HomeMy WebLinkAbout08/12/2014 - Study Session / Regular MeetingCity Council Minutes
Study Session and Regular Meeting
August 12, 2014
I. ROLL CALL - 4:30 p.m.
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Council Member Daigle, Mayor Hill
Absent: Mayor Pro Tern Selich (excused)
II.
SSI. Clarification of Items on the Consent Calendar
Council Member Daigle asked regarding the City's Project Manager on Item No. 12
(Professional Services Agreement with Gonzalez Goodale Architects — City Yards
Consolidation, Phase 1 Conceptual Design). Assistant City Manager Badum indicated he is
the City's Project Manager for this item. In response to Council Member Daigle's inquiry
on why the chosen firm was the most qualified, Assistant City Manager Badum stated that
he can provide that information. Additionally, he reported that the needs assessment was
provided by another consultant group and Council Member Daigle requested a copy of the
needs assessment also.
Mayor Hill reported on Item No. 10 (Eastbluff Drive /Ford Road Bike Lane Improvement)
and noted that the project will be expanding the roadway and providing bike lanes. There
will be no limiting of existing traffic lanes.
SS2. Employee Recognition by City Manager of Wayning Hsu and Jim Turner
City Manager Kiff described the Dorothy Palen Award and recognized Wayning Hsu with
our IT Division as this year's recipient. He explained the nomination and selection process,
commented on the qualifications and responsibilities of Ms. Hsu and commended her for
her service to the City.
City Manager Kiff recognized and commended Battalion Chief Jim Turner for his service to
the City and listed his background, qualifications and responsibilities. He added that Mr.
Turner plans on retiring in October. Mr. Turner expressed his appreciation for the
opportunity to work for the City and commented on his background and experience in the
City.
SS3. Summary of Past and Ongoing Bicycle Improvement Projects
Public Works Director Webb introduced the item and referenced a list of all the Capital
Improvement Projects in the City. He introduced and deferred to Senior Engineer
Sommers for a report.
Council Member Daigle referenced a project along East Bluff Lane noting that the portion
of it is beyond 500 -feet of her home.
Senior Engineer Sommers provided a PowerPoint presentation addressing completed
bicycle projects from fall of 2009 to present.
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Council Member Gardner commented positively on the bicycle racks
Senior Engineer Sommers addressed planned projects and in response to Council Member
Daigle's inquiry, explained gap closures. He presented grant- funded projects and status of
the City Bicycle Master Plan Project. He added that the information, including the Master
Plan can be found on the City's website at www .newgortbeachea.gov/bikesafety.
Council Member Daigle highlighted the terrific work done by the City. She commented on
the Castaways Trail improvements, Bayside Drive bike rack improvements and signage
improvements on Ocean Front.
Senior Engineer Sommers commented on what staff has accomplished in the referenced
areas. He addressed eligibility for funding opportunities for various projects.
Council Member Petros thanked Mr. Sommers for his commitment to bicycle safety. He
noted that of the 20 projects completed, most came as a result of public involvement and
the public's desire for change. He added that this is an organic, citizen -drive commitment
to cycling. He addressed community outreach and involvement to improve cycling,
motoring and mobility safety in the City. He thanked Council colleagues, staff and the
public for their involvement.
Council Member Daigle expressed her appreciation to Council Member Gardner for "getting
the ball rolling ".
SS4. Water Conservation Update, Including Recent State Water Resources Control
Board (SWRCB) Direction on Water Use Reduction (5:15 p.m.)
City Manager Kiff introduced the item noting a related action to be taken by Council at the
regular meeting. He deferred to staff for a presentation.
Municipal Operations Acting Co- Director Murdoch noted the attendance of Water
Specialist Burckle as well as Stephen Sheldon, Board Member of the Orange County Water
District. He provided a PowerPoint presentation addressing the City's water sources,
water supply status, emergency State regulations and Newport Beach water supply
regulations.
In terms of the base amount, Council Member Gardner noted that one of the big flaws in
the current system is the lack of tiered water rates. She noted the need to implement a
system that is more equitable than the current system.
Municipal Operations Acting Co- Director Murdoch addressed water billing, procedure for
declaration and recommendations for Council action. He commented on the Resolution of
Intent, exemptions, relief from compliance and future actions.
Council Member Gardner recommended having information available for residents to print
and distribute to service providers such as gardeners. Municipal Operations Acting Co-
Director Murdoch added that consideration was given to having a brochure available for
use by City staff to educate the public.
