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HomeMy WebLinkAbout06/25/2013 - Regular MeetingCity Council Minutes Regular Meeting June 25, 2013 — 7 :00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:00 p.m. Present: Council Member Gardner, Council Member Peirce, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn Excused: Council Member Daigle 111. PUBLIC COMMENTS ON THE CLOSED SESSION AGENDA Jim Mosher stated that at the last Council meeting, Council adjourned to Closed Session without the required formal announcement and believed that this is a violation of the Brown Act and potentially nullified any action taken in Closed Session. He commented on the right to open government and the public's need to be constantly vigilant. He further listed examples of what he believed were violations and stated that the correction of those violations is not nonsense. He hoped that Council would make the required announcements. City Attorney Harp announced that Council will adjourn into Closed Session at this time to discuss items set forth in the agenda under Closed Session, including labor negotiations. IV. CLOSED SESSION - 6:02 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Human Resources Director; Negotiators Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Human Resources Director; Negotiators Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VIL ROLL CALL Volume 61 - Page 206 City of Newport Beach City Council Minutes June 25, 2013 Present: Council Member Gardner; Council Member Petros; Mayor Pro Tem Hill; Mayor Curry; Council Member Selich; Council Member Henn Absent/Excused: Council Member Daigle Council Member Daigle arrived at 7:21 p.m. VIII. CLOSED SESSION REPORT - City Attorney Harp announced that no reportable actions were Taken IX. PLEDGE OF ALLEGIANCE - Girl Scout Troop 1316 and Troop 2179 X. INVOCATION - Father Kerry Beaulieu, Our, Lady Queen of Angels Church E; Presentation from the Girls Scouts of Orange County Mayor Curry acknowledged the attendance of a delegation of Girl Scouts of Orange County who presented a video on the importance of supporting girls and women in developing leadership positions. Nancy Nygren, Girl Scouts of Orange County, thanked Council for including the Girl Scouts of Orange County in the Marina Park plans and for its support of the Girl Scout program. She expressed appreciation and addressed program plans for the new Girl Scout Center, including implementation of the STEM (Science, Technology, Engineering and Math) Program and career exploration for girls. The Girl Scouts presented Council and staff with Thanks -A -Lot cookies. Recognition of Dispatcher Brian Eberhardt for Receiving the State Dispatcher of the Year Award Mayor Curry read and presented Dispatcher Brian Eberhardt with a proclamation in recognition of receiving the 2013 State Dispatcher of the Year Award. Dispatcher Eberhardt expressed his gratitude for the recognition. Youth Council Annual Presentation to the City Council Mayor Curry commented positively on the work of the Mayor's Youth Council and deferred to representatives for a presentation. Recreation Manager Cates and Recreation Supervisor Harmon provided a PowerPoint presentation to address the Youth Council's background, formation of the Youth Council, its mission, objectives and membership. Corona del Mar High School Students Brian Goldstone, Marissa Fink, Arthur Pesea, and Matthew Salcedo provided a PowerPoint presentation to address the organization's responsibilities and purpose, activities conducted to help the community, community service, and Youth Government Day. They expressed their appreciation to Council for giving them the opportunity to serve, learn, and have a voice; reported on being recognized by the Newport -Mesa Unified School District; and highlighted future goals. XII. NOTICE TO THE PUBLIC Volume 61 - Page 207 City of Newport Beach City Council Minutes June 25, 2013 X11I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM) Council Member Gardner reported attending a recent marketing presentation by Newport Beach and Company (Visit Newport Beach) and commented positively on the event. She discussed a new beetle that attacked over 200 landscape trees, referenced information published by U.C. Riverside, and suggested placing the information on the City's website and making it available to gardeners. Council Member Petros referenced letters received from business and property owners along Mariner's Mile, reported meeting with them, and noted they have a keen interest in having Council learn about and consider the future of West Coast Highway. He requested a future agenda item that would include a discussion on West Coast .Highway and the future revitalization of Mariner's Mile, as well as a brief staff presentation on the current ownership of the highway, the Orange County Transportation Authority's (OCTA's) role in highway planning and the City's role in the