker, The Bungalow Restaurant Joe Campbell, Ruby's Diner John Robinson, Amelia Seafood & Italian Restaurant Ronald Schwartz, Muldoon's Irish Pub Sheri Drewry, Wilma's Patio Stephen Joyce, Newport Beach Tennis Club Mayor Hill opened the public hearing. Jim Mosher commented on the assessment of a protest and asked whether the idea of the BIDS is of value to the people of Newport Beach. He reported attending most of the meetings of the NBRA but disagreed with the concept that it is the proper role of City government to be subsidizing private businesses when the same support is not offered to other businesses in the City. There being no further testimony, Mayor Hill closed the public hearing. City Clerk Brown announced the opportunity to present protests. There being no protests, she reported that there were no protests received at this time and she has not received any written protest. 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 17. Resolution No. 2014 -46: Renewal of the Corona del Mar Business Improvement District for Fiscal Year 2014 -2015 and Board Appointments for Fiscal Year 2014 -2015 [100 -20141 Public Information Specialist Locey introduced the item and presented recommendations as listed in the report. Motion by Council Member Gardner, seconded by Council Member Currv, to a) approve the FY 2014 -15 Corona del Mar BID budget; b) adopt Resolution No. 2014 -46, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2014 to June 30, 2014 for the Corona del Mar Business Improvement District (CdM BID); and c) appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2014 -2015: Bernie Svalstad, BPS Newport Financial Keith Dawson, Dawson & Dawson Jessica Prause, representing the Port Newport Theatre Jim Walker, The Bungalow Restaurant Karen Yould, Corona del Mar Florist Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery. Mayor Hill opened the public hearing. City Clerk Brown announced the opportunity to present protests. There being no protests, she reported that there were no protests received at this time and she has not received any written protest. There being no further testimony, Mayor Hill closed the public hearing. Volume 61 - Page 578 City of Newport Beach Study Session and Regular Meeting May 27, 2014 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 XY. CURRENT BUSINESS 18. AT &T Newport Center Telecommunication Facility Permit Located at 1600 Newport Center Drive (PA2013 -225) [100 -20141 Council Member Daigle recused herself from this item since she derives income from the telecommunications industry. Motion by Council Member Cures, seconded by Council Member Gardner, to continue the item to the June 10, 2014, City Council meeting per the applicant's request. Jim Mosher commented on the proposed project, noting that it is another proposal for a free- standing undisguised pole. He believed that the City should ask the applicant to consider another way of deploying the antennas so they are less intrusive. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Recused: Council Member Daigle 19. 2013 -2014 Citywide Slurry Seal Program — Award of Contract No. 5522 (CAP13 -0023) [381100 -20141 Mayor Hill and Council Member Petros recused themselves from voting on this item since they own property within 500 -feet of the proposed project. Public Works Director Webb provided a staff report and addressed the proposed vendor and contract amounts. He added that the Newport Heights area will be included. Motion by Council Member Curry, seconded by Council Member Gardner, to a) approve the project drawings and specifications; and b) award Contract No. 5522 to American Asphalt South, Inc., for the Total Bid Price of $520,200.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency amount of $52,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich Recused: Council Member Petros, Mayor Hill XYI. MOTION FOR RECONSIDERATION - None Volume 61 - Page 579 City of Newport Beach Study Session and Regular Meeting May 27, 2014 NMI. ADJOURNMENT - 8:24 p.m. The agenda for the Study Session, Closed Session, and 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 May 22, 2014, at 4:00 p.xn. _— 00 - ;, f\�- City Clerk Akl�,S, Recording Secretary Mayor Volume 61 - Page 580