HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
April 9, 2013
City Council Minutes
Study Session
March 26, 2013 — 3:30 p.m.
I. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor PioLTem Hill, Mayor Curry,
Council Member Selich, Council Member Henn /
Excused: Council Member Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
In response to Council Member Gardners questions regarding Item 4 (Storm Drain CDS Unit
Construction), Public Works Director Webb reported`,that Code and Water Quality
h \_ —�
Enforcement Manager Kappeler was informed of the issue�and explained that, when the
structure was installed, staff discovered% that an',uadprground, pipe was discharging. He
reported that the issue was addressed by installingfatEe ter- foundation; however; the pipe is
still discharging and staffwill continue to
` monit
or i ossib a future action.
2. BID ADMINISTRATJON UPD ATE
Public Inform ation ManagerJJF
gan providedlthe staff report and indicated that staff has
been working with four`of tfie- CityaBusinesslimprovement Districts (BIDS) to streamline
their administration and improve in ietmg, efforts. She utilized a PowerPoint presentation
to addre a the Parking and Business Improvement Area Law of 1989 and the Property and
Business Improvement DistrictN w of 1994, and listed the BIDs formed under each. She
highlighted BID concerns City coneerns, and proposed solutions supported by the BIDS. She
addr ssed the FY13 BID budgets aiad details of the proposal for the Marine Avenue and
Balboa Village BIDS, including risks, benefits, and proposed funding. Additionally, she
presented details of the proposal for the Corona del Mar and the Newport Beach Restaurant
Association BIDS, including funding, City involvement, and the possibility of increasing their
contracting authority, as,well as risks and benefits.
In response to Council questions, Public Information Manager Finnigan reported that, with
the new funding proposal, the matching funds would cease. Regarding the plan in five years,
City Manager Kiff reported that the $10,000 for Visit Newport Beach, Inc. (VNB) marketing
might continue depending on the success of the efforts. He stated that the five -year limit does
not necessarily mean that the funding would stop, but was the length of time he was
comfortable recommending to Council to bind the City. He added that the total amount of
funding is less than the costs associated with using Finance, City Attorney, and City Manager
staff time.
Mayor Pro Tem Hill believed that the proposal would result in faster and better management
of the enterprise zones.
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City of Newport Beach
City Council Study Session
March 26, 2013,
Council Member Gardner noted that two of the BIDs would still use the City Attorney's Office
and two would have to hire their own attorneys. Regarding the Finance Department, Public
Information Manager Finnigan reported that the Finance Department would continue to have
some oversight over the BIDS' financial issues; however, they would have less day -to -day
oversight. She confirmed that all BIDs would still provide annual reports to Council on
how their funds were spent.
Council Member Petros believed that there would be a reduction in oversight as it relative to
the City Attorney's Office and the change in contract terms.
Jim Mosher believed that the 1989 BIDs are not fur
intended, but rather are administrative boards that
some of the board members may have conflicts si
decisions they make. He voiced opposition to the prc
Jim Walker, Newport Beach Restaurant
and encouraged Council to approve it.
Bernie Svalstad, Corona del Mar BID, spoke in s'
City pay for bookkeeping every yeanrather than
staff for considering the item.
Mayor Curry spoke in support of the p
Council Member Selich renorted that
support the prop(
mg�as advisory boards as originally
l'money on projects. He added that
.ey have close financial ties to the
and discu se8 alternative solutions.
expressed suppor�of the proposal
of the proposal and suggested that the
ie first year. He thanked Council and
for their work.
previously took action to
Council MemberrHenn indicated that the Balboa Village BID is also supportive of the proposal
and addressed tiib `benefits:J\He encouraged the other BIDs to support the proposal and take
advantage of the benefits thatwill be provided.