Council Member Daigle commented on the system used for educating the public relative to
residential waste and on the possibility of doing the same in terms of water conservation.
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In response to Council Member Petros' inquiry on enforcement, Municipal Operations
Acting Co- Director Murdoch commented on administrative citations, staffing issues, other
actions, and noted that more information can be obtained at www.watersmartnewport.org.
Council Member Gardner commented on greywater and suggested providing "handy hints"
regarding water use. Municipal Operations Acting Co- Director Murdoch noted that the
City wants to set the example and needs to be a leader in water conservation. He
addressed future increases in incentives and listed useful websites for residents including
www. ne wn ortbe achea. gov /water.
SS5. Next Steps for the Balboa Theater (5:45 p.m)
City Manager Kiff introduced the item and provided a PowerPoint presentation including
the concept of moving away from a Theater to a fine arts center with community /dynamic
space. The space would be open and flexible and he addressed potential programming and
program priorities, estimated costs and ongoing operation revenues and expenses.
In terms of subsidies, in response to Council Member Gardner's inquiry, Recreation and
Senior Services Director Detweiler compared OASIS and the Newport Coast Community
Center with the subject concept. She added that Newport Coast figures were used for
deriving expenses related to the new facility. Council Member Gardner noted that it is not
unusual for the City to subsidize a building.
Mayor Hill addressed the definition of facility rentals and noted it includes fees for
providing City classes and activities.
Council Member Petros commented on an open, flexible space in Laguna Beach and
suggested that staff include it in their research.
In response to Council Member Henn's question, Recreation and Senior Services Director
Detweiler expressed confidence in the ability to program activities at this facility
appropriately. She noted the need to program more fully than what has been programmed
currently and commented on the popularity of specific classes and activities.
Council Member Gardner commented on a challenge with parking in the area including
metered parking and asked whether this concept works with the current agreement with
the Coastal Commission. Recreation and Senior Services Director Detweiler acknowledged
that parking plays an important role but that the City offers programs in the entire
community and parking issues exist throughout. Additionally, City staff works closely with
contractors to get kids to where they need to be without parents having to park their cars
and get out when taking them to the site. She added that staff is creative and would need
to continue being creative with this facility.
In response to Council Member Gardner's comments, City Manager Kiff reported that staff
reviewed the Coastal Development Permit and believes that the concept is consistent with
same.
Council Member Petros commented on a detailed parking study done as part of the Balboa
Village Advisory Committee (BVAC) and suggested that would be helpful to use in
implementing this concept.
Council Member Henn stated that the Coastal Commission was concerned about contention
with beach access during the high season and weekends and that there are restrictions in
terms of when programming can occur. He assumed that the same would apply to the
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subject concept. City Manager Kiff addressed advantages of the concept and listed
suggested actions should Council like to pursue this matter further.
In response to Council Member Gardner's question, City Manager Kiff reported that the
City would be the holder and manager, and may hire a contractor to handle management of
bookings.
Mayor Hill noted that the City could have a leases to whom the building would be leased
for a specific number of nights per year and they would have the responsibility for live
performances.
Council Member Henn thanked staff and Steve Beazley and the Foundation for their
constructive help in re- aiming the purposing of the facility as well as residents who have
supported the Theater. He commented on the success of private fundraising. He noted
that the idea has great value and that the Theater has great value in helping with the
revitalization of Balboa Village and enhancing the arts and culture theme. He hoped that
Council will agree to study this matter further and see if a specific and actionable program
can be developed.
Council Member Gardner agreed with Council Member Henn, commented positively on the
plan and community support.
Council Member Henn proposed having a donor wall or another type of program of
recognition for prior donors in the facility.
Council Member Petros stated that he is intrigued with the concept and reported that
unfortunately, the Orange County Museum of Art (OCMA) is on the brink of being lost and
there will be no space for exhibits. He supported moving forward with this matter and
stressed the need to be clear that this would be for arts and cultural events in the City and
high -level exhibits.
Council Member Curry thanked members of the community who served on the board over
the years. He noted that Council Member Henn has been tireless in his support of the
Theater and that the concept provides an opportunity to have a community center in the
heart of the Peninsula. He added that the concept has tremendous potential and
encouraged moving forward with it.
Council Member Daigle stated there is more than one way to do things to get to a point of
providing art to the community and that the community will benefit from this and thanked
all those involved.