planning and maintenance of the area. Additionally, he requested that the report include existing and future traffic forecasts. Council Member Daigle reported on the reorganization of the Chamber of Commerce and attending several of their events including one regarding the John Wayne Airport and another on social media and the importance of having a sound marketing plan. Council Member Seiich discussed the Sculpture in the Park Master Plan and reported on "The Sculpture in the Park Invitational" by the Arts Commission's Arts in Public Places Ad -Hoc Committee to obtain a collection of 18 pieces of sculptures to be installed throughout the Civic Center Park and. on loan to the City for a two -year period. He indicated that the item will go before the Arts Commission first and then come before the City Council hopefully in August. Mayor Curry addressed a recent 24 -hour exercise at Coastal Peak Park by Radio Amateur Civil Emergency Services (RACES) group. He also reported that he attended the U.S. Junior Women's Doublehanded Sailing Championship, the Russo and Steele Auto Auction, and the "Mr. Irrelevant" event recognizing Justice Cunningham as the last man picked in the most recent NFL draft. He commended the Police Association for the Annual. Scholarship Awards and reported attending the kick -off of the Junior Lifeguard Program. He announced the upcoming July 4th event at the Newport Dimes and reported that the City will host the "Courage to Remember" exhibit at the Central Library and encouraged the public to attend. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR In response to Mayor Pro Tem Hill's questions, Police Chief Johnson confirmed that there are contingency plans in place in the event the 4th of July celebration spills over into the weekend (Item 3 - July 4' Street Closures). Regarding Item 4 (FY 12113 Traffic Signal Rehabilitation Project), Public Works Director Webb reported that change-orders and unit prices are included and noted that the Green Book allows for modifications to unit prices. Regarding Item 7 (Police CAD /RMS System), Jim Mosher noted that the same company that determined the need for an upgrade also oversaw the selection of the vendor, as well as implementation of the new software. He expressed concerns with relying on a single advisor and referenced the number of vendors that submitted proposals, but noted that only one non -bid winner was identified in the report. He believed that information should be provided on the other non -bid winners, including why they were rejected. Justin Cox commented on Item 10 (Initiation of an Amendment to the Santa Ana Heights Residential Equestrian District), believing there has been commercialization of the Santa Ana Heights area and a lack of a permitting process for horses. He stated that up to 20 horses are being boarded on certain properties and stressed a need to know what commercialization is going on in the area. He addressed liability issues and quality of life issues for surrounding neighbors and spoke in opposition to deleting the requirement for Volume 61 - Page 208 City of Newport Beach City Council Minutes June 25, 2013 an annual use permit relative to the keeping of three to six horses in the REQ (Residential Equestrian) district. Tom Guy, equestrian owner, spoke in favor of Item 10 and reported previously obtaining a permit from the County. He stated that he does not believe a permit is required in order for the City to enforce other rules and regulations regarding the keeping of horses. He indicated that the ability to safely ride or walk horses through the community is what is really important to the equestrian community. Community Development Director Brandt addressed background to Item 10 and explained the need for Council's affirmation of previous Council action and direction. She reported that this is an initiation process which is a multi -step process required under the City's pre - annexation agreement with the County of Orange and addressed the next steps. _ In response to Mayor Pro Tom Hill's question, Community Development Director Brandt reported that the Santa Ana Heights specific plan prohibits commercial boarding of horses in residential zones. She added that removal of the annual permit requirement does not reduce Code Enforcement's ability to enforce the Code. Nancy Cox spoke in opposition to the proposed amendment under Item 10, believing that there is currently little regulation and the permitting process allows for some means of tracking the number of horses on properties. She noted that the area has become a commercial operation and that the permit process allows for one more safeguard. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE JUNE 11, 2018 STUDY SESSION AND REGULAR MEETING. [100 -2013] 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. B. RESOLUTION FOR ADOPTION 3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED STREETS AND PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD. [100- 20131 Adopt Resolution No. 2013 -54, A Resolution of the City Council of the City of Newport Beach Authorizing the Temporary Closure of Seashore Drive, Newport Boulevard, Back Bay Drive and Balboa Boulevard, Selected Parking Lots, and Selected Feeder Streets. C. CONTRACTS AND AGREEMENTS 4. FY 12/13 TRAFFIC SIGNAL REHABILITATION PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5223. [381100 -2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond, 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 7. POLICE DEPARTMENT COMPUTER AIDED DISPATCH /RECORDS Volume 61 - Page 209 City of Newport Beach City Council Minutes June 25, 2013 MANAGEMENT SYSTEM (CADIRMS) SYSTEM - AWARD OF CONTRACT NO. 5505. [381100 -20131 a) Award Contract No. 5505 to SunGard Public Sector for CAD/RMS Software Licenses and Services in the amount of $1,427,052.00, and authorize the Mayor and City Clerk to execute the contract; and b) approve a Software Maintenance Agreement with SunGard Public Sector for ongoing support and maintenance of the new CADIRMS system, and authorize the Mayor and City Clerk to execute the agreement. 8. CONTRACT WITH CITY EMPLOYEE, MICHELLE CALDWELL (C- 5514). [381100- 20131 Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily 0.11 the position of Police Dispatcher until all vacancies can be filled. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR JUNE 20, 2013. [100 -20131 Receive and file. 10. INITIATION OF AN AMENDMENT TO THE SANTA ANA HEIGHTS RESIDENTIAL EQUESTRIAN DISTRICT. [100 -20131 Authorize the Mayor to send correspondence and a draft ordinance to the Orange County Board of Supervisors and Successor Agency requesting consent to amend the Santa Ana Heights Specific Plan to delete the requirement for an annual use permit relative to the keeping of three to six horses in the REQ (Residential Equestrian) district. 11. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FY 2012 -2013 ANNUAL REPORT. [891100 -2013[ Receive, approve and file the FY 2012 -2013 Annual Report of the Marine Avenue Business Improvement District. 12. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT FY 2012 -2013 ANNUAL REPORT. [891100 -20131 Receive, approve and file the FY 2012 -2013 Annual Report of the Balboa Village Business Improvement District. 13. 2013 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH GOALS. [100- 20131 Receive and file. 14. USE FEES AT THE UPPER NEWPORT BAY ECOLOGICAL RESERVE (UNBER). [100 -20131 Authorize Mayor Curry to send a letter to the California Department of Fish and Wildlife (CDFW) to consider rescinding the Lands Pass fee at UNBER. Motion by Mayor Pro Tem Hill, seconded by Council Member Petros to to approve the Consent Calendar, except the items removed (5 and 6). 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, Council Member Henn, Council Member Daigle XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. PROFESSIONAL. SERVICES AGREEMENT WITH ANCHOR QEA, L.P., FOR CONSULTANT SERVICES FOR SECURING THE CITY'S REGIONAL GENERAL PERMIT NO, 54 (C- 5513). [381100 -20131 Volume 61 - Page 210 City of Newport Beach City Council Minutes June 25, 2013 In response to Council Member Daigle's questions, City Manager Kiff reported that the Regional General Permit (RGP) is an iteration of a permit the City has had on behalf of residential property owners who have a dock and the need to dredge under their docks. He pointed out that the City is not responsible for the dredging, but obtains a blanket permit that allows cutting short the process associated with the Coastal Commission and others to dredge private docks, He indicated that the amount of people using the process varies, but the City attempts to expand the reach of the permit for the benefit of property owners. He reported that it is an expensive process that comes from the Tidelands Fund. Public Works Director Webb reported that Anchor QEA has been asked to move the eelgrass plan forward, but noted the need for modifications. He indicated that staff is working to get the plan approved. Council Member Gardner inquired regarding Item 1A under the Scope of Services. Public Works Director Webb noted additional items under consideration. Mayor Curry reported this is an example where the City is appropriating $90,000 directly for the benefit of residents who own docks and noted the importance of maintaining the Tidelands Fund with adequate funding. Motion by Council Member Petros, seconded by Council. Member Gardner to a) approve and execute the Professional Services Agreement with Anchor for securing the City's Regional General Permit and for assistance with the City's Eelgrass Management Plan; and b) approve Budget Amendment No. 13BA -047 appropriating $90,000.00 from the unappropriated Tidelands Fund balance to CIP Account No. 7231- C440100L 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, Council Member