3. CIP TOOK- AHEAD"
Public Works Director,, Webb utilized a PowerPoint presentation to review the various
components in the CIP�)budget. He provided a history of the General Fund in the CIP, goals
for thi[A�year, and areas?of focus. He highlighted the 15th Street restroom, San Miguel Park
restroom- picnic structure replacement, Corona del Mar Fire Station No. 5 rebuild, Police
facility HVAC repair /replacement, Newport Coast Community Center stage remodel, Big
Canyon reservoir auxiliary maintenance yard, and the Lifeguard Headquarters building
rehabilitation. He also discussed the consideration of the Corona del Mar Branch Library in
conjunction with `the Corona del Mar Fire Station, specific areas within the Big Canyon
reservoir auxiliary maintenance yard, and the total costs for construction of the projects. He
noted that some of the items listed have prior funding allocations and addressed the process
for identifying priority projects. Public Works Director Webb presented details of projects
within the Streets and Drainage Program; including 15th Street and Balboa Boulevard
reconstruction, 15th Street and Monrovia Avenue landscape improvements, Balboa Boulevard
landscaping, Bay Avenue, Anade Street, Montero Street concrete pavement reconstruction,
the residential street overlay program, the annual Citywide sidewalk, curb and gutter
replacement, and the annual Citywide slurry seal project. Further discussion ensued
regarding concrete pavement reconstruction on Ocean Boulevard and the possibility of
improving the aesthetics when filling the cracks. Public Works Director Webb reported that
staff has been including General Funds into the street program to catch up on projects and
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City of Newport Beach
City Council Study Session
March 26, 2013
pointed out projects in which gas tax or Measure M funds could be applied. He discussed
areas where turn -back funds could be used and addressed the seven -year slurry cycle. He
further discussed the Campus Drive and San Joaquin Hills Road arterial street overlay,
Dover Drive and Westcliff Drive pavement rehabilitation, Jamboree Road paving from
MacArthur to Campus, major arterial street repair,, Newport Boulevard, 32nd Street
modification and the Park Avenue bridge replacement.
Discussion followed regarding the possibility of adding bicycle - friendly features at Dover
Drive and the estimated amount for the Park Avenue bridge replacement. Deputy Public
Works Director Thomas noted that the Park Avenue bridge reply ment will be funded out of
the Federal Highway Bridge Program. r�
Public Works Director Webb presented details
Program, including the Bonita Canyon Sports
Highway signal rehabilitation, Phase 8 of the Cit
annual traffic signal rehabilitation program, an
marking. He addressed Parks, Harbors and Bel
program, including sand management and minor
eelgrass survey, Harbor piers maintenance;N.Mi
permit, mooring field realignment, ocean pier n
park construction.
Discussion followed regarding w
include funding to enhance the
Marine Avenue.
City Manager Kiff addressed the
Council to consider.the matter and
Public Works 1
including storm
i, as well `as
Street south
entry impro
at the
v. Park
,,pibjecte within the Transportation
/parking improvements, East Coast
traffic signal modernization plan, the
Citywide street,�aignage striping and
,and listed specifies projects under the
ng, tidegate retrofit and upgrades, the
Park, the Newport Harbor dredging
lance, Sunset View Park, and pocket
new City Hall facility and the need to
and\.the Bayside public walkway on
the end -of Newport Pier and encouraged
n to staff.
tressed\; '\Water Quality and Environmental Programs,
s, Newport Coast ASBS protection program, . and the
iter�qualifv and restoration. He further presented details
ze Water and Wastewater Program and the related costs
for which funding has not yet been identified, including
aping, West Coast Highway landscaping, and the Corona
May6K?,ro Tem Hill indicated that he would like to see the Bristol Street south median
landscaping project move forward. Public Works Director Webb reported that it is completely
designed and ready to?igo to bid. He noted that there may be grant opportunities in the
future. Couricil,Member Gardner indicated that before deciding on funding the project, it
would be heloful'to,know what the tradeoffs would be.
Regarding the West Coast Highway landscaping project, Mayor Curry suggested waiting and
looking for alternative funding sources. Council Member Henn stated he would like to keep it
on the list and encouraged moving forward with the design so that the project is ready to go
when funding is identified.
Regarding the Corona del Mar entry improvements, Council Member Gardner noted that no
matter the concept, there will be a lot of discussion with the community. Public Works
Director Webb recommended leaving the project out of the budget, proceed with discussions
regarding the concept, and bring the item back to Council in the future.
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City of Newport Beach
City Council Study Session
March 26, 2013
Jim Mosher commented on the omission of ongoing rehabilitation of old street lights and
wondered if the Balboa Boulevard landscaping project needs a Coastal Development permit.
George Schroeder emphasized the importance of the Balboa Boulevard landscaping project,
adding that it was high on the Balboa Village Advisory Committee's priority list.
Bernie Svalstad, Corona del Mar BID, asked that Council keep an open mind regarding the
Corona del Mar entryway. He reported that he will be reviewing the plans soon and
requested that it be placed in the City's budget for this year. .1
Regarding replacing streetlights with LED lights, Public
the project will be included in next year's budget.