Mayor Hill noted the importance of the project for the Peninsula. He thanked those who
participated in the process. He believes there is another opportunity which involves this
being different than other City centers. He noted there is an asset in this building having
been a Theater and expressed concerns with the City getting into the live entertainment
business. He indicated he would like to see a triple net lease with City control factors,
where we run our programs, lease out certain periods of time and the revenue from the
lease covers financial deficiency. He encouraged moving forward with the concept and
asked that staff look at an opportunity for a lease.
Evelyn Hart, Chair of the Foundation, read a letter from Alison Ryffel of Balboa Peninsula
Point Association, expressing support for the proposed fine arts concept and asking that
Council move ahead so that they can close down the Foundation in a timely manner.
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Ralph Rodheim, Balboa Village Merchants Association, congratulated the City for the
concept noting that it will have a positive effect on the Village which has been the heart
and soul of the City.
Tom Pollack, President and CEO of ExplorOcean, spoke in support of the concept and
thanked the City and the Foundation. He added that this will positively affect the
businesses and community.
Council Member Henn thanked his Council colleagues for their patience and
understanding. He encouraged staff to come back to Council within the next few months
with a better and fully - defined template to lay a stamp of approval, prior to ending his
tenure with Council.
City Manager Kiff reported that Mayor Pro Tom Selich sent an email noting that he read
the staff report and the proposal and was in concurrence with this approach.
III. PUBLIC COMMENTS
Jim Mosher noted that since there is no Closed Session and urged Council to confine its
conversation during the recess to non -City business.
IV. RECESS — 5:54 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING — 7:00 p.m.
VI. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council. Member Curry, Council
Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
VII. PLEDGE OF ALLEGIANCE -Council Member Henn
VIII. INVOCATION- Council Member Curry
IX. PRESENTATIONS — None
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 Gardner announced a meeting of the Harbor Commission on August 13, 201.4, at
7:00 p.m., a meeting of the Tidelands /Water Quality Committee on August 14, 2014 at 3:00 p.m. in
the Newport Coast Room and a meeting of the Arts Commission at 5:00 p.m. in Council Chambers.
Additionally she announced two meetings regarding the Corona del Mar Entry at 6:00 p.m. on
August 20, 2014 in the Community Room and on August 21, 2014, at 9:00 a.m. at the Bungalow
Restaurant. She reported that the Environmental Quality Affairs Committee (EQAC) will meet on
August 30, 2014, at 6:00 p.m. to discuss priorities for the City to suggest ways in which to make the
City more environmentally astute.
Council Member Petros referenced previous announcements regarding sewer improvements along
West Coast Highway through Mariner's Mile and alerted the public that the Orange County
Sanitation District (OCSD) will be undertaking a very significant project through Mariner's Mile.
Although it is not a City project, the City is an active participant to protect businesses and
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XIII.
residents. Staff was able to get OCSD to look at extended evening hours and keep lanes open, and
City staff is focusing on outreach. There will be another outreach meeting on August 21, 2014, at
the Balboa Bay Club from 6:00 p.m. to 8:00 p.m. for all residents along the alignment.
Additionally, he reported that Cliff Drive Park is complete and announced the Second Annual
Hootenanny on September 21, 2014.
Council Member Daigle reported that, on behalf of the Mayor, she attended the recent opening of
Chase Bank at Jamboree and Santa Barbara and it is the 100th branch of the bank in Orange
County.
Council Member Henn announced that the Balboa Village Advisory Committee (BVAC) will meet
on August 13, 2014, at 4:00 p.m. at ExplorOcean to discuss design guidelines, streetscape
recommendations and look at the work plan for the rest of the year to present to Council in
October.
Council Member Curry commented positively on the recent Lobsterfest and congratulated Dr. Tim
Brown for making the event possible.
Mayor Hill reported that the City's Arts Commission has been working with staff on the Sculptures
in the Park program and noted progress being made in preparing the first phase of the exhibit. He
announced a save the date for September 13, 2014 at 2:00 p.m. for a grand opening celebration.
PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Daigle commented positively on Item No. 7 (Corona del Mar Water Transmission
Main Pipeline Improvements).
Council Member Petros acknowledged the work of City staff in advancing the work on Sunset View
Park.
CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the July 22, 2014 Regular Meeting [100 -2014]
Waive reading of subject minutes, approve as amended, and order filed.
