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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 May 14, 2013 City Council Minutes Study Session April 23, 2013 — 3:00 p.m. I. ROLL CALL - 3:00 p.m II. Present: Council Member Gardner, Council Member Petros; Council Member Selich, Council Member Henn, Cou 1. CLARIFICATION OF ITEMS ON THE Council Member Henn reported that he will be recii Reuse Proposals) due to a business relationship with In response to Council Member Gard Balboa Village and Marine Avenue reported that the issue of providing budget deliberations. sing Systeiii!(CPS) Parking Meter Services Agreement), issues with`'the timeline and questioned why the City is indicated that ,the additional cost is to pay for higher CPS -reductions in`the City's staff costs are not seen in the Regarding Item 6 Council Member paying more. City staff costs and vo Council Member Petros Program) and noted that funding to dredge the Si grant funding does not Slough. Public Works I move the project forward Council Member Petrol, Reuse Proposals) since v proposers. Hill, Mayor Curry, himself from Item SS3 (City Hall sinessin Via Lido Plaza. IiWtem 5 (Disestablishment of nt Districts), City Manager i{iff ,be presented to Council during ,enced Item 4 (Measure M2 Environmental Cleanup Grant report,indicates that the Tier II Grant Program could include iouk Slough, however, be expressed concern that waiting for promise scheduling for the City's obligation to dredge the or Webb reported that it will not compromise the ability to is included in the Capital Improvements Program (CIP). announced that he will be recusing himself from Item 3 (City Hall he has previously had a business relationship with one of the 2. SOUTHERN CALIFORNIA EDISON DISCUSSION ABOUT CURRENT AND FUTURE ELECTRIC INFRASTRUCTURE Eddie Marquez, Southern California Edison, provided a PowerPoint presentation to discuss system outages, types of outages, power interruptions, planned and unplanned outages, capital improvement projects completed in•2012, capital improvement projects pending in 2013, and energy partnerships with the City. He noted that the City will be receiving a check for $261,000 as a savings incentive related to the new Civic Center Volume 61 - Page 133 City of Newport Beach City Council Study Session April 23, 2013 facility. He also addressed their program which provides incentives to businesses for implementing energy- saving equipment. Council Member Gardner acknowledged the great programs offered but noted that when the City was considering the oil fields and converting methane into electricity, it was determined that the City would have to pay Edison a penalty because it wasn't using electricity and stated that there seems to be a disconnect. Bob Root, SCE Senior Manager, addressed the vault replacement process and reported that SCE plans on meeting with the City to coordinate the operation. He stated that the process takes about four months, including planning and construction. He reported that the intent is to minimize disruptions to customers during the construction process and reported that the vaults will be replaced in the same locations, Council Member Daigle expressed concerns over the size of the vaults, notinglthat rights' -of -way are being crowded with equipment. In response to Council Member Selich's question, Mrs- Marquez that loadytesting on alley light poles in Balboa Island are part of the regular 'inspections performed "hy.SCE. Ernie Solazano of SCE explained the inspection process and schedule. Mayor Pro Tem Hill expressed concern regardineliow rehabilitation work is prioritized for specific areas. He noted that tbejCity has significant-projects that will have large power requirements and questioned the availability o£ rehablelpower on the Peninsula. Council Member Henn reported the he lives on tRe,Peninsula \and that there are significant outages in the area three or four times a year. Ii'Istressedthat the infrastructure on the x or,., Peninsula is dated, exists withm one of�the most i corrosive -areas in the City, and that there is no project addressing`the reliability on the.Pe'ninsula. Andy Garcia of SCE discussed the engineering challenges when dealing wit a Peninsula. He indicated that there is not much that can be=done, to increase the reliability of services on the Peninsula, but indicated that there are op'tipns that have been considered. Mayor Pro Tem Hill questioned whether it would be helpful tgmodernize the existing equipment on the Peninsula and commented that the equipment onJrashio'I "sland is much newer and is included in the schedule; howexer,—tha`Peninsulatie\ not. Mr. Mdi.qUez reported that older equipment that needs repair is placed on the scl4dule for replacement and/or repair. Mr. Solazano reported that, through regular inspection if-it is determined that equipment does not need replacing; it will not be replaced unless it is'curroded, damaged, or failing. In response to Mayor Pro Tem Hill's question whether incident reports throughout the City are standard and whether they show that the Peninsula has more incidents of surprise outages thaii,other areas, Mr. Solazano reported on the existing circuits throughout the Peninsula add�statedJthat there was no significant data that stood out relative to the Peninsula. Mr. Marquez stated that SCE will review the data for the last 12- months and identify what specific outages were on the Peninsula. Council Member Daigle addressed the growth in Fashion Island and inquired whether the projected plans are capacity -based improvements. Mr. Root noted that the improvements are based on the system. Council Member Henn pointed out that, if an area is identified as having' a higher frequency of problems, there should be a higher frequency of inspections and equipment replacement. He believed that efforts should be prioritized based on the experiences of the area. Mr. Marquez reported that SCE proactively looks to identify problem equipment and make necessary improvements. Volume 61 - Page 134 City of Newport Beach City Council Study Session April 23, 2013 Mayor Pro Tem Hill stated that residents of the Peninsula deserve the same level of infrastructure and reliability