Mayor Curry commented on the importance of
continue to enhance the community and keep the
4. REVIEW SOUTHERN CALIFORNIA
PROJECT PRIORITY
Public Works Director Webb utilized
20B, and Rule 20C. He focused on the
at Council's discretion. He reported
the formula used for allocation. Heta<
years and addressed the total fundiri
City recently bought credits and high]
as well as completed, proposed, and f
conditions for proposed, districts and
District prioritization for Council to cc
Webb indicated that
for capital projects to
RULE 20A`P,ROGRAM AND
a PowerPbiut presentation to address Rule 20A, Rule
Rule 20A program, noting that the funds would be used
iteria under w dch.funding must be used and explained
dedA hat the City can.mortgage Rule 20A funds out five
,l avail Able to the program today. He reported that the
ghted the locations of the underground utility districts,
ii1bd projects. He presented slides illustrating existing
peeific,p` oject costs as well as recommended Rule 20A
Discussion followedNregard ng meeting Southern California Edison standards from a traffic
point of view, the possibi}it' f�purchasing 'additional credits in the future, and considering
Mayor Curry believed that the City should plan for all of the projects, and fund them as
- funding becomes available. Further, the City needs to continue to be aggressive about
p`u chasing additional discounted, edits.
CouncifNember Henn ?'.encouraged staff to pursue the purchase of additional discounted
credits. He °questioned if there would be savings on Balboa Boulevard if both landscaping and
undergroundmg were _`co'nducted at the same time. Public Works Director Webb noted that
the projects worildTinvolve different contractors, but would allow for the placement of larger
trees along Balboa,Boulevard.
Council Member Gardner indicated that she would like additional information regarding poles
in the alleys. Council Member Henn wondered if there is a reliability benefit for the
Peninsula as a result of the project. Public Works Director Webb indicated that Southern
California Edison will be attending a Council Study Session in the future and could provide a
response to these questions at that time.
It was the consensus of Council to move forward with forming all of the districts and direct
staff to continue seeking additional credits in order to fund the project in the future.
Jim Mosher commended staff's efforts and Council's commitment to keeping this as a goal for
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City of Newport Beach
City Council Study Session
March 26, 2013
the City. He addressed the modernization of intersections, noted the size of the related
equipment, and wondered if these could also be undergrounded.
George Scluoeder believed that Balboa Boulevard meets all of the criteria for Rule 20A.
5. "myNB" MOBILE APPLICATION C APP ")
Assistant to the City Manager Houston reported on the efforts of the City to improve customer
service for residents, businesses, and visitors through technology. Fie utilized a PowerPoint
presentation to highlight details about the "myNB" mobile application which will make it easy
for residents and visitors to report maintenance and service. issues, and obtain information
regarding the City. He added that the app will also be a tool_ for staff to respond quickly to
requests and provide information to the community. ^ 5/ 1
IT Applications Analysis Maglinti addressed
information on how to install the app. He alsc
process, and noted that it automatically buildsti
Mayor Curry encouraged staff to use K
availability of the app to residents and the
III. PUBLIC COMMENTS
Jim Mosher addressed 'Item A on the Close
Closed Session Agenda should include more c
is necessary to discuss it behind.closed doors.
IV. ADJOURNMENT -
The agenda for the
Hall Bulletin Boar
Build= --
City Clerk
was
r-7 y
ibility of 'the app and presented
the reporting and service request
g with performanccee� metrics.
.
is necessary to communicate the
eased the opinion that the
being discussed and why it
March 22, 2013, at 7:27 a.m. on the City
.ty of Newport Beach Administration
Recording Secretary
Mayor
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j�' jt f i
V
V l i ;�L d i. �i L�
City Council Minutes
Regular Meeting
March 26, 2013 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:25 p.m.
A CONFERENCE WITH LEGAL COUNSEL -
Code § 54956.9(d)(1)): 1 matter .
County of Orange u. Air California et. al.
United States District Court Case No. CV
B. PUBLIC EMPLOYEE
Title: Dave Kiff, City Manager
III. RECESS
IV. RECONVENED AT 7:00. P.M. FOR REGULAR MEETING
(TJH) (MCx)
(Government
Code § 54957):
V. ROLL CALL
Present: Coun,il Memb 'Gardne "r, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Excused Cbuncil Member Daiele \�
iA
City Attorney HarlS:announced that there were no reportable actions taken.
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Hill
VIII. INVOCATION -Mayor Curry
Mayor Curry acknowledged the attendance of Boy Scouts Troop 741.