Council Member Henn abstained from this item since he was not in attendance at
the July 22 City Council meeting.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City clerk to
read by title only.
B. RESOLUTIONS FOR ADOPTION
3. Balboa Bay Resort - Balboa Bay Way Street Renaming [100 -2014]
Adopt Resolution No. 2014 -72, AResolution of the City Council of the City of Newport Beach
Changing the Name of Balboa Bay Club to Balboa Bay Way, and finding the action is
exempt from 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,
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Mayor Hill recused himself from this item since he owns property within 500 -feet of
the project.
4. Resolution of Intent to Set a Public Hearing Regarding Declaring of a Level One
Water Shortage [100 -20141
a) Adopt a Resolution of Intention (Resolution No. 2014 -73), A Resolution of the City
Council of the City of Newport Beach Noticing its Intention to Declare a Level One Water
Supply Shortage, and to conduct a public hearing on September 9, 2014, to declare a
level one water supply shortage per Section 14.16 of the Municipal Code; and
b) Direct the City Clerk to publish Resolution No. 2014 -73 within fifteen (15) days of its
adoption and at least ten (10) days of the public hearing on September 9, 2014.
C. CONTRACTS AND AGREEMENTS
5. 2013 -2014 Miscellaneous Street Repairs - Notice of Completion and Acceptance of
Contract No. 5343 (CAP13 -0014) [381100 -20141
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the
Notice of Completion has been recorded in accordance with the applicable portions of
the Civil Code; and
c) Release the Faithful Performance Bond one year after Council acceptance.
Mayor Hill recused himself from this item since he owns property within 500 -feet of
the project.
6. 2013 -2014 Sidewalk, Curb & Gutter Replacement Project - Notice of Completion
and Acceptance of Contract No. 5491 (CAP13 -0020) [381100 -20141
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 acceptance by the City Council.
Corona del Mar Water Transmission Main Pipeline Improvements - Notice of
Completion and Acceptance of Contract No. 4603 (CAP11 -0019) [381100 -20141
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 acceptance by the City Council.
8. St. James Road Sewer Relocation and CDS Unit Installation - Award of Contract
No. 4910 (CAP12 -0027) [381100 -20141
a) Approve the project drawings and specifications;
b) Award Contract No. 4910 to Paulus Engineering, Inc. for the total bid price of
$539,645.00, and authorize the Mayor and City Clerk to execute the contract;
c) Establish a contingency of $54,000.00 to cover the cost of unforeseen work not included
in the original contract; and
d) Approve Budget Amendment No. 15BA -007 transferring $185,600 from Account
No. 7541- C7001003 (Wastewater Master Plan Improvements) to Account No. 7541 -
C7002005 (St. James Road Sewer Relocation) and appropriating $197,000 from the
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unappropriated General Fund balance to Account No. 7012- C7002005 (St. James Road
Sewer Relocation).
9. Sunset View Park - Award of Contract No. 5443 (CAP14 -0027) [381100 -2014]
a) Approve the final park design and the project plans and specifications;
b) Award Contract No. 5443 to Micon Construction, Inc. for the total bid amount of
$235,317.00, and authorize the Mayor and City Clerk to execute the contract;
c) Establish a contingency of $24,000.00 (approximately 10 %) to cover the cost of
unforeseen work; and
d) Approve Budget Amendment No. 15BA -005 appropriating $55,500.00 from the
unappropriated General Fund reserve to Account No. 7015- C4002012.
10. Eastbluff Drive /Ford Road Bike Lane Improvement — Award of Contract No. 5498
(CAP13 -0030) [381100 -2014]
a) Approve the project plans and specifications;
b) Award Contract No. 5498 to GMC Engineering, Inc. of Tustin, California, for the total
bid price of $297,000.00, and authorize the Mayor and the City Clerk to execute the
contract;
c) Establish an amount of $30,000.00 (approximately 10% of Total Bid) to cover the cost of
unforeseen work; and
d) Approve Budget Amendment No. 15BA -008 appropriating $96,000.00 from the Bicycle
Safety Fund (010 -3747) to the Eastbluff Drive -Ford Road Bike Lane Improvement
Project Account No. 7014- C3002021.
Council Member Daigle recused herself from this item since she owns property
within 500 -feet of the project.