that the rest of the City has and noted that areas on the Peninsula are going to be developed and will have additional power requirements. Mr. Marquez noted that SCE constantly monitors the entire system and does not focus on one area over another. Charles Griffin discussed his experience and background with electrical power. He recommended that Council look into hydrogen fusion as a new source of energy and explained the process. r Jim Mosher addressed the Rule 20 undergrounding project'_at Marina Park, as well as an item to be considered under Closed Session tonight.:He questioned whether the item applies to undergrounding. `' Denys Oberman reported that the Lido Peninsula has had no growth and noted that residents want the quality and type of economic growth that will revital z the area. She indicated that the area deserves to be a significant economic area for the City`,, Council Member Henn stated that he is unsatisfied with the presentation given by SCE and that he would like to get a better view of the power failure statistics on the Peninsula, as well as how SCE plans to impiove services. Mr_�Marquez indicated that he will work with Public Works Director Webb t6.-address Council's specific concerns and report back in the future. 3. FIRST LOOK AT CITY HALL NEWPORT BOULEVARD AND 475 Council City Manager for w,� that went into. `provided a tentative R.D.''Olson Deuelol N ,. Henn and Petros Bob Olson; ^R.D. Olsor Lido Village. and Lid details of the concept House Hotel ". He big style, bay/beach park, introduced his design and track record. (PA2012 -176) - 3300 themselves and left the dais. 1 that no specific action will be taken at this time, but oday,s presentations is to learn about each proposer's vision offer comments. He stated that staff is impressed with the proposals, expressed his appreciation to the proposers, and 'the process. 'Development, presented a proposal for a hotel as a new gateway to ), Peninsula. He provided an overview of the company, presented which is comprised of a 130 -room boutique hotel called, "The Lido rlighted the upscale restaurant, spa and fitness center, architectural ballrooms and meeting rooms, rooftop lounge, and viewing deck, and team from WATG. He listed the design firm's experience, projects, Greg Villegas, WATG Associate Vice President/Director of Construction, presented the team's goal for the project, the upscale architectural style, site analysis, main features considered, an aerial view of the proposed concept, as well as dispersed and stepped massing. He addressed the retail element, landscape linkage to other areas, and highlighted other features and amenities. He presented details of the ground floor layout and discussed elevations. Volume 61 - Page 135 City of Newport Beach City Council Study Session April 23, 2013 Matt Walker, Executive Vice President of Destination Hotels and Resorts, and Michael Fosser, Management Director of their Del Mar property, noted the intent of the design is to create a unique hotel and unforgettable guest experiences. Bruce Baltin, Senior Vice President of PKF Consulting, addressed projections, market studies, fiscal and economic impact analysis, and economic benefits. Mr. Olson discussed community benefits due to the project, and addressed project execution, implementation and schedule. He listed the qualifications, expertise, and experience of the team as reasons for choosing R.D. Olson Development and explained why this is the best hotel site in Lido Village. rf Council Member Gardner indicated that she likes th6i the plan saves the existing ficus trees, that it is set back on the property, and that ii has a green area surrounding it. She asked about the proposed parking plan and the rooftop deck. ' '\ In response to Council questions, Mr. Olsoi site since it is a bridge between the bay al parking will be located and Mr. Walker discussed the economic differences in mal stated that residents would shop)in a wide range 100% of their money in or around`the—hotel during the #1 tourist activity and noted that Transient 1 producer of tax revenue to a city. He projected';.. million generated over a 10 year period. ($1.7 miltio the City as a result oftheproposed concept. _--;/ his team believes iEista great hotel He further highlighted where the on the rooftop deck. ~Mr. Bolton sea hotels versus apartments. He reas versus hotel guests spending ir,stay. He added that shopping is paiicy Tax (TOT) is an important there would be an average of $17 r year)'in annual direct revenue to Mayor Pro Tem, -Hill commented positively on the plan, specifically as it relates to the rooftop deck, the-iconic coiner, and the site \usage and massing; however, pointed out that the pictures veisu's� the floor plans did not' \match and asked Mr. Olson to expand on the four new hotels tha6hisfcompahy-,recently completed. Mr. Olson listed the hotels, noting they are ll Magi riott- branded hotels-'and' are each reflective of the communities in which they =amore locat4.—he addressed financing equity, investments, and target markets, and reported that the eoal;is to attract a balance of leisure and business customers. to CounciP Member Daigle's question, Mr. Olson reported that everything they id -up construction and indicated that their preference is to own the land. Council Member Selich commended the design, stated that the area along 32nd Street appears to have sufficient parking, and suggested continuing the same treatment along Newport Boulevardand along 32nd Street. He asked whether there is a plan to move parking onto the 32nd Street side or construct a partial underground parking. Mr. Olson stated that there is an opportunity to park along 32nd Street and believed that public parking is an important part of the plan. He indicated a willingness to work with Council and staff to generate a solution that works for everyone. In response to Council Member Selich's questions, Community Development Director Brandt reported that the requirement for a Greenlight vote (Charter Section 423) relates to limitation on square footage and would not apply to the project as currently proposed. Regarding construction type and framing, Mr. Olson stated that the hotel would