Presentation from Jenny Conde regarding the Vest -A -Dog OC Chapter - Mayor Curry
announced that this presentation will occur at the April 9, 2013 City Council meeting
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City of Newport Beach
City Council Minutes
March 26, 2013
Presentation of the National Walking Day Proclamation - Lynette Dyer, Assistant Vice
President of Union Bank in Corona del Mar, Khatchig Tchapadarian, Project Director, McCarthy
Building Company, and, Nickie Behdin, Senior Heart Walk Proctor, Orange County American Heart
Association, expressed their appreciation to Council for the Proclamation and commented on their
organizations' participation in the program
X. NOTICE TO THE PUBLIC
►a
Council Member Henn commented on previous resident
the next budget to support a new resident survey.
Council Member Selich referenced a recent community"
residents and homeowners to discuss the FEMA flofo`d
the City Manager to place the issue on a future Study'S
Council Member Gardner reported a feature_ in Sunset
Buck Gully Trail. ,
.ys and askedthat staff include funds in
y6 at the Balboa Island Fire Station with
nce program. He reported that he asked
for Council to discuss. \0
which mentioned the Newport Beach
Council Member Petros thanked Public Wdrks Director, Webb fdr';working with other Directors in
Orange County in getting the Orange County Transport td`n =Authority(OCTA) to move forward with a
comprehensive study of Coast Highway. He noted that ?te ^OCTA` will release the scrape of work
towards the end of April andrsuggested having 'a discussion at the Council level that will direct the
conversation with OCTA so that they can understand the City's position regarding Coast Highway.
Mayor Curry reported ' "speaking at the annual meeting of the Airport Working Group (AWG).
Additionally, he commented % ositively.on the Youth�d Government Day, Mayors -on- Wheels Day, the
Police Appreciation-Breakfast1 -1 this °1 %1;'Marinea 1V1ees Night. He also announced that he is the new
President o ftl e— Associatien of�' r1ange County Cities for the upcoming year and addressed the
vulnerability of cities to cylier, tacka. e asked that the issue be placed on a Study Session agenda for
Al
future discussion.
)II. PUBLIC COMMENTS ON CONSENT CALENDAR - None
Council Member,Henn notedlihat he recused himself from the City Hall reuse and stated that
he will be abstaining..from approval of the minutes for that item.
)III. CONSENT CALENDAR)
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE MARCH 12, 2013 STUDY SESSION AND REGULAR
MEETING. 1100 -20131 Waive reading of subject minutes, approve as written and order
filed.
2. READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
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City Council Minutes
March 26, 2013
B. CONTRACTS AND AGREEMENTS
3. JAMBOREE ROAD IMPROVEMENTS - BRISTOL STREET NORTH TO
FAIRCHILD ROAD - NOTICE OF COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4071. [381100 -2013] a) Accept the completed work and authorize the
City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office;
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; c) release the Faithful Performance Bond one year aftenthis Council acceptance; and
d) authorize the City Manager to execute Quitclaim Deeds to transfer three street
easement deeds to the City of Irvine.
4. STORM DRAIN CDS UNIT CONSTRUCTION'- NOTICE)OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4915./ >[38 /100 -20131 1a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion with the Orange County
Clerk Recorder's Office; b) authorize the ,Cary Clerk to release the�Labor and Materials
Bond 65 days after the Notice of Completion as been recorded in accordance with
applicable portions of the Civil Code; erid)c).release the Faithful Performance Bond one
year after this Council acceptance. \
5. ENERGY LEADER PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA GAS
COMPANY AND THE CITYv',OFNEWPORT BEACH (C- 5408). [381100 -20131 a)
Authorize the City Manager to execute the "First Amendment to the Agreement to Jointly
Deliver the 2010 -2012 Orange County Energy, Uader Partnership Program;" b) authorize
the City Manager to execute future Energy 1 Le'ader'Fartnership Program agreements; and
,
c) designate Iris Ue i4the Public Works,Department as he "Energy Champion" pursuant
to the Energy Leader Partnership Agreement.
6. ENERGY LEADERSHIP PARTNERSHIP BETWEEN THE SOUTHERN
CALIFORNIA EDISON- COMPANY AND THE CITY OF NEWPORT BEACH (C-
4981.).'_ -(381 00- 20131�a) Au'th'ori a the -City Manager to execute the "First Amendment to
the Agreement to Jointly Deliver the 2010 -2012 Orange County Energy Leader
%Partnership Program;" and b) authorize the City Manager to execute future Energy Leader
r Partnership Program agreements.
7. AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR CITY CLERK
(C- 4ib0). [381100 -80131 Approve and authorize the Mayor and Deputy City Clerk to
executeAhe attached Amended and Restated Employment Agreement ( "Agreement ") for
the City Clerk.
8. 2012 -2013 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT NO.