11. MacArthur Boulevard Pavement Rehabilitation Project - Approval of
Professional Services Agreement with DMS Consultants, Inc. (C -5899) [381100-
2014]
Approve a Professional Services Agreement (PSA) with DMS Consultants, Inc. of Garden
Grove, California, for the MacArthur Boulevard Pavement Rehabilitation project (Phases 1
and 2) at a not -to- exceed price of $161,260, and authorize the Mayor and City Clerk to
execute the Agreement.
12. Professional Services Agreement with Gonzalez Goodale Architects - City Yards
Consolidation, Phase 1 Conceptual Design (C -5900) [381100 -2014]
Approve the Professional Services Agreement with Gonzalez Goodale Architects, and
authorize the Mayor and the City Clerk to execute the Agreement.
Council Member Daigle voted No on this item.
13. Plumbing Repair Services (C- 59011C -5903) [381100 -2014]
Approve three -year agreements with HSW Corporation of Mission Viejo and Pacific
Plumbing of Santa Ana for plumbing repair services at various City -owned facilities at a
total not -to- exceed cost of $540,000, and authorize the Mayor and City Clerk to execute the
Agreements.
14. School Resource Officer Program Agreement(C -3309) [381100 -2014]
Approve the Agreement between the City of Newport Beach and the Newport -Mesa Unified
School District to participate in the School Resource Officer Program ( "Agreement "), and
authorize the Mayor to execute the Agreement on behalf of the City.
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Council Member Daigle recused herself from this item since she owns property
within 500 -feet of the project.
D. MISCELLANEOUS
15. Planning Commission Agenda for the August 11, 2014 Special Meeting [100-2014]
Receive and file.
16. Accept the 2012 Emergency Management Performance Grant (C-8074-1) [38/100-
2014]
a) Accept the 2012 Emergency Management Performance Grant for $16,660 in funding for
maintaining the City's emergency management program; and
b) Approve Budget Amendment No. 15BA-003 increasing revenue estimates by $16,660 in
2335-4896, and appropriating those funds into Fire Department account 2335-82008.
17. Appointments to the Corona del Mar Business Improvement District Advisory
Board of Directors for FY 2014-15 [100-2014]
Appoint Tom Nicholson, representing Graviti Fitness, and Scott Palmer, BID Systems Inc.,
to the Corona del Mar Business Improvement District (BID) Advisory Board of Directors for
FY 2014-2015.
18. Budget Amendment to Accept a Check from the Newport Beach Public Library
Foundation and Appropriate Funds to the Library's Fiscal Year 2014/2015
Maintenance and Operation Budget [100-2014]
Approve Budget Amendment No. 15BA-006 to increase revenue estimates by $19,495 in
Account 4090-5893 (Library Foundation Donations) and to increase expenditure estimates
by the same amount in Division 4090 (Library Foundation Donations).
19. Budget Amendment to Cover Additional Costs for the John Wayne Airport (JWA)
Settlement Agreement's Environmental Impact Report (EIR) [100-2014]
a) Find that the Budget Amendment is not subject to the California Environmental
Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines; and
b) Approve Budget Amendment No. 15BA-004 to increase expenditure appropriations in
the City Council's Airport Management Division Budget, Professional & Technical
Account, 0121-8080, by $185,000, from the General Fund unappropriated fund balance.
20. Request to Retain Existing Private Improvements within the Public Right -of -Way
at
222 La Jolla Drive [100-2014]
a) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to
allow a crib retaining wall, concrete/wood steps, and private trees to encroach up to 7 -
feet into the La Jolla Drive right-of-way, contingent upon all conditions of the
Encroachment Permit process being met; and
b) Direct Staff to enter into an Encroachment Agreement with Owners, and authorize the
City Manager and City Clerk to execute the Encroachment Agreement within one (1)
calendar year upon receipt of approval.
Motion by Mayor Pro Tem Selich, seconded by Council Member Petros, to approve the
Consent Calendar except for Items removed (21), noting Council Member Daigle's recusals on
Items 10, 14; Mayor Hill's recusals on Items 3, 5; Council Member Daigle's no vote on Item 12; and
Council Member Henn's abstention on Item 1.
The motion carried by the following roll call vote:
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Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
21. Newport Beach & Company 2014/2015 & 2015/2016 Marketing Plan and Budget (C-
4436 and C -4961) and the Newport Beach Tourism Business Improvement District FY
15 Annual Report and Budget [381100 -20141
Council Member Gardner stated she has questions regarding the report and suggested that going
forward a different version of the report be prepared for City Council.