have wood -frame construction with integrated steel and some concrete, and there would be wood, brick, and tile roofing on the exterior. He added that the elevation treatment will be Volume 61 - Page 136 City of Newport Beach City Council Study Session April 23, 2013 the same throughout the building. Mayor Pro Tem Hill questioned if the fire station were to be moved whether that would improve the value of the property and help with site planning. Mr. Olson reported that it would likely provide for additional guest rooms; however, the more rooms that are built would begin to saturate the market and at some point the hotel would begin competing with itself. Sonnenblick Development r Robert Sommenblick, Sonnenblick Development, presented background on his company and the team assembled for this project, including Aubergei Properties. He addressed differences in public benefits between his project and thA&ds n_ project, and reported that they project that their project would generate about "$682 million of direct and indirect benefits over a 10 -year period. David Rose, Sonnenblick Development, presented a video that featured `Auberge Resorts and Spas. He addressed average daily rates and average guest expenditures, as well as features and amenities of their various properties" He presented various perspectives of the proposed concept, including a proposal for'iconic art at the corner of 32nd Street and Newport Boulevard, with another piece placed atFinley Avenue. He addressed concept plan elements which include guest` villas, restauia'nts, bars and lounges, spas, water features, enhanced landscaping and hardscaping, event and pre - function spaces, enhanced entry paving, hotel meeting space, townliouse:,jlllas, a event. hdeck, retail fronting, relocation of the Ficus trees and existing trees, and�the.,new landscape median on Newport Boulevard; and presented details dfl the genii ;alpitblic benefits of the project. He addressed parking and new landscaping in and around -the fire station and compliance with the Lido Village Design Guidelines.fMr. Rose addressed tower elements, coastal architecture, existing egress and ingress, balconies and terraces, and pedestrian connections. He noted tliat the parking `is underground and addressed the number of spaces proposed. ;'�_ Dan Wilburn; Gettys Group, presented concepts of the proposed interior space and noted that: %ii becomes -the connection to the community and is about coastal luxury. He addressed, dining, dacor, specialty restaurants, the rooftop bar, the pool deck, ballroom and meeting rooms, the event lawn,fitness center and wellness rooms, guest rooms and suites, elevations townhouseti, villas, and' guest villas. He displayed a video which highlighted what the hotel will look like. Mr. Sonnenblick provided background and details of the company's capabilities and hotel experience. He highlighted hotel projects with which they have been involved in, addressed publieprivate partnership experiences, and presented examples of government buildings built and owned by the company in partnership with municipalities. He also addressed financing and ground lease financing. He discussed differences between his company's concept and the R.D. Olson Development concept, including parking, and noted that his company's proposal includes below -grade parking in addition to street parking. Mr. Rose presented details about the development team, key amenities, benefits, and key statistics. In response to Council Member Gardner's questions, Mr. Rose indicated that they were advised that they could eliminate the existing public parking. He also addressed the average daily rates proposed for the hotel. Regarding the Coastal Commission's acceptance of the concepts, Community Development Director Brandt reported that staff Volume 61 - Page 137 City of Newport Beach City Council Study Session April 23, 2013 has been monitoring Coastal Commission approvals of high -end hotels and there have been recent requirements to include mitigation fees because they are not low -cost visitor - serving. Further, there may be a one -time cost associated with the City pursuing this type of a development. She indicated that this matter would be factored into the overall analysis of the projects. In response to Council Member Selich's questions, Mr. Rose reported that they are viewing the project as a partnership and met with various entities to obtain input to determine the final materials. Chris B. Shay, C.W. Driver, reported that the construction materials will include wood frame construction and steel. Mr. Sonnenblick stated that they only do design -build and that the rooms, materials, and wall cove will be pre - designed. He r noted that the project will come in on time and on budgeti:.;Mr. Rose added that design - build is very important to them and addressed a time with�lrge community outreach throughout the design process. Council Member Selich commented on comph� and believed that there is not enough ope Boulevard. Mr. Sonnenblick discussed theia ( location of the iconic restaurant near the inter the middle of the project. He noted that the i the access from Via Lido Plaza to 32nd Street. A the Lido Village)Design Guidelines around 32nd Street and Newport nfiguration. Mr. Rose addressed the and the proposal to placeythe villas in ed indicated a desire to not maintain Mr. Sonnenblick explained what attracted him to Newport Beach to make the proposal. He agreed that this is a great site fora hotel, noted the plan_to maximize water views and provide local use of the hotel, and added that the y .encourage use of the hotel's internal spaces by the general public. He noted that HoaglHoapitaI is a huge generator of people and stated their intentto.lwork with them to: encourage use of the amenities. He reported that his company,lias secured financing ;f6i most of their projects and addressed equity. Mr. Rose addedrfhat the walking areas are intended for residents and the public, adding that it is envisioned that public events willCbe held at the site. He reported the potential of building additional, iesiddntial and retail `on Lido Oporto and viewing the project as a catalyst for. redevelopment of'the_entirq areal! Mayor Curry expressed app\reciation for their efforts to have public art. -The Shopoff Group , Bill `Shopoff, The ShQpoff Group, presented details of their proposal and addressed compliance with the :'General Plan and Zoning Code. He discussed who is on the development, ,team, addressed funding for the site development and construction, and commented on the history of the site and surrounding properties. He addressed accessibility, u'se,and visual appeal, and presented an overview of the proposal which includes residential'units, retail, restaurants, a town square, open space, and a community meeting room, and discussed the size of the apartments, target market, and potential unit mixes. Peter Wolff, The Wolff Company, presented background about his company, reported that the project is the gateway to Balboa Peninsula, and noted the importance of treating the scale properly. He addressed massing, open space, circulation, connections around the site, public spaces, town square, water Features, landscaping, interior plaza, and community room, communication with private areas, parking, entrances, focus on public and private open spaces, and architectural design and materials. He added that the community room is within the public space and addressed the size of the room. Volume 61 - Page 138 City of Newport Beach City Council Study Session April 23, 2013 Mr. Shopoff indicated that the key attributes of the proposal include pedestrian ways, public open space, landscaping, water features, relocation of the existing Ficus trees, scale, vehicular access, public and resident parking, scheduling, and availability of capital. He addressed average rental rates, retail tenancy, and overall economic values to the City. He reported that residential lease revenues are not as sensitive to seasonality and economic flux, and noted that long -term residents will contribute to the long -term fabric of the community. Mr. Shopoff noted the importance of accessibility to onsite parking and the long -term nature of ownership attributes to the success of retail businesses. In response to Council Member Gardner's questions, Community Development Director Brandt reported that staff has not seen any type of fmitgation fee associated with residential projects, but that concerns regarding visitor serving amenities will have to be addressed with the Coastal Commission. She repo ) "that the�Coastal Commission sees the addition of retail to the area as a benefit, along with having residential. Mr. Shopoff added that the proposed public space can also be=used to the concept's advantage with the Coastal Commission. rf Council Member Selich commented posit the lack of vertical articulation. He residential as a lower priority than vi concepts of mixed -use and open; space Commission. In response to Council Member Daigl outreach process, agreed on its iml neighbors. He reported ",Shat the team Mayor Pro ' space. He beli decking, the two entire Orange County, May Curry opened interested to address" Hugh Helm-;,.Lido Isl Village, reported that site, and believed'tha to listen to the citizens vely�on,the proposal, but expressed concern about Aated_ that the Coastal Commission considers itor - serving and believed that pointing out the are posit" a points to highlight to the Coastal questions; Mr. Shopoff, addressed the community ance, rand emphasized the need to engage the 1 implement community outreach efforts. i ed positively on the proposal, specifically on the use of public architecture need to be worked on, but liked the outside t hide the parking, and the flexibility of all- equity financing. &%-Shopoff,believed that it would add intrinsic value, but cap with- -99` units. He addressed scale, livability, and nd stated that this will be the best rental building in the Public Comments portion of the meeting and invited those il at this time. Community Association, agreed with the need to revitalize Lido their resident poll shows that they strongly support a hotel on the it will likely act as a stimulus for revitalization. He urged Council of Lido Isle. Brian Hoyle believed that a hotel is the best option for the community. He reported that the Sonnenblick Development group has reached out to the community. Bettina Deininger believed that a small hotel will bring energy back into Lido Village, but that having residential units may not be the optimal use for the property. Tim O'Neil spoke in favor of a hotel project on the site. He addressed plans for Balboa Peninsula and noted that many of the projects depend on tourists and that a hotel will accommodate the added tourist activities. Volume 61 - Page 139 City of Newport Beach City Council Study Session April 23, 2013 Willis Longyear expressed concerns regarding sub - letting on Lido Isle and spoke in support of a hotel on the site. He believed that the economics do not support having residential units on the site. Nancy Helm believed that, of the two hotel projects, the Olson project is more inviting and warm, and the residential units would become summer rentals with many absentee leases. ,q Roberta Feeler supported having a hotel and believed that eithei hotel proposal would be an improvement to the community and generate economic development. She discussed the economic vitality in downtown Los Angeles near the Staples Center and stated that Council has the same opportunity in this area. Warren Wymer expressed support for having a hotel on the site. Noting the recusal of Council Member Henn on this issue, he expressed' concerns with him not being present to support the concept and that the remaining Council Members will only, make decisions based on financial reasons. r-7 �1 Mayor Curry expressed the opinion that all thred'proposals are good and noted the need to review them in depth and detaiL He emphasized that the City Council will make an informed decision based on evidence, II1. PUBLIC COMMENTS - None IV. ADJOURNMENT - The agenda for the R City Hall Bulletin Bo. Civic Center Drive. I April 19, 2013, at 4:19 the City Coun61,Cliar City Clerk at 5:55 p.m. -to weeting wasp ited in the enii elemental ager i_Efie-City Hall 100 Ci`v'ic -Cent A on April 18, 2013, at 4:18 p.m. on the oe of the City Council Chambers at 100 for the Regular Meeting was posted on lletin Board located in the entrance of Recording Secretary Mayor Volume 61 - Page 140 ii City Clerk at 5:55 p.m. -to weeting wasp ited in the enii elemental ager i_Efie-City Hall 100 Ci`v'ic -Cent A on April 18, 2013, at 4:18 p.m. on the oe of the City Council Chambers at 100 for the Regular Meeting was posted on lletin Board located in the entrance of Recording Secretary Mayor Volume 61 - Page 140 City Council Minutes Regular Meeting April 23, 2013 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m /� l II. CLOSED SESSION - 5:55 p.m. }' `' A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Governor ift,Code § 54957): Title: Dave Kiff, City Manager j! B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): \ Property: 1516 W. Balboa Blvd ;,,Lot`s`9 &,10. Block 115;,Newport Beach, CA Agency Negotiators: Dave Kiff, City Manager; David`�W. Webb, Director of Public Works Negotiating Parties: Southern California /Edison Under ATegotiati'n.�'� Price and terme;of payment III. RECESS -- IV. RECONVENED:AT 7:00•P.M. FOR rr RE_._ GULAR'MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich Counch Member Henn, Council Member Daigle VI. CLOSED SESSION -\REPORT - City Attorney Harp announced that there were no reportable actions taken VII. PLEDGE OF ALLEGIANCE - Council Member Petros VIII. INVOCATION -Mayor Curry UL PRESENTATIONS Presentation of Hoag Hospital Strohe Month Proclamation -Mayor Curry read the proclamation and presented it to Dr. Brown. Dr. Brown provided a presentation relative to the causes of stroke, to provide statistics and treatment, and present recommendations to minimize stroke risks. He addressed efforts by Hoag Hospital in treating stroke patients Volume 61 - Page 141 City of Newport Beach City Council Minutes April 23, 2013 X. Presentation of Jazz Appreciation Month Proclamation - Mayor Curry read the proclamation and presented it to Dan Kuperschm.id, General Manager of the Hyatt Regency in Newport Beach. Mr. Kuperschmid discussed jazz events held in the City throughout the year, as well as the upcoming three -day Jazz Festival. Mayor Curry announced that the Newport Beach Film Festival will begin on April 25, 2013. N"TTO..F. TO THF. PTTRT.TV.. Council Member Daigle expressed her disappointment in reading the judge's decision to sentence Michael Jason Lopez to only four years in prisonand one "ryear in County jail'for,kilhng Dr. Kit Campion while she was riding her bicycle on Newport -Coast Drive. She commended4he work of the Newport Beach Police Department in tracking the`- Render and noted that because of prison overcrowding, he may not serve his full sentence. 1�.;� Council Member Daigle also reported visiting•tlib-California Delta on invitation from the Metropolitan Water District. She indicated that the State ,will,b`easupporting twin- barrel tunnels and addressed options for consideration. She addressed threats to the °Delta and noted that it needs to function for competing uses. Council Member Gardner believed that;fund's should focus on the City's groundwater replenishment systems since they'are a major source of: ater. Council Member Gardnerfcomment'ed on the saiRat the Civic Center and believed that it needs to be addressed due to the unsightly vieev to neighbors. Council Member Henn comm'ended'the- Newport Beach Police Department for its performance in the recent Baker to'Las-Vegas,Relay\ He report d paL(t&L ating in the celebration of the completion of the Lower Bay,.d edging project and af'ending the Newport to Ensenada Launch Party on April 21. He announced that the Newport;to Ensenada Race Kick -off Party will be held in Balboa Village on April 25. Council Member Selich announced an upcoming meeting of the General Plan/Local Coastal Program Implementatioii'Committee on 'April 24 at 3:30 p.m. in the Corona del Mar Conference Room in Bay E. V. Mayor Curry congratulated; the Concordia University's Men's Volleyball Team for becoming the National Champions for NAL9 this year. He reported participating in the Daughters of the American Revolution Scholarship Ceremony at Newport Harbor High School, the installation for the Association of California Cities - Orange County on April 11, and the annual Corona del Mar Residents Association open house. He reported that, on April 18, he presented Mona Schwaer with a certificate in celebration of her 106th birthday; on April 16, the Orange County Board of Supervisors approved the Memorandum of Understanding with the City to move forward with the Airport Settlement Agreement; and that the Community Open House at the new Civic Center will be held on May 4. He encouraged' residents to attend the Newport Beach Film Festival and watch the launch of the Newport to Ensenada Race. Mayor Curry reported on the Mayors' Water- Saving Challenge and encouraged residents to help reduce water usage. Volume 61 - Page 142 City of Newport Beach City Council Minutes April 23, 2013 XII. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 8 (Aviation Committee Appointment), Council Member Daigle announced that Jock Marlo has stepped up to serve on the Aviation Committee, but there is still an opening as the District 1 Alternate Member. Regarding Item 9 (Annual Board and Commission Appointments), Council Member Selich noted that there are four vacancies on the Building Appeals Board and expressed the need to make extra efforts in getting applicants. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE APRIL 9, 2013 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`retd by title only. B. RESOLUTIONS FOR ADOPTION '.. 3. RESOLUTION NO. 2013 -35: TIDEL "ANDS MANAGEMENT COMMITTEE. [100- 20131 a) Adopt Resolution No. 2033 -35, A Resolution of�the City Council of the City of Newport Beach Establishing the tidelands P/Ianagement Committee; and b) if Resolution No. 2013 -35 is adopted, authorize the Mayor to appoint three (3) City Council Members to serve on the`Tidelarida Management Committee and designate one of the Members as Chair. The City Council shall review and, if acceptable, confirm the Mayor's appointments: 5. RESOLUTIONS OF�INTENTION�TO`DISESTABLISH THE BALBOA VILLAGE ,A'ND MARINE!AVENUE BUSINESS IMPROVEMENT DISTRICTS. [100 -20131 a) Adopt Resolutionr'.No. 201337, A Resolution of the City Council of the City of Newport Beach Declaring ts.Intention.to Disestablish the Balboa Village Business Improvement District and Hold a4ublic Hearing; and b) adopt Resolution Nu:� 2013 -38, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Disestablish the Marine Avenue Business Improvement District and Hold a Public&13earing. J.' 