5320. [381100 -20131 a) Approve the project drawings and specifications; b) award
Contract No. 5320 to Roy Allan Slurry Seal Inc., for the Total Bid Price of $717,720.00, and
authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency
amount of $36,000 .00 (5 %) to cover the cost of unforeseen work not included in the
original contract; and d) approve Budget Amendment No. 13BA -036 transferring
$173,741.00 from the Balboa Boulevard & Channel Road Pavement Reconstruction Project
- Account No. 7013- C2002058 (General Fund) to Account No. 7013- C2001011 (Citywide
Slurry Seal Program).
C. MISCELLANEOUS
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City of Newport Beach
City Council Minutes
March 26, 2013
9. PLANNING
and file.
AGENDA FOR MARCH 21, 2013. [100 -2013] Receive
Motion by Council Member Gardner, seconded by Council Member Henn to
approve the Consent Calendar except for the item removed (10); and noting the abstention
by Council Member Henn on Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petro`s, Mayor Pro Tem Hill, Mayor
Curry, Council Member Selich, Council Member�H'enn
Absent: Council Member Daigle %f
X11V. ITEMS REMOVED FROM THE CONSENT CALENDARr' wit
10. STAND UP PADDLE BOARDING IN NEWPORT HARBOR - HARBOR, COMMISSION
UPDATE. [100 -2013] Receive and file.
Council Member Gardner invited Harbor Commissioner Blank to the podium.
XV.
Harbor Commissioner Blank
up paddle boarding in Newport Harbor.
generous with their time and talents in
Harbor Commission is recommending ag
Harbor at this time; however, the Harbor
in May on paddle board
ngrrd boating s
forum at ExplorOce.a on April 7, 2013, frc
receive and file.
The motion carrij&by" the following roll
Harbor Commission evaluated the safety of stand
listed residents and businesses that have been
i gµAhe-recommendations, and reported that the
addrtional` trrictions to paddle boarding in the
mission recommends a public forum be conducted
�7He announced that there will also be a similar
C00 a.m. to noon.
77
Council MemberN1Gardrier Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member`Selich, Council Member Henn
Council Member 17'aiele yr
Fred Levine commented`on the boardwalk and requested that Council prohibit the use of motorized
vehicles on the boardwalk dub to safety concerns.
Jim Warren discussed the construction of the new Civic Center and took issue with how lighting has
been programmed relative to the sail and City Hall, the height of the sail, and the sail's infringement on
views. He distributed written comments for Council to review.
City Manager Kiff reported that the City will take possession of the building soon. He acknowledged
the need to be good neighbors and stated that the City will continue to work on the issues.
Rita Sanglerat thanked the City for its efforts in dredging the canal in Newport Shores, but asked how
and when the mountain of sludge will be removed. Mayor Curry directed her to speak with Public
Works Director Webb regarding the matter.
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City of Newport Beach
City Council Minutes
March 26, 2013
XVI.
Mark Kopazkie took issue with the reflective properties of the City Hall sail and requested that the City
address the matter to minimise light impacts on the adjacent residences.
Debra Allen provided a handout and expressed concerns regarding the negative impacts to views due to
the new City Hall, especially from MacArthur Boulevard.
Gary Carlson agreed with the negative impacts to nearby residents by the new City Hall. He expressed
concerns regarding light pollution, as well as the reflection from the sail.
Barry Allen welcomed the City to the neighborhood, bui expressed,6ncerns regarding the negative
impacts to views by the parking structure. He encouraged Couu �,to- c'lose the top level of the parking
structure when it is not necessary for it to be open.
City Manager Kiff reported that the City is moving from the""! facility on Apiil.,5, 2013, and will not be
open for business until April 11, 2013 at the new facility -lHe addressed the upper,level of the parking
structure and reported that staff will revisit the matter when the project is completL Additionally, the
Building Committee will consider providing additional screening on the backside�\of the parking. . .
structure. He reiterated that the City wants to be good neighbors and will continue working on the
issues of concern.