Gary Sherwin, Newport Beach and Company, commented on the formation of the entity noting that
it is the overall umbrella which includes Visit Newport Beach and that its governance has not
changed. In terms of "Celebrate Newport Beach ", it encompasses the agreement with the Chamber
of Commerce to support the Christmas Boat Parade, but noted that consideration will be given to
adding other special events. He addressed the website and "text rich copy" in terms of search -
engine optimization, Visit Newport Beach in terms of converting day visitors to overnight visitors
and ways of doing so and leveraging Newport Beach and Company with websites and community
events. Regarding the Fourth of July, Mr. Sherwin noted a desire to bring the right people to the
City. In response to an inquiry from Council Member Gardner regarding the TBID, Mr. Sherwin
explained the reason the TBID was created and funding in support of assessed businesses that
have hotel space that they want filled.
Council Member Gardner stated that it is not distinguished clearly and suggested it might be
something to clarify in future reports. Additionally, she asked regarding the availability of meeting
facility space and Mr. Sherwin indicated that the existing space is excellent but from a competitive
point of view there is not enough. He added that an additional ballroom at one of the existing
hotels could be beneficial. He reported that the Marriott is taking all their meeting spaces off -line
for renovation and fasted other hotels that are in the process of renovating. To be truly competitive,
another 10,000 or 11,000 square feet of space is needed.
Council Member Gardner commented on the distinction between the Restaurant Association and
other BIDs and wondered why it and the TBID are necessary. Mr. Sherwin reported that the
Restaurant Association focuses exclusively on the dining experience and that the latter is to
market Newport Beach. He commented on the need to revisit the funding source and how
assessments are made and that the entity's mission is to create value for the assessments that are
already in place. In response to Council Member Gardner's questions regarding Enterprise
Newport Beach, Mr. Sherwin explained that it tries to help neighboring BIDs and commented on
the goal of the marketing focus. Council Member Gardner urged that the report, in the future, be
aimed at City Council and its particular interests to continue to justify the City's support.
Motion by Council Member Gardner, seconded by Council Member Curry, to authorize a
waiver of the timelines provided in Section 6 of the Agreement; authorize the City Manager to
enter into a second amendment to the Agreement with VNB to change the reporting timeline for
the Performance Standards/Marketing Goals and the Marketing Plan reporting from annual to
biennial to correspond with the budget reporting timeline; review VNB's Performance
Standards /Marketing Goals Report; review Newport Beach & Company's 2014/2015 & 2015/2016
Marketing Plan; review, approve and /or modify VNB's FY 2014 -201.5 and FY 2015 -2016 budgets;
review and approve the FY 2014 -2015 NBTBID Annual Report; and review and approve the
NBTBID's FY 2014 -2015 budget.
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Jim Mosher thanked Council Member Gardner for pulling the item. He commented on the
documents, the lack of clarity in transferring public funds from one entity to another, the budgets,
and their boards.
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
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Justin Cox commented on the beautification of the City and expressed his appreciation to the Parks
Division and their support of working with residents. He noted that the City takes the lead in
working in conjunction with other organizations to ensure that projects get accomplished and urged
Council to continue its support of parks as a general attraction.
Nancy Skinner expressed concerns regarding the ballot language for the upcoming election and
opined that it is not "fair and impartial" and does not speak to what many are talking about in the
community in terms of the amount of development proposed for the Newport Center area. She
commented on the Greenlight election and statistical areas relative to traffic and dwelling units.
Susan Skinner noted frustration with the so- called "impartial" ballot statement in relation to
Measure Y. She commented on entitlements that are set to be transferred, traffic and estimates for
actual traffic trips. She added that the Municipal Code requires the City Attorney to give a true
and impartial statement of the measure and quoted from the ballot. She noted there is more than
one traffic analysis with conflicting information and that the number of trips has been
misrepresented. She added that Council has a moral and legal responsibility to present the ballot
measure in an impartial way that allows people to understand what they are voting for and that
the language has failed to do so. She called upon Council to withdraw the ballot statement and
submit a fair and impartial one, instead.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle commented on the Southern California Association of Governments
(SCAG) funding and noted that the source is going broke, but that Congress found a patch to take
savings from another area and maintain the funds. She addressed future challenges with
transportation including toll roads. She hoped that Congress will be able to solve the funding
problems.
Council Member Petros announced an upcoming meeting of the Bicycle Master Plan Oversight
Committee (BMPOC) on September 2, 2014, at 5:00 p.m. in the Community Room where it will
discuss a draft of the Bicycle Master Plan to make a recommendation for consideration by Council.