'ear C. CONTRACTS AND�AGREEMENTS 6. AMENDMENT NO. ONE TO THE AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH CENTRAL PARKING SYSTEMS, INC. ( "CPS ") FOR PARKING METER SERVICES, DATED MAY 22, 2012 ("AGREEMENT") (C- 4767). [381100 -20131 Approve and authorize the Mayor and City Clerk to approve an amendment to execute Amendment No. One to the Amended and Restated Professional Services Agreement with CPS for Parking Meter Services. D. MISCELLANEOUS Volume 61 - Page 143 City of Newport Beach City Council Minutes April 23, 2013 9M 7. PLANNING COMMISSION AGENDA FOR APRIL 18, 2013. [100 -2013] Receive and file. 8. APPOINTMENT OF DISTRICT 4 ALTERNATE MEMBER TO THE AVIATION COMMITTEE. [100 -2013] Confirm Council Member Leslie Daigle's nomination of Jock Marlo as the District 4 alternate member to the Aviation Committee. 9. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2013. [100 -2013] a) Confirm IMayor Keith Curry's appointment of Mayor Pro Tern Rush Hill, Council Member Nancy %Gardner, and Council Member Ed Selich to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2013; and b) direct thejCity Clerk to post and,,publish a Vacancy Notice requesting that applications be sui itted!:by 1:00 P.M. on Wednesday, May 15, 2013; schedule confirmation of nominees to ,e made on June 11, 2013; and make appointments on June 25, 2013. Motion by Mayor Pro Tern Hill, seconded by Council-Member Petros to approve the Consent Calendar, except for the items removed (4 and "S15). `. The motion carried by the following roll call v ite: Ayes: Council Member Gardner, Council Member Petros,•'AMayor'Pro Tern Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle 4. RESOLUTION THE ORANGE OF GRANT APPLICATIONS UNDER AUTHORITY (OCTA) MEASURE M2 ,AM. [100 -2013] In "response to Councif,Member`Daigle's question, Public Works Director Webb reported that M2,,1s1�he second wave of Measure M funds and noted the various components within the Measure:.. He added that `£here is a program to identify trash hot spots in the Back Bay and one to address• bacteria and s "e'diment areas. Council Member Daigle requested a policy matrix for Council's review relative io work programs for the area. Motion by Council bYember Daigle, seconded by Council Member Selich to adopt Resolution No. 2013;36, A Resolution of the City Council of the City of Newport Beach Authorizing and Supporting Submission of Grant Proposal for Funding Under the OCTA Environmental Cleanup Tier I and Tier 2 Grant Program. Council Member Petros commended staff for making the effort to obtain funds for water quality improvement in Newport Beach. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle S15. CIVIC CENTER CONCESSION AGREEMENT WITH 24 CARROTS, LLC. (C- Volume 61 - Page 144 City of Newport Beach City Council Minutes April 23, 2013 5454) [381100 -20131 In response to Council Member Gardner's question, City Manager Kiff indicated that only one of the proposals received did not address catering opposition. He discussed 24 Carrots, LLC's experience, menu variety, and quality. Discussion followed regarding exclusivity provisions, the existence of Special Land Use Restrictions (SLURS) on the property, and compliance with the SLURS. Motion by Council Member Gardner, seconded by Council Member Selich to a) select 24 Carrots, LLC as the food services operator at, and caterer" for, the Newport Beach Civic Center; and b) waive City Council Policy F -7 and authorize.the�C`y Manager to negotiate and execute a Civic Center Concession Agreement based upon the key,,provisions outlined in the staff report. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petr'os, Mayor Pro Tern Hill;,Mayor Curry, Council Member Selich, Counch Member Elene; Council Member Daigle XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS 1� Joan Templeton- Morris asked Council to •cormgt�a decision\by\the City's Parks, Beaches and Recreation Department to cancel a certain physical` fitness class a0the Newport Coast Community Center. She reported that no one contacted any membei - of,the class to report or explain the cancellation, and noted that many seniors are or% a limited income and cannot afford the classes being offered by the OASIS Senior Center She emphasized-t &e need for a reasonably priced physical fitness program for seniors near then residences and asked that the class continue. City Manager Kiff reported.,that the class was being conducted at the Newport Coast Community Center when OASIS was closed duhng,construction`mith the intention of moving the class back to He i OASIS when it reopened.. udicated"that.he-would.be happy to meet with class members and staff to develop an,acceptable`solution`, _ Robin Whyte Butefish expressed support,for the class and noted that the Newport Coast Community Center gives,` priority to residents. She believed this is a simple problem to fie and hoped that a solution can'be.reached. Sam Fun g ref d erence an email; "sent to Council and noted Mayor Cur \ y Curry's response. He addressed existing programs, en, rollment, "Classroom size, and facility use; and believed that classes at OASIS are always crowded. He spoke in support of keeping the class at the Newport Coast Community Center. Carrie Reach spoke in support of keeping the class at the Newport Coast Community Center, addressed the class schedule, and offered to schedule the class around other classes in order to keep the class. Bob Morris spoke in support of keeping the physical fitness class at Newport Coast Community Center. Milvi Vanderslice noted that the class meets from 8:00 a.m. to 8:50 a.m., currently does not conflict with other classes, and that the class has been meeting there for the past seven years. She addressed crowding at OASIS, listed the benefits of the class, and urged Council to save it. Volume 61 - Page 145 City of Newport Beach City Council Minutes April 23, 2013 XVI. Elaine Satin spoke in support of keeping the class, addressed the class' benefits, and urged Council to save it. Frances Green noted that as a group, the seniors volunteer many hours for the City and need the class for the strength to continue volunteering. James Reach expressed support for continuing the class at the Newport Coast Community Center and the importance of physical fitness. , Council Member Daigle reported on a meeting of the Orange C`unty� Vector Control and noted the importance of screens to keep mosquitoes out; and reported th t the Aviation Committee discussed efforts to improve departure procedures. Council Member Henn reported on a recent meeting. of therFinance Committee and commented positively on the City's financial planning tool and on„3Cfie Cityy's- fiscal management�He reported that the City will have a budget surplus at the end of thislfiscal -year. Council Member Henn also reported on a recent meeting of the Balboa Village Advisory Committee (BVAC). 1 XVII. PUBLIC HEARINGS 10. CODE AMENDMENT NO. CA2013 -001 FOR *MIXED- USE `ZONING DISTRICTS ON THE BALBOA PENINSULA (PA2013- 020).,,[100-2013[ _ Planning Manager Alford 'utilized a PowerPointrpresenta5en to provide an overview of the proposed changes toy'the Zoning Code and' %addressed affected areas. Discussion followed regarding the Planting Commission's consideration of the item and accommodations for residential properties by commercial developers. Mayor Curry -,o peneri,i4ejpuhli`c hearing. '\ Jim Mosher commented on the importance of taking opportunities to make the Zoning Code clearer than it currently. and= pointed out tables within the Zoning Code that need clarity. The ejbeing no further ublic testimony, Mayor Curry closed the public hearing. Motion b'v- .Council Member Selich. seconded by Councli Member Henn to introduce Ordinance N6 X2013 -9, Ah,'Ordinance of the City Council of the City of Newport Beach Approuing Code Amendment, No. CA2013 -001 Modifying the Minimum Lot Area /Density Standard for MU -V (Mixed- Use itical), MU -CV 115th Street (Mixed -Use Cannery Village and 15th Street), and MU -W2 (Mixer -Use Water) Zoning Districts (PA2013 -020), 1) finding that this Code Amendment is categorically exempt under Section 15305 of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations); and 2) approving Code Amendment No. 2013 -001, and pass to second reading on May 14, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle 11. COMMUNITY DEVELOPMENT BLOCK GRANT, FISCAL YEAR 2013 -2014 ACTION PLAN (PA2010 -071) (C- 5452). [381100 -2013] Volume 61 - Page 146 City of Newport Beach City Council Minutes April 23, 2013 Senior Planner Campbell reported that this is an annual item and listed some of the programs being funded by CDBG. Council Member Gardner commented on the recommendation to spend approximately $52,000 in grants while administration costs are claimed at $70,000. She questioned why administrative costs are so high. Senior Planner Campbell reported that there is a statutory cap on public services and that program administration is done by a.,consultant. He reported that the consulting service will be going through a competitive bid process in an effort to lower administrative costs. Council Member Daigle noted that a major�Iprtion of the administrative costs is for staff overhead. Mayor Pro Tern Hill acknowledged %the high administrative costs, but noted that even if administrative costs were lowered, the amount that could be provided for public service would not be increased. Mayor Curry opened the public hearing. Barbara Shull, Executive Director of the Fairs,Housing'Foundation, commented on the Fair Housing Foundation program and their service to the: &ty. She thanked the City and Council for its continued support. \ �j Jane Wagner, Executive Director of,Helping Peopleein Need, commented on their efforts in helping seniors and families. She addressed the growing ,need for their services and thanked Council for its support. ti i�•�'= �__� =,;� Jim Mosher provided a correction to the ,report. Helsuggeste&r6ducing the size of the report and questioned what this savings could betspent on' Jillian Miller, Grants'Manager for Families�Forward, thanked the City and Council for its support. She repgA -ed on the; organization's efforts in helping needy families. There being no Mayor `Curry closed the public hearing. Motion- by-'Couneilt Member Selich, seconded by Mayor Pro Tern Hill to a) approve the Draft 2013 -2014 Action Plahland b) adopt Resolution No. 2013 -39, A Resolution of the City Council of the City of 1N ;ewport�Beach Approving the Annual Action Plan which is Part of the Consolidated Plan, and `the Projected Use of Community Development Block Grant (CDBG) for FY 2013-2014, and Superseding All Previous Resolutions which are Inconsistent Therewith (PA2010- .0,71), adopting the 2013 -2014 Action Plan and finding it is not subject to of the California ` Environmental, 'Quality Act (CEQA), and authorizing the City Manager or designee to: 1) submit the Actiou,'Plan to the U.S. Department of Housing and Urban Development (HUD); 2) execute the�FY 2013 -2014 CDBG Program Grant Agreement with HUD and all related documents -qn,, half of the City; 3) execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; 4) execute a professional services agreement with a qualified consultant in an amount not to exceed $58,133 to administer the CDBG program and to monitor the City's Affordable Housing Covenants; and 5) be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle 12. DEVELOPMENT AGREEMENT NO. 5 ANNUAL COMPLIANCE REVIEW - 2013 HOAG Volume 61 - Page 147 City of Newport Beach City Council Minutes April 23, 2013 MEMORIAL HOSPITAL PRESBYTERIAN (PA2009 -064) - 1 HOAG DRIVE (C- 2912). [381100 -20131 Community Development Director Brandt reported that staff reviewed the compliance report submitted by Hoag Hospital and determined that they are in compliance with the terms of the agreement. Mayor Curry opened the public hearing. Patricia Schuler reported that she lives near the hospital and that she and her neighbors are very concerned