Council Member Gardner reported that the Water Qualit`y,`Coastal Tidelands Committee recently set up
its agenda for the year and will discuss street \sweeping hazardous' waste pick -up, keeping track of
Total Maximum Daily Loads (TMDLs), monitoring the Riches area \and dry- weather flows into areas of
special biological significance \ r
rt
Mayor Pro Tem Hill commended,the Chamber oQCommerce on the Police Appreciation Breakfast,
noting that it was well- attended, and commended the Newport Beach Police Department for the fine
work that they do. He also ef)ngrattilated_Hoag Hospital on the success of the Toshiba Classic Golf
Championship. L ``L U
Council Member Henn reported ths(t,, the Balboa Village Advisory Committee (BVAC) considered
finalizing �a recommendation toSCouncil-for enhanced maintenance in the Balboa Village area. He also
reported that the Tidelands Management ) Committee considered whether the Committee should be
extended and-,, if so, in what form. He indicated that it was concluded that the Committee should be
extended, will beysubject to the Brown Act going forward, and its primary purpose will be to manage the
content and spending associated with the Tidelands, Capital Management Plan and act in a
complementary way 'to the Harbor Commission. Further, the Committee will also act in a
complementary way to the, G astal Bay Water Quality Committee which will be primarily concerned
with ocean - facing and watei'quality issues. He reported that the Tidelands Management Committee
will present its new mission to Council at an upcoming meeting. Council Member Henn added that the
Harbor Commission voted to approve that Committee's mission as well. He added that the Finance
Committee reviewed reserve funding levels for the principal discretionary funds and voted to
recommend the transfer of some funds in order to bring the City into compliance with established City
Council Policies. Further, the Finance Committee also considered park in -lieu fee payments and
reviewed the Facilities Financing Plan (FFP), the draft Debt Management Policy, and the Request for
Proposals (RFPs) for Residential Solid Waste Services.
XVII. PUBLIC HEARINGS
11. CITY HALL COMPLEX REUSE AMENDMENTS: GENERAL PLAN AMENDMENT NO.
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City Council Minutes
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GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING
CODE AMENDMENT NO. CA2012 -003 (PA2012 -031) - 3300 NEWPORT BOULEVARD
AND 475 32ND STREET. [100 -20131
Mayor Curry reported that staff is recommending that the item be continued indefinitely and
noted that written comments have been received on this matter.
Council Member Henn recused himself from this item because he has a business
relationship with a business in Via Lido Plaza and left the dais
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Gardner, seconded bv_ iMavor P'ro.Tem Hill to continue the
item to a date uncertain.
The motion carried by the following roll call
Ayes: Council Member Gardner, Council
Council Member Selich
Absent: Council Member Daigle
12. MEDICAL OFFICE BUILDING
BOULEVARD - USE PERMIT NO.
Community Development Director Bra:
Planning Commission'szadion, the ap
indicated that the modifications are a cl
that Council refer the projectjback to the
2013, meeting.
Mayor
Mayor Pro Tom Hi', Mayor Curry,
PERMIT `AP`PEAL - 441 OLD NEWPORT
Z011 (PA2011 -056). [100 -20131
ted °that; since'the filing of the appeal of the
as significantly modified the proposal. She
the Conditional Use Permit and recommended
Commission so it could be heard at its April 3,
Allearing no testimony, he closed the public
by Council Membec,Gardner, seconded by Council Member Selich to direct the
Commission to'veview "a`nd take action on the application which has been revised to
the minimum number of rzquired parking spaces for the proposed medical office use
t_to an off -site parking agreement with the adjacent property owner of 445 Old Newport
rd ^u.ursuant to Zonine Code Section 20.40.100.
'tit, 11
The motion car ie by the following roll call vote:
1
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
13. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT
AGREEMENT (PA2009 -024) - 3500 PACIFIC VIEW DRIVE. [381100 -20131
Mayor Curry reported that staff is recommending that this item be continued to the April 9,
2013, City Council meeting.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
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City of Newport Beach
City Council Minutes
March 26, 2013
hearing.
Motion by Council Member Petros, seconded by Council Member Gardner to continue
the item to the April 9, 2013 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner; Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn S
Absent: Council Member Daigle f,
14. ANNUAL REVIEW OF THE NORTH NEWPORT /t`CENTER DEVELOPMENT
AGREEMENT CONSISTING OF FASHION ISLAND,sBLOCK 600, BLOCK 800, AND
PORTIONS OF BLOCK 100, BLOCK 400, BLOCK "6001 AN6, SAN JOAQUIN PLAZA
(PA2009 -023). [381100 -20131
Associate Planner Nueno utilized a PowerPoiSt presentation to address the terms of the
Development Agreement, display a vicinity map, and, iscuss approved and completed projects,
and covenants and improvements.