He asked residents to join the meeting if they have any related concerns.
XVII. PUBLIC HEARINGS
22. 191 Riverside Avenue Land Use and Zoning Amendments (PA2014 -210) [100 -20141
Community Development Director Brandt reported that the applicant for this item has requested a
continuance to September 9, 2014, and staff is supportive of same.
Mayor Hill opened the public hearing. There being no testimony, Mayor Hill closed the
public hearing.
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Motion by Council Member Petros, seconded by Council Member Gardner, to continue this
item to the September 9, 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
23. Corona del Mar Parking Management Plan (PA2013 -157) [100 -2014)
Council Member Gardner recused herself from this item since the project may fall within
500 -feet of her property at some point.
Mayor Hill reported that the applicant has requested a continuance of this item to September 9,
Mayor Hill opened the public hearing. There being no testimony, Mayor Hill closed the
public hearing.
Motion by Mayor Pro Tern Selich, seconded by Council Member Curry, to continue this
item to the September 9, 2014 meeting for both the Study Session and Regular Meeting.
The 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
Recused: Council Member Gardner
24. Adoption of Recycled Water Rates [100 -2014)
Municipal Operations Acting Co- Director Murdoch presented details of the staff report addressing
background, costs, Proposition 218 procedures, and recommendations.
Mayor Hill noted this is a lowering of the rate. Municipal Operations Acting Co- Director Murdoch
noted it establishes a pump- station fee as well as fixed fees.
Council Member Curry clarified that users will be paying less under the proposed fee scheme.
In response to Council Member Gardner's question regarding identification of areas where pipes
can be extended for recycled water, Municipal Operations Acting Co- Director Murdoch addressed
the existing infrastructure and that the City has added to center medians. He addressed other
projects for expanding the use of recycled water but noted that further expansion to other areas
would require a Capital Improvement Project for infrastructure.
Council Member Gardner noted that there is room for improvement and that it would be a good
investment at a certain point.
Council Member Daigle agreed with Council Member Gardner and that it would be great to
increase sources. She encouraged staff to explore the matter.
Council Member Petros agreed and noted funds being programmed for Capital Projects. He added
that if this is something that will be in the City's best interest, it should be done as soon as possible
and encouraged staff to bring forward a proposal to start the process.
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City of Newport Beach
Study Session and Regular Meeting
August 12, 2014
Mayor Hill opened the public hearing and protest comments.
Justin Cox agreed with the Council's comments and noted the importance of starting to plan for
this as soon as possible.
Hearing no further testimony, Mayor Hill closed the public hearing.
City Clerk Brown reported that her office has not received any protests on this matter.
Motion by Council Member Gardner, seconded by Council Member Henn, to affirm the
tabulated results of the recycled water rate protest count from property owning customers; and
introduce Ordinance No 2014 -13, An Ordinance of the City Council of the City of Newport Beach
Amending the Newport Beach Municipal Code to Add Chapter 14.13 Regarding Recycled Water
Rates, and pass to second reading on September 9, 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
XVIII. CURRENT BUSINESS
25. Newport Boulevard and 32nd Street Modification - Approval of Right -of -Way
Acquisition Purchase and Sale Agreement for 3201 Newport Boulevard and
3204 Marcus Avenue (C -5902) [381100 -20141
Council Member Henn recused himself from this item as he has a business relationship
with a business in the immediate area and departed the Chambers.
Public Works Director Webb provided a PowerPoint presentation addressing the subject locations,
purchase price, background, preferred conceptual plan, proposed project improvements and right -
of -way acquisitions.
Mayor Hill commented on the adjusted property line on the old City Hall site conforming to the
planned development of the hotel. Public Works Director Webb noted that the plan was provided to
the leasee and will not impact their property. He added that this project was conceived prior to
the Lido House project being in play. He addressed public parking, the project schedule, project
cost, grant funding and recommendations.
Council Member Petros commented positively on the concept noting that in terms of Newport
Boulevard, it completes the route concept report, implements the Bicycle taskforce
recommendations for bike lanes through the corridor, completes sidewalks and provides for transit.
He added that this is a perfect Capital Project and commended Public Works Director Webb. He
addressed an emailed comment from Ms. holler relative to parking and landscaping and directed
staff to be bold since this is an entry to the City. He stated support for the project.
George Schroeder commented positively on the project adding that it is needed. He expressed
concerns regarding inadequate parking on the strip of 29th and 30th Streets and suggested
implementing blue poles in the area.
Jim Mosher commented positively on the project including removing the existing building to make
room for parking. He commented on a tax burden on the public and referenced appraisals of the
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City of Newport Beach
Study Session and Regular Meeting
August 12, 2014
two parcels. He stated that the public will want to know the results of the appraisal and the final
purchase price.
Motion by Council Member Petros, seconded by Council Member Currv, to approve the
Purchase and Sale Agreement with Lido Pacific, LLC for the acquisition of real property for the
Newport Boulevard and 32nd Street Modification project, and authorize the Mayor and City Clerk
to execute the Purchase and Sale Agreement; direct the City Manager to execute the Certificate of
Acceptance and authorize the City Manager, or his Designee, to open an escrow account, complete
any actions necessary to complete the transaction, and execute any documents approved as to form
by the City Attorney and in furtherance of the Purchase and Sale Agreement; and approve Budget
Amendment No. 15BA -002 appropriating $3,313,087.00 from the unappropriated General Fund
balance to Account No. 7013- C2002048 and appropriating $3,048,413.00 from Measure M
Competitive Fund (284 -3605) to Account No. 7284- C2002048 and recognizing $85,913 in additional
revenue from Orange County Transportation Authority (284- 4861).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Daigle, Mayor Pro Tem Selich, Mayor Hill
Recused: Council Member Henn
Council Member Henn returned to the Chambers and tooh his place on the dais.
26. AT &TNerizon Newport Center Telecommunication Facility Permit Located at 1600
Newport Center Drive (PA2013 -225) f100 -2014]
Council Member Daigle recused herself from this item due to an economic conflict since
she derives income from the telecommunications industry and departed the Chambers.
Community Development Director Brandt introduced the item and deferred to staff for a report.
Planner Drasler provided a PowerPoint presentation addressing the vicinity map and location,
surrounding properties, the project plan including specifications and support equipment,
equipment enclosure, additional landscaping, site plan, photographic simulations and
recommendations.
Council Member Gardner stated she would rather see the proposed project in this location than
faux trees.
Council Member Petros stated he believes the proposed project is ugly and wondered why there is
no master plan for telecommunications facilities in the future. He added that the City of Irvine has
an overall master plan layout and encouraged Council colleagues to consider same.
Jim Mosher felt that the proposed project is ugly and suggested a nicer solution such as what was
installed on an existing office building on Bristol.
George Schroeder stated he is glad for the antennas as there is need for improved cell coverage.
Alexander Liu, Core Development Service representing AT &T, addressed the aesthetics and
placement of the facility. In response to Council Member Henn regarding the need for cell coverage
improvements on the Peninsula, Mr. Liu stated he will follow -up with his team.
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Study Session and Regular Meeting
August 12, 2014
Motion by Mayor Pro Tern Selich, seconded by Council Member Gardner, to adopt
Resolution No. 2014 -76, A Resolution of the City Council of the City of Newport Beach Approving
Telecommunications Permit No. TP2013 -010 for the Construction of Two Monopoles and a
450 Square Foot Equipment Enclosure for a Telecommunications Facility Located at 1600 Newport
Center Drive (PA2013 -225), subject to findings and conditions of approval, and finding that the
project is categorically exempt pursuant to the State California Environmental Quality Act (CEQA)
Guidelines under Section 15303 Class 3 (New Construction or Conversion of Small Structures).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Curry, Council Member Henn, Mayor
Pro Tom Selich, Mayor Hill
Noes: Council Member Petros
Recused: Council Member Daigle
Council Member Daigle returned to the Chambers and took her place on the dais.
27. Appointment to the Environmental Quality Affairs Committee (EQAC) [100 -2014]
City Clerk Brown outlined the appointment process and read the ballot votes for Scott Kohan,
James Mosher, Joan Penfil and Mark Tabbert.
City Clerk Brown announced that Scott Kohan was appointed to fill the unexpired balance of
Merritt Van Sant's term which expires on February 26, 2017.
XXI. MOTION FOR RECONSIDERATION - None
NMI. ADJOURNMENT -Adjourned at 8:25 p.m. in memory of Wilma Staudinger
The agenda for the Closed Session and Regular Meeting was posted on the City's website and on
the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at
100 Civic Center Drive on August 7, 2014, at 4:00 p.m.
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