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HomeMy WebLinkAbout01/14/2014 - Regular MeetingCity Council Minutes Regular Meeting January 14, 2024 — 7:00 P.M I. STUDY SESSION - 5:00 p.m. II. CONVENE AT 7:00 P.M. FOR REGULAR MEETING III. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle IV. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Selich V. INVOCATION - Council Member Curry VI. PRESENTATIONS Presentation of Cultural Arts Grant Checks City Manager Riff introduced new Library Services Director Tim Hetherton and deferred to him for a presentation. Library Services Director Hetherton thanked Council for its continued promotion and support of arts within the City and stated that this year's list of grantees will provide quality programming for residents and the community at large. He introduced and deferred to the Chair of the Arts Commission, Rita Goldberg. Rita Goldberg, Chair of the Arts Commission, addressed the disbursement of funds that have been allocated to worthy arts entities that share the City's vision of providing quality arts programming for the benefit of residents of Newport Beach. She noted that the Arts Commission is charged with enhancing and supporting the arts and providing cultural programming and thanked Council for its support and Arts Commissioner Arlene Greer who spearheaded this year's granting process. Grant recipients included Baroque Music Festival, ExplorOcean, Festival Ballet Theater, Newport Film Festival, Seaside Musical Theater, South Coast Repertory Theater and Southland Opera. Mayor Hill congratulated Library Services Director Hetherton on his appointment Presentation by City Arts Commissioner Robert Smith Arts Commissioner Robert Smith announced that a Request for Proposal (RFP) soliciting sculptors who may be interested in loaning art to the City for installation in the Civic Center Park was posted online. He reported that Arts Orange County is managing the program and Volume 617 Page 405 City of Newport Beach City Council Regular Meeting January 1.4, 2014 that the installation will be between August 2014 and summer of 2016. Ten (10) sculptures are being sought with three (3) or four (4) alternatives. He addressed the Subcommittee and its members noting that it was formed to make the initial selection which will occur on March 28th. The matter will be presented to the Arts Commission on April 17th and to Council in the beginning of May. He encouraged anyone who knows of artists that may be interested, to visit www,caUforentry.org. He added that the goal is to hold an inaugural event in September 2014. In response to an inquiry by Council Member Gardner, Mr. Smith stated that the application provides the necessary information including installation costs, honorariums available, artist responsibilities, the City's responsibility and Peter Walker's Master Plan for Sculptures. VII. NOTICE TO THE PUBLIC VIIL CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM) Council Member Daigle reported attending one of the gatherings held by the City on selecting a trash cart where three sizes of carts were displayed. She reported that the new carts have wheels and that the City has sent each resident a letter with a code that can be used for online registrations and added there is also a postcard by which residents can submit their orders. She reported that the deadline is January 20, 2014 to ensure that residents obtain the cart of their choice and noted that the City is ahead of schedule compared to other communities. Carts will begin to be delivered the end of March through early May and noted that the service does not apply to areas that have existing contracts. She urged residents to contact the City Manager's office with questions or concerns. Additionally, Council Member Daigle reported that Fletcher Jones Mercedes has been the number 1 Mercedes dealership in the country, for the fifteenth straight year and they have been a steady producer for the City in terms of sales tax revenue. She listed improvements that have taken place around the area and reported that Lower Big Canyon is an area that needs a make -over. She reported that the Irvine Ranch Conservancy has a lot of resources and creativity and is holding a stewardship opportunity on Saturday, January 18, 2014, at 9:00 a.m. where residents can help pull invasive plants. Council Member Curry commented on Proposition 13 and its protections and reported receiving an email from City Councils United for Change, a front group for evolvecahfornia.org, a Bay Area organization, seeking to implement a split roll whereby they would change the Proposition 13 formula as it relates to commercial property. He stated that this would have a disastrous effect on the California economy raising property taxes on commercial properties that would result in higher rents and prices for everyone, increased store vacancies and a significant loss of jobs. He proposed adding for Council's consideration at its next meeting, a resolution in. opposition to changing Proposition 13. Additionally, Council Member Curry reported that Mayor Chuck Reed, from the City of San Jose, has proposed a measure to change the way in which pensions can be negotiated. The measure would allow the