Mayor Curry opened the public hearing. Heari�n;�g no testimony, he closed the public
hearing. �\
Motion by Council Member Selich\�seconded by M vor -.Pro Tem Hill to find the review
exempt from the California Environmental Qualty.Act ( "CEQA ") pursuant to Section 15321
(Class 21 - Enforcement Actions by Regulatory Agencies) ofithe CEQA Guidelines; c) find that the
applicant has demonstrated good faith compliance witl�)Ahe terms of the Development
Agreement; and d) receive a1id file the Ann al Report of the Development Agreement for North
Newport Center. / t �,
The motion carried li`y�the folly g roll call vote:
Ayes: Council: Member?Gardnei CounciLmember Petros, Mayor Pro Tem Hill, Mayor Curry,
r� �- ^
(Council Member Sehch Council Member Henn
Absent Council Member,Dai9le�
Tem Hill commented on,'the number of Development Agreements in the City and the
staff time speiaL annually` compiling the reports. He questioned whether there was
y to review these rather than yearly if the applicant is in compliance.
Community Development!Director Brandt reported that both State law and the Newport Beach
Municipal Code require?iperiodic review of the City's Development Agreements on a 12 -montb
basis; however she can {work with the City Attorney's Office to determine if there are options that
Council could take rather than a yearly review. However, the current Municipal Code requires
that Council conduct an annual review and make the finding of compliance
XVIII. CURRENT BUSINESS
15. LOAN OF SCULPTURE TITLED "UPROOTED II" FOR CIVIC CENTER (C-
5407). 1381100 -2014
City Arts Commission Chair Smith reported that the Commission voted unanimously to
recommend that the City Council agree to the loan of a sculpture titled "Uprooted II" for
placement at the Civic Center.
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City Council Minutes
March 26, 2013
City Arts Commissioner Boller introduced the artist and provided details about the sculpture.
She addressed the artist's experience and qualifications, and presented options for placement at
the Civic Center.
Discussion ensued regarding the responsibility for installation and it was noted that the artist
would be responsible for delivering the sculpture to the site, but the City would be installing the
piece. Further, the loan would be for one -year and, at the end of the year, the City would have
the option to purchase the piece. However, if the City decides to not purchase the piece, the
artist would be responsible for removing the piece from the site. !r
Mayor Curry expressed his appreciation to the City Arts Commission and the artist.
Motion by Council Member Gardner, seconded by Council Member Petros to a) approve
and authorize the Mayor to execute the Agreement foa Loan and Display of ,Sculpture between
the City of Newport Beach and Sarah A. Wilkinson)
'Agrsement "); and b)�designate the location
for the placement and display of "Uprooted II "within the Civic Center area ,.,,
l \ )
The motion carried by the following roll call vote_.1
Ayes: Council Member Gardner, Council Member,,Pptros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn-- -
Absent: Council Member Daigle 1`.
16. PROPOSED COUNCIL POLICY I4a: PU8 IC.:ARTS�A'ND CULTURAL FACILITIES
FUND. [100 -2013] -�
Mayor Curry reported &at, the City Cou \cjhXad the opportunity to discuss the item during
today's Study Sess o7ri� 1
Council Member Gardner congratulated the Mayor for getting the matter on the agenda
expeditiously.
Mayor. Cuny discussed the City Council Policy and noted that it establishes the intent to divert
2 %,of'Development Agreement•foes into the Public Arts and Cultural Facilities Fund, as well as
Motion by Mayor Currv: seconded by Council Member Henn to adopt Resolution No. 2013-
31, creating Qouncil Policg)I -13 relating to Public Arts and Cultural Facilities.
In response to,Council Member Gardner's questions, Mayor Curry reported that Development
Agreement fees afe, for the most part, unallocated. City Attorney Harp clarified that specific
amounts of Develop i e'. Agreement fees are allocated for public benefit and Council Policy I -13
would divert 2% o public benefit fees to the Public Arts and Cultural Facilities Fund.
Regarding planning and overseeing the artistic design process, Mayor Curry stated that the
artistic design process would be under the purview of the City Arts Commission.
City Arts Commission Chair Smith reported that the Commission has not had a chance to take a
formal vote on the matter but indicated his support.
Craig Smith commended Council for this action and expressed support for its adoption.
Tom Pollack, ExplorOcean, commended Council for considering this matter and believed that it
will be a benefit that is seen well beyond today and will have positive impacts for the City.
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City Council Minutes
March 26, 2013
Laura Curran reviewed current practices and programs related to art in the City and believed
that it is unclear as to what arts and activities are currently not being funded by the City and
what the City is lacking. She expressed concerns that the gap is not clear and requested
information regarding the amount of funds to be raised and what other types of activities need
dedicated funding.