with the increased noise levels due to the expansion of the hospital. Sue Silaus took issue with the increased noise levels from the nearby_ hospital and reported that she met with hospital representatives to resolve thetissue, without success. She stated that Hoag Hospital has worked to mitigate noise as itraffects the nearby` Villa Balboa complex, including a noise study referenced in the report, but thatut never considered the noise impacts to her complex. She hoped that Council r o, recognize that Villa Balboa is not Hoag Hospital's only residential neighbor. Aline Monin - Doremus expressed concerns with increased noise generated by Hoag Hospital and took issue relative to the lack of communication by Hoag Hospital. She stressed the need for speed bumps to slow traffic on the sei•vke.road. Marilyn Tamber discussed the increased n`oise';levels from Hoag Hospital and their lack of responsiveness to their pleas to mitigateAhe noise '16v616., Dick Runyan reported -on-items in the Development Agreement that have been completed, are in progress, and thatn'eed to!be addressed.; Ross Ribaudo indicated tha£LHoag Hospital has tried to do what it can to address the residents' concerns, but noted other issues that need to be, addressed, including the noise coming from the dietary loading:dock. Kerry'Brooks, Senior Project,Manager for Hoag Hospital, listed efforts by the hospital to minimize noise and coiii of traffic on the service road. He discussed the noise studies, as well as'the „dietary loading dock, and the traffic impacts on Versailles. Council`-Member Petros; indicated that he would like to meet with Hoag Hospital :, representatryes and residents regarding this matter. There being no furthii testimony, Mayor Curry closed the public hearing. Motion by CounciPMember Petros, seconded by Council Member Selich to a) find that Hoag Memorial Hospital Presbyterian has demonstrated good faith compliance with Development Agreement No. 5; b) find that this annual review is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; and c) receive and file the Annual Status Report of Development Agreement for Hoag Memorial Hospital Presbyterian. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Councli Member Henn, Council Member Daigle Volume 61- Page 148 City of Newport Beach City Council Minutes April 23, 2013 XVIII. la. REVIEW OF THE REQUEST FOR PROPOSAL (RFP) OUTLINE FOR THE RESIDENTIAL SOLID WASTE PROGRAM. [100 -20131 City Manager Kiff addressed direction by Council during a previous study session. Discussion followed regarding the possibility of increasing the diversion rate; the various types of services, including concierge service; the process for addressing selective separation; opening the bid process to as many companies as possible with the various options Jchanges to the RFP; the correct permitted capacity; the possibility of leasing the additiondlfcapacity to carriers and the cap tonnage; and including Santa Ana Heights to the se, cle area. Regarding Santa Ana � Heights, Municipal Operations Director Harmon repdrted;-�that there is a ten -year cancellation /noticing requirement that needs to be givenxto the c ent provider. Jim Mosher believed that the diversion pei addressed goals since 2007. He discussed implementation of a voluntary recycling prof Mayor Curry commented positively on the p that there are many possibilities open to City issue the RFP in early May 2013 for The motion carried by the following roll c, Ayes: Council Member�Girdner, Council Council Member ` "Selicli Councli Me vote: Is within the RFP ?axe misleading and nt of trucks, and the the replaceme of the City's refuse haulers and noted on this matter. to direct staff to ber Petros, Mayor Pro Tom Hill, Mayor Curry, Henn, Council Member Daigle 14. CITY COUNCIL'DIRECTION RELATIVEJO, APPOINTEES SERVING ON MULTIPLE BOARDS, COMMISSIONS,-OR COMMITTEES. [100 -20131 Council i'Membe`r Gardner?`addressed the distinction between Boards, Commissions, Committees, and Business Tuiprovement Districts (BIDs); and believed that appointees to Boards, Commissions, ?and Committees should be required to serve on only one Board, Commission, or Committee. Regarding BIDs, however, she did not think the same requirement is app &cable. `1`. Motion by, !Council Member Gardner, seconded by Council Member Petros to require that Tom Anderson and,,Carl Cassidy only serve on one Board, Commission, or Committee and require them to choose which Board, Commission, or Committee they would like to serve on. Jim Mosher discussed City Council Policy A -2 and asked about the Tidelands Management Committee membership. Mayor Pro Tem Hill agreed with Council Member Gardner's comments regarding BIDs being distinct from Boards, Commissions or Committees, and noted that sometimes there have not been enough applicants. He believed that the requirement to serve on only one Board, Commission, or Committee should be a goal/priority and not a set policy, and that this should be considered at a future meeting. City Attorney Harp indicated that Council will be considering a revision to the City Council Policy Manual at its second meeting in May. Council Member Petros believed that the Policy is clear and does not need to be changed. Volume 61 - Page 149 City of Newport Beach City Council Minutes April 23, 2013 Substitute motion by Mayor Curry, seconded by Mayor Pro Tern Hill to waive City Council Policy A -2 policy as it relates to Tom Anderson's appointments. The substitute motion carried by the following roll call vote: Ayes: Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle Noes: Council Member Gardner r. XIS {. MOTION FOR RECONSIDERATION - None f XX. ADJOURNMENT - Adjourned the meeting at 9:20 p.m. in /memory of Robert Bernard Brogger, in memory of those that lost their lives in the West Texas fertilizer plant explosion, and in memory of the victims who lost their lives and,in acknowledgment of those injured during the Boston Marathon. . The agenda for the Study Session was posted onrApril 18�,�2013, at 4:18 p.m.' on the City Hall Bulletin Board located in the entrance of the City Council Chambers at 10,0 Civic Center Drive. Recording Secretary —' Mayor y� City Clerk j' Volume 61 - Page 150