City to enter into negotiation with its bargaining units to stop the accrual of benefits in a certain plan and introduce a different tier adding that this would enable the City to achieve savings for existing employees. He asked bringing the matter for Council discussion in order to take a position on the measure. Council Member Gardner asked if Council Member Curry is suggesting waiving Council's usual method of asking the City Manager to bring back an item to determine if Council would like to talk about it. Council Member Curry stated that could be done as well. Volume 6 1. - Page 406 City of Newport Beach City Council Regular Meeting January 14, 2014 Council Member Gardner stated she would love if staff eliminated "kind of from their vocabulary to which City Manager Kiff requested specifics. Council Member Gardner provided an example and the need for increased specificity. Council Member Petros reported he attended a meeting on December 11, 2013 regarding the proposals of the Newport Mesa Unified School District to construct facilities around the Corona del Mar High School Track (Stadium). He reported that the meeting was well - attended and that the proposals are not those of the City but rather of the District. He encouraged residents who have concerns regarding the matter, to contact the District. He noted that the City is also following these matters and that he will be following it up from the dais and if residents have concerns that they would like Council to address, he urged them to contact him with same. Mayor Pro Tern Selich reported that the Land Use Element Amendment Committee (LUEAQ met on January 7, 2014 and finished its policies review except for a few minor items. The next meeting will be on February 2, 2014 at 2:00 p.m. in the Friends Room where the Committee will be looking at the preliminary results of the traffic study and discuss the few remaining policies. He added that January 15, 2014 at 12:30 p.m. in the Newport Coast Room, the General Plan/Local Coastal Plan Implementation Committee will meet and will be getting an update on coordination efforts with the Coastal Commission and discussing Coastal Canyon overlays. In addition, Mayor Pro Tern Selich requested that staff bring back for Council, consideration at the first meeting in February, the issue of reducing speed limits on Tustin Avenue between 21st and 23rd Streets. He was approached by area resident representatives and was presented with information that the full Council should hear. Mayor Hill reported that he and his wife attended a presentation by ExplorOcean on the Titanic and commented positively on the presentation and event. Additionally, he announced the Annual OASIS Open House on January 15, 2014 and encouraged residents to attend as well as Newport Restaurant Week which will be celebrated January 17th through January 26th. Regarding the latter, he reported that the MyNB phone app has a direct link with additional information. Mayor Hill encouraged residents to order their new trash carts by January 20, 2014 adding that they are free. In response to Council Member Henn's inquiry, City Manager Kiff announced that Council will be holding its Strategic Planning /Priorities meeting on Saturday, January 25, 2014 at 8:30 a.m. in the Community Room and that formal notice will be provided. Council Member Henn noted this is an important opportunity for Newport Beach citizens to participate in the priority - setting process in which Council engages and encouraged residents to attend. IX. PUBLIC COMMENTS ON CONSENT CALENDAR Christopher Hanna, Boy Scout Troop 741, thanked the City and Michelle Clemente from the Marine Education Department and the ACORN Group, for helping him complete his Eagle project and provided a brief description of same. X. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES i. MINUTES FOR THE DECEMBER 10, 2013 REGULAR MEETING. [100 -20141 Volume 61- Page 407 City of Newport Beach City Council Regular Meeting January 14, 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 City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. MIRAMAR DRIVE CODE AMENDMENT (PA2013 -211) - 2022, 2026, 2032, 2034, 2038, AND 2042 MIRAMAR DRIVE. 1100 -20141 Conduct second reading and adopt Ordinance No. 2013.29, An Ordinance of the City Council of the City of Newport Beach Adopting7.oning Code Amendment No. CA2013 -006 to Change the Rear Alley Setback From 6 Feet to 0 Feet for Six Properties on Miramar Drive (PA2013 -211), 1) finding that the 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, CA2013 -006. C. RESOLUTION FOR ADOPTION 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2014 UNDER THE CITY S CONFLICT OF INTEREST CODE. [100 -20141 Adopt Resolution No. 2014.1, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Updated Designated Employees List for 2014. D. CONTRACTS AND AGREEMENTS 6. BAY AVENUE PAVEMENT REHABILITA ".LION - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4840 (CAP12- 0003). [381100 -20041 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after acceptance by the City Council. Council Member Henn recused himself from this item since he lives within 500 -feet from the subject property. REQUEST TO