Rochelle McReynolds, ExplorOcean, commended Council for addressing this item, commented
positively on public art, and spoke in support of the matter. r�
Council Member Henn commented positively on the policy, but %pointed out that the initiative
should be included in the budget for fiscal year 2013/2014 and,in1the facilities financing planning
tool. He indicated that the funding stream will probably /not`'generate material amounts of
money until next year, expressed support for the policy,] and discussed the need for an Arts and
Culture Master Plan for the City which would include long -rang plans and proposals for
facilities and art, as well as a art procurement program: Additionally, he'recommended directing
staff to generate an RFQ for Council for approval; wheieb-y the City would hire an art expert to
lead the Master Planning process, there woul'Abe a well- defined scope and deliverables, and the
target date of the completion of the plan woulyd`befmid -2014. Additionally, heg6quested that
staff return with recommendations for expanded, ngoing art programming and related funding
streams.
Mayor Curry expressed support for
looks forward to staff returning to C
The motion carried by the following roll
Ayes: Council
Council
Absent: Council
17. GENERAL
and
Jim Mosher commented
and the requirement for
believed that` he model
occurred, and qustioned
Plan. t1 fi
Council
;ions and indicated that he
and reports.
voter /�
,Member Petros, Mayor Pro Tem Hill, Mayor Curry,
er Henn
INCLUDING HOUSING ELEMENT
noted that this is another reporting function required
tively on the report, addressed the Facilities Finance Plan (FFP),
City to maintain a 2006 General. Plan Fiscal Impact Model. He
not applied to the recent Uptown Newport project, questioned if it
ther the approval of the project was in compliance with the General
Motion by Council Member Selich, seconded by Council Member Henn to authorize
submittal to the Office of Planning and Research (OPR) and the Department of Housing and
Community Development (HCD).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
is. MEMORANDUM OF UNDERSTANDING (MOU): JOHN WAYNE AIRPORT (JWA) (C-
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City Council Minutes
March 26, 2013
3424). 1381100 -2014
City Manager Kiff provided a PowerPoint presentation to discuss the JWA Settlement
Agreement, the parties involved, terms of the agreement, current use of the airport, expiration of
the agreement, and details of the 1990 Airport Noise and Capacity Act (ANCA). He compared
the existing and proposed Settlement Agreement as it relates to noise -based curfew, Million
Annual Passenger (MAP) count, Class A Average Daily Departures (ADD), and loading bridges.
He presented critical facts, including expiration of the agreement, number of parties involved and
their and interests in the Settlement Agreement, ANCA, and other agencies. City Manager Kiff
addressed passenger load factors, Class A versus Class E distinctions as it relates to noise, trends
in noise, the Current Access Plan through 2015, and airport issues. He presented details of
recent trends at JWA and noted that growth near the end4f 2012 and beginning of 2013 has
been high. He addressed FAA projections and the import -nce of the curfew, the MAP cap, ADDs,
and ANCA. He addressed the process going forward ys mmazized the resulting elements, and
encouraged those interested in getting additional iinforma 'on to connta'ct the City Manager's
Office or the City Attorney's Office. He expressed, a opinion that a united,effort by the City and
the community is required for a successful Settlement Agreement. 1�
Mayor Curry commented on the course of the
parties in order to achieve a the Settlement A
noise curfews.
Mayor Pro Tern Hill commended all thb p`a
conducted by AirFair to ensure that the�ai
absolutely has to.
Jim Mosher expressed, c6ndeins regardinglI
questioned what the FAA hA determined s
an unlimited term` final wit0unlimited loa(
activity in the com g;years `He believed
confusing and
ins and the cooperation needed by all
and obtain a 15 -year extension on the
on the importance of the work
quality of life anymore than it
iwsuit (County of Orange us. Air California) and
. He also expressed concerns regarding allowing
bridges, and including an incentive to increase
the language that specifies those conditions is
-by CouncihMerriber Se Lich seconded by Mayor Pro Tern Hill to authorize the
and the City`'Clerk to: execute the MOU regarding preparation of an Environmental
Report (EIR) for`JWA.'�
The motion carried by thefollowing ioll call vote:
Ayes: Council Member lGardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council >MembeAelich. Council Member Henn
Absent:
19. MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCAPLYTUS TREE
MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). [100 -20131
Associate Planner Nueno provided a Power Point presentation to discuss the background. She
highlighted the vicinity map, and discussed the Conditions of Approval, landscape and
maintenance, details of the proposed landscape plan, screening efforts, and photo simulations at
various years of planting. She reported on proposed changes to the Conditions of Approval
relative to Condition Nos. 7 and 23.
In response to Council Member Petros' questions regarding possible architectural alternatives,
Associate Planner Nueno reported that there have been no other alternatives provided. Council
Member Petros addressed a tower design alternative that was considered to be unviable due to
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