Henn, Council Member Daigle 6. REQUEST FOR SUPPORT OF BOUNDARY LINE AGREEMENT BETWEEN 2808 LAFAYETTE PROPERTY, LLC AND THE STATE LANDS COMMISSION (C- 5515). (381100- 20131 In response to Council Member Gardner's questions, Public Works Director Webb indicated that the owner is aware that they may be required to provide a public easemelt; however, at this time, they are not making enough improvements to trigger the easement, but it is specified within the General Plan. He added that the agreement has been reviewed by the City Attorney's Office and that the City is merely recognizing that it agrees with the bulkhead line and not taking on any responsibilities. Motion by Council Member Gardner, seconded by Council Member Henn to a) authorize staff to assist the Owner and the State Lands Commission to draft a boundary line agreement defining the boundaries between the public tidelands and private area adjacent to the Property; b) authorize the City Manager or his designee to sign and transmit a letter to the State Lands Commission in support of Owner's boundary line agreement; and c) authorize the City Manager or his designee, if necessary or convenient„ to enter the City into the boundary line agreement between the Owner and the State Lands Commission. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XVIL PUBLIC COMMENTS ON NON .AGENDA ITEMS Volume 61 - Page 211 City of Newport Beach City Council Minutes June 25, 2013 Don Schmitz, President of Schmitz and Associates, noted that his company represented the City before the California Coastal Commission for the Marina Park and Sunset Ridge Park Projects. He commented positively on the opportunity to represent the City and commended City staff, especially City Manager Kiff, Assistant City Attorney Mulvihill, and Public Works Director Webb. He also thanked Council for the opportunity to serve. Tom Billings referenced the successful measure to save Marina Park and thanked Council for its support. However, he expressed opposition to Council's attempt to ban fire rings at Corona del Mar State Beach and the Balboa Pier. He commended Council Member Daigle for opposing the ban and believed that the fire rings have anchored the use of beaches throughout the years. He further listed the benefits of the fire rings to the community and referenced the Coastal Commission's unanimous support for keeping the fire rings_ Council Member Petros commented on his frequent use of the beach and noted that he was not on the City Council when the unanimous vote occurred. He commented on an action currently before the Coastal Commission and indicated that he will wait to see what happens and move forward accordingly. He took issue with Mr. Billings' remarks and believed that he should have done more research before speaking. Justin Cox referenced the dialogue that just occurred and suggested that the City Attorney become involved and carefully review public comments on the issue. He expressed support for allowing Council to respond directly to public speakers. Denys Oberman commented on the reuse of the former City Hall site and the revitalization of Lido Village. She commended Council for its response to residents in having a boutique hotel as the preferred use for the site and believed that it will serve to spearhead the revitalization of the Village. Jim Mosher expressed concerns with the money allocated yearly to the Newport Beach and Company/Visit Newport Beach (VNB) by the City and with the organization's declaration that the public is not invited to their meetings. He believed that the organization may be embarking on enterprises using public money that may not meet the City's goals. He urged Council to require that their meetings be open to public participation and that their records be open to public inspection. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Regarding the Water Quality /Coastal Tidelands Committee meeting, Council Member Gardner stated that they discussed street sweeping, noting that it is one of the most effective ways to keep pollution out of the Harbor. She indicated there are a number of areas where there is no street sweeping and believed that the City can require street sweeping and that the Committee voted to present a request to Council to consider expanding street sweeping. Council Member Petros reported on a recent meeting of the Bicycle Master Plan Oversight Committee and addressed items discussed and considered. lie announced that the next meeting will be held on July 1, 2013, at 5:00 p.m. in the Community Room, Mayor Pro Tom Hill announced that the next meeting of the General Plan/Local Coastal Program Implementation Committee will be held on June 26, 2013, at 3:30 p.m. in the Corona del Mar Meeting Room. Council Member Daigle reported on a recent meeting of the Airport Land Use Commission and items . discussed and considered, including approval of the City of Missio Viejo's General Plan Update. She reported speaking with Mission Viejo's Community Development Director, Chuck Wilson, regarding the prolonged time period for their General Plan and explained that they have developed a sustainable action plan to address greenhouse gas emissions. Additionally, she reported on a recent meeting of the Affordable Housing Task Force and indicated that the Department of Housing and Community Development (HCD) is Volume 61 - Page 212 City of Newport Beach City Council Minutes June 25, 2013 generally supportive of the draft that was recently approved by Council. She reported on their support of a measure that waives fees for certain activities connected to the development of affordable housing and noted that the matter will be considered and a report will be brought to Council at a future date. She indicated that the Task Force also discussed how to stabilize and grow the City's affordable housing stock and listed priorities. Council Member Daigle also reported on a recent meeting of the Citizens' Aviation Committee and addressed items discussed and considered. City Attorney Harp presented a status of the EIR, noting that the County is currently looking for a consultant and expect to finish selection of the consultant in the fall. Council Member Henn reported on a recent meeting of the Balboa Village Advisory Committee (BVAC) where issues discussed included results of a survey of mooring permit holders, review of additional parking survey work, and an initiation of a discussion on issues related to a shared parking district and parking 'standards. Regarding the Tidelands Management Committee, he reported that it is now a Brown Act Committee and addressed its membership and consideration of the Committee's Charter, as well as organizational matters in terms of selecting a Citizens' Advisory Panel (CAP) for the Committee. In addition, the Committee reviewed the spending of dollars last year for the Tidelands Capital Infrastructure Plan. He reported that solid progress has been made and that the Committee reviewed the spending plan incorporated into the budget for the fiscal year beginning July 1, 2013. He noted that an update of the plan will be reviewed at the next meeting. In addition, an update was presented on the status of the Tidelands Harbor Fund, He further reported that the State Lands Commission unanimously approved the City's application to set up the fund. Regarding the selection of members for the Citizen's Advisory Panel of the Tidelands Management Committee, he reported that applications will be accepted until July 15, 2013, at 4:00 p.m. He indicated that a presentation was also made regarding whether or not to proceed with a project to revise the pier lines in the Harbor and it was concluded that it is not an item that needs to be addressed at this time. Council Member Henn reported on a recent Finance Committee meeting with the City's external auditors for their Audit Entrance Conference. He reported that the citizens of Newport Beach should know that Council and the Finance Committee are diligent in their oversight of the City's financial matters. The Finance Committee also reviewed the City's insurance program renewals and had a preliminary discussion about the revisions to the fee schedule related to the Fire Department. Additionally it reviewed the Facilities Financial Planning (FFP) Tool and a demonstration of the new long -range fiscal forecasting tool. Council Member Selich reported on the recent General Plan/Local Coastal Program Implementation Committee and stated that the Committee will be considering the Coastal Zone Map and legal descriptions relative to boundaries. Additionally, the Committee will follow up on administrative chapters and discussing the Newport Coast LCP and how that will be integrated into the City's Local Coastal Land Use Plan, as well as implementation. XIX. PUBLIC HEARINGS 15. RESOLUTION NO. 2013 -55: RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) FOR FISCAL YEAR 2013 -2014 AND BOARD APPOINTMENTS FOR FISCAL YEAR 2013 -2014, 1100 -20131 City Manager Kiff referenced the staff report and offered to respond to questions from Council. In response to Council Member Gardner's questions, Public Information Manager Finnigan reported that staff followed standard noticing for public hearings. She also confirmed that Bernie Svalstad's address is within the Corona del Mar BID boundary. Mayor Curry opened the public hearing. Jim Mosher commented on the appointees to the BID Advisory Board and their responsibility Volume 61 - Page 213 City of Newport Beach City Council Minutes June 25, 2013 relative to spending. He hoped that City staff will ensure that the appointees are sworn into office and receive training regarding conflicts of interest and FPPC rules. There being no further testimony, Mayor Curry closed the public hearing. Motion by Council Member Henn seconded by Council Member Petros to a) adopt Resolution No, 2013 -55, A Resolution of the City Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014 for the Corona del Mar Business Improvement District, for Fiscal Year 2013 -14 since the protests represented less than 50 percent of the total assessment amount; and b) appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2013.2014: Bernie Svalstad, Newport Financial Keith Dawson, Dawson & Dawson Jim Walker, The Bungalow Restaurant Tom Nicholson, Nicholson Companies Scott Laidlaw, Laidlaw Schultz Architects Scott Palmer, BID Systems The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 16. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) FY 2012 -2013 ANNUAL REPORT AND RESOLUTION NO. 2013 -56: RENEWAL OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013 -2014. 1891100 -20131 City Manager Kiff referenced the staff report and offered to respond to questions from Council. Council Member Gardner indicated that she would prefer to review the strategic plan before voting on the item, believing that the improvements and activities listed are very general. She stated that she will not support the item, as presented. Mayor Curry opened the public hearing. Justin Cox reiterated Council Member Gardner's concerns regarding the general nature of the report. There being no further testimony, Mayor Curry closed the public hearing. Motion by Mayor Pro Tern Hill, seconded by Council Member Henn to a) receive and approve the Newport Beach Restaurant Association Business Improvement District FY 2012 -2013 Annual Report; and b) adopt Resolution No. 2013 -56, A Resolution of the City Council of the City of Newport Beach Confirming the Levying Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014 for the Newport Beach Restaurant Association Business Improvement District, since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Noes: Council Member Gardner Volume 61 - Page 214 City of Newport Beach City Council Minutes June 25, 2013 XX. CURRENT BUSINESS 17. GROUND LEASE BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE GIRL SCOUTS OF ORANGE COUNTY (GSOC) FOR A PORTION OF MARINA PARK LOCATED AT 1600 WEST BALBOA BOULEVARD (C- 1955). [381100 -20131 Recreation and Senior Services Director Detweiler presented the staff report and provided a description of the project, actions requested from Council, background, terms of the proposed agreement, operation of the facility, events and training, construction and management of the facility, and recommendations. She noted a typographical amendment to the resolution and offered to respond to questions from Council. Mayor Curry noted that the existing facility was built during the Truman Administration. Council Member Petros reported that he has directly participated as a Board Member on the Girl Scouts of Orange County years ago and that both of his daughters went through the program. He stated that the return on investment is priceless and that the efforts and achievements that the Girl Scouts bring to Orange County and the City are unparalleled. Council Member Selich reported that both of his daughters were Girl Scouts and spoke positively on the experience. He addressed participation in the design of the building. Mayor Pro Tom Bill expressed his support and requested adding specific elements to the lease in Article 4, Paragraph 4.1, relative to the removal of items in the old Girl Scout House. He suggested defining "timely manner" and requested adding, "As agreed to by the parties." Additionally, regarding Paragraph 5.1, he suggested amending it to read, "The conceptual design plan shall be consistent with the overall design of Marina Park and regulatory approvals granted by the City." He referenced Paragraph 8.2 and suggested adding language indicating that if they do construction following the completion of Marina Park and should they damage any of the construction of Marina Park, they would be required to repair and replace the new construction back to its original condition. Motion by Council Member Gardner, seconded by Mayor Pro Tern Hill to adopt Resolution No. 2013 -57, A Resolution of the City Council of the City of Newport, Beach Approving a Ground Lease By and Between the City of Newport Beach and the Girl Scouts of Orange County for Property Located on the Marina Park Property and Adopting findings Pursuant to City Council Policy F -7, approving a Ground Lease for a portion of the Marina Park Property to GSOC at a lower than market rate and adopting findings pursuant to City Council Policy F -7 - Income Property; and b) authorize the City Manager to execute and file with the Office of the County Recorder the amended Ground Lease by and between the City of Newport Beach and GSOC. Council Member Henn expressed his support of the amendments. Nancy Nygren, Girl Scouts of Orange County, expressed agreement with the amendments and additions suggested by Mayor Pro Tem Hill, Jim Mosher commented on the City's requirement to obtain a fair market return on public lands while offering a prime property to the Girl Scout organization at below market value. He questioned the logic and wisdom of the practice, noting that the organization is not poor and that there is no finding of public benefit. He questioned allowing public land for private use and believed that it is a gift of public funds and that the City should disclose the dollar amount of the gift. City Attorney Harp reported that by approving the matter, Council is finding that this is within the interest of the community and that no other special findings are needed. Volume 61 - Page 215 City of Newport Beach City Council Minutes June 25, 2013 Mayor Curry reported that the organizations contribution to the City and the County is well known, well documented, and well appreciated. Barbara Rawlings commented on her experience with the Girl Scout organization, congratulated Council for its action, and noted that the organization is and has been an integral part of the community. To that extent, she presented the City with a check for $50 to cover the full annual lease amount over the 50 years. 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, Council Member Henn, Council Member Daigle City Manager Kiff thanked the representatives of the Girl Scouts for their work on the lease, as well as staff for their efforts. 18. APPOINTMENTS TO THE LAND USE ELEMENT AMENDMENT ADVISORY COMMITTEE. [100 -20131 _Motion by Mayor Curry, seconded by Council Member Petros to a) confirm the Mayor's appointments of Council Member Ed Selich (Chair), Council Member Nancy Gardner, Planning Commissioner Larry Tucker, and Planning Commissioner Kory Kramer to serve on the Land Use Element Amendment Advisory Committee; b) consider the applications for the five at -large community member positions received in the City Clerk's Office by the June 12, 2013 deadline; and c) make at -large community member appointments via paper ballot pursuant to City Council. Policy A -2 (Board, Commission, and Committee Appointments). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Jim Mosher indicated that he provided written comments, noted that the applicants were not interviewed for the vacant seats, and stated that he is one of the applicants. City Clerk Brown read the ballot votes as follows: Craig Batley - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Alan Diner - Gardner Barry Eaton - Gardner Bill Larkin - Gardner Michael Melby - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Patricia Moore - Petros, Hill, Selich, Henn, Daigle, Mayor Curry Jim Walker - Petros, Hill, Selich, Henn, Daigle, Mayor Curry Paul Watkins - Petros, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Craig Batley, Michael Melby, Patricia Moore, Jim Walker, and Paul Watkins are appointed to the Land Use Element Amendment Advisory Committee. 19. PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PLANNING AND ENVIRONMENTAL CONSULTING SERVICES RELATED TO AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT (C- 5517). [381100 -20131 Community Development Director Brandt provided a staff report and offered to respond to questions Volume 61 - Page 216 City of Newport Beach City Council Minutes June 25, 2013 from Council Council Member Petros requested information regarding the status of the traffic study and related costs, as well as a brief summary of how this effort ties into the LCP process. Community Development Director Brandt reported that the City is currently under contract with Urban Crossroads which is in the process of updating the City's traffic model that is the foundation of all traffic analysis done throughout the City. She reported that staff anticipates to contract with the company to perform the necessary traffic analysis that accompanies the proposed Land Use Element amendment. The contract will be amended and she reported that the additional work should be under $125,000 and will be handled at the City Manager level. She reported that the contract with The Planning Center includes assisting with the amendment to the City's Coastal Land Use Plan. Council Member Daigle requested and received confirmation from Community Development Director Brandt that greenhouse gas emissions are discussed in the amendment. Motion by Council Member Petros, seconded by Council Member Henn to approve a Professional Services Agreement with The Planning Center to process the amendment to the General Plan Land Use Element for a not -to- exceed fee of $499,995.00, and authorize the Mayor and City Clerk to execute the Agreement. 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, Council Member Daigle 20. APPOINTMENTS TO BOARDS AND COMMISSIONS. (100 -20131 In response to Mayor Pro Tern Hill's question, City Clerk Brown indicated that portions of Council Policy A -2 (Board, Commission and Committee Appointments) were waived at the June 11, 2013 City Council meeting for the Building and Fire Board of Appeals nominations relative to requiring two or more applications for each vacanct seat and not allowing a person to serve for more than two consecutive four -year terms. City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Roxana Mehrfar - Petros John Prichard - Gardner, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that John Prichard is appointed to the Board of Library Trustees for a four year term. City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows: George Crall - Petros, Hill John De Frenza - Gardner, Hill Jay Elbettar - Gardner, Petros, Daigle Brion Jeannette - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Richard Luehrs - Petros, Hill, Selich, Henn, Daigle, Mayor Curry James Pirdy - Selich, Henn, Daigle, Mayor Curry Ron Yeo - Gardner, Selich, Henn, Mayor Curry City Clerk Brown announced that Brion Jeannette, Richard Luehrs, James Pirdy, and Ron Yea are appointed to the Building and Fire Board of Appeals with James Pirdy and Ron Yeo's terms expiring June 30, 2016, and Brion Jeannette and Richard Luehrs' terms expiring June 30, 2017. Volume 61 - Page 217 City of Newport Beach City Council Minutes June 25, 2018 City Clerk Brown read the ballot votes for the City Arts Commission as follows: Carole Boller - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Judy Chang - Daigle, Mayor Curry Cynthia Gallagher - Hill, Selich Caroline Logan - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Michaell Magrutsche - Gardner, Petros, Henn City Clerk Brown announced that Carole Boller and Caroline Logan are reappointed to the City Arts Commission for a four year term; however, a second vote will need to be taken between Judy Chang, Cynthia Gallagher, and Michaell Magrutsche, and read the second vote as follows: Cynthia Gallagher - Hill Michaell Magrutsche - Gardner, Petros, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Michaell Magrutsche is appointed to the City Arts Commission for a four -year term. City Clerk Brown read the ballot votes for the Civil Service Board as follows: Gloria Alkire - Petros Mike Talbot - Gardner, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Mike Talbot is reappointed to the Civil Service Board for a four year term. City Clerk Brown read the ballot votes for the Harbor Commission as follows: David Girling - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Stephen Scully - Daigle Joseph Stapleton - Gardner, Petros, Hill, Selich, Henn, Mayor Curry City Clerk Brown announced that David Girling is reappointed and Joseph Stapleton is appointed to the Harbor Commission. City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as follows: Laird Hayes - Gardner, Petros, Daigle Walter Howald - Hill, Selich, Henn, Mayor Curry Marie Marston - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Marie Marston is reappointed and Walter Howald is appointed to the Parks, Beaches and Recreation Commission for a four year term. City Clerk Brown read the ballot votes for the Planning Commission as follows: Bradley Hillgren - Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Tyler Holst - Gardner Raymond Lawler - Petros, Hill, Selich, Henn, Daigle, Mayor Curry City Clerk Brown announced that Bradley Hillgren is reappointed and Raymond Lawler is appointed to the Planning Commission for a four year term. Volume 61 - Page 218 City of Newport Beach City Council Minutes June 25, 2013 21. CITY INSURANCE RENEWALS - JULY 1, 2013 TO JUNE 30, 2014. [I00 -20131 City Manager Kiff referenced the staff report, as well as an addendum, and offered to respond to questions from Council. Council Member Henn commented positively on the inclusion of the dam in the coverage and the decision to choose Option 2. Motion by Council Member Henn, seconded by Council Member Pettus to approve renewal of the following insurances: excess general liability, excess workers' compensation and property insurance coverage for an amount not to exceed $1,883,878 in total premium from the Insurance Reserve Funds (the term of the renewal is for a twelve (12) month policy period, July 1, 2013 through June 30, 2014). The motion carried by the following roA call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XXI. MOTIONS FOR RECONSIDERATION - None )MI. ADJOURNMENT - 0:13 p.m. The agenda for the Regular Meeting was posted on June 20, 2013, at 4:00 p.m, on the City's website; on June 21, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on June 21, 2013, at 9:00 a.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. The amended agenda for the Regular Meeting was posted on June 21, 2013, at 2:00 p.m. on the City's website; on June 21, 2013, at 2:00 pm on the City Hall Electronic Bulletin Board located in the entrance of the City Council. Chambers at 100 Civic Center Drive; and on June 21, 2013, at 2:00 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. -_ J. t City Clerk 9044� � bmv"- Recording Secretary Mayor Volume 61 - Page 219