INSTALI. PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY AT ISLAND AVENUE BAY AND EDGEWATER AVENUE (C- 5706). [381100 -20141 a) Waive City Council Policy L -7, Encroachments and Bay Access on Buena Vista Boulevard - Edgewater Avenue between Bay Avenue and Fernando, to allow private gates, walls, landscaping and signage within the proposed bridge entry /portal; b) waive City Council Policy L -8, Private Encroachments in the Public Right -of -Way Ending at the Ocean Front or at Newport Bay, to allow the proposed bridge entry /portal at a height of 10 feet, 8 inches tall and low walls to encroach up to 32 feet into the public right -of -way; and c) direct staff to prepare an Encroachment Agreement with Owners for the proposed private improvements within the Edgewater Avenue right -of -way, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 8. REQUEST TO RETAIN EXISTING PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY AT 3400 OCEAN BOULEVARD (C- 5707). [381100- 2014] a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of- Volume 61 - Page 408 City of Newport Beach City Council Regular Meeting January 14, 2014 Way, to allow block walls, railings and entry stairway taller than 3 feet in height within the Marigold Avenue public right -of -way; and b) direct staff to prepare an Encroachment Agreement with property owners for the existing private improvements, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. 9. MEMORANDUM OF AGREEMENT FOR CONSTRUCTION OF THE GIRL SCOUT LEADERSHIP CENTER WITHIN MARINA PARK (C- 1955). [381100- 20141 a) Approve the Memorandum of Agreement for Construction of the Girl Scout Leadership Center within Marina Park by and between the City of Newport Beach and the Girl Scouts of Orange County (GSOC) defining each party's role for construction of the new GSOC facility; and b) direct the Mayor to execute the Memorandum of Agreement and delegate authority to the City Manager to execute all documents necessary to implement the terms of the Agreement to complete the Girl Scout Leadership Center facility within the City's Marina Park. 10. GEOTECHNICAL AND WATER QUALITY PLAN REVIEW - APPROVAL OF AMENDMENT NO. 1 OF THE PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING (C- 5526).' [381100 -20141 Approve Amendment No. 1 of the Professional Services Agreement with Bagahi Engineering for contract professional services for an amount not to exceed $720,000. Continued from the December 10, 2013 City Council meeting. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA AND ACTION REPORT FOR DECEMBER 19, 2013. 1100 -20141 Receive and file. 12. APPOINTMENTS BY THE MAYOR TO COUNCIL COMMITTEES, CITY COUNCIL/CITIZENS AD HOC COMMITTEES, JOINT GOVERNMENTAL COMMITTEES, AND CITIZENS ADVISORY COMMITTEES. [100 -20141 Confirm the appointments outlined in the staff report. 13. APPOINTMENT OF MEMBER TO THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD. [100 -20141 Appoint Ms. Jessica Prause, representing The Port Theater, to the .BID's Advisory Board for Fiscal Year 2013 -2014. Motion by Mayor Pro Tern Selich seconded by Council Member Curry to approve the Consent Calendar, except for the item removed (Item 5); and noting Council Member Henn's recusal on Item 6 since he lives within 500' of the subject property. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XI. ITEM REMOVED FROM THE CONSENT CALENDAR 5. CORONA DEL MAR POCKET PARK - ADOPTION OF A RESOLUTION Volume 61 - Page 409 City of Newport Beach City Council Regular Meeting January 14, 2014 DELEGATING AUTHORI'T'Y TO THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT REAL PROPERTY (CAP14 -0026) (C- 5612). 1381100 -20141 Council Member Daigle pointed out the need for a legal description of the property in the Resolution. City Attorney Aaron Harp reported that there is a legal description for that property that can be incorporated into the Resolution and suggested including that as part of the motion. Motion by Council Member Daigle, seconded by Mayor Pro Tern Selich to adopt Resolution No. 2014 -2, A Resolution of the City Council of the City of Newport Beach Delegating Authority to the City Manager to E.wcute All Documents and Agreements Related to the Acceptance of Real Property for the Corona del Mar Pocket Park Project, with the inclusion of the legal description. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XII. PUBLIC COMMENTS George Schroeder reported that he serves on the Board of Directors for Speak Up Newport and announced their 33rd Annual Mayor's Dinner on February 7, 2014. He stated that the event is at capacity and encouraged anyone who has received an invitation but has not yet responded to visit their website or send an email. Jim Mosher commented on the retention of audio recordings of public meetings. fie noted the ease of storing recordings and stated they are not only the best and most- accurate record, but provides an opportunity for those to listen at their leisure, He stated that until recently, the City had been posting finks to meetings on its website, but that in late November the links had disappeared. He added that he was told that the City has instituted a new Policy whereby no links to any meeting recordings other than those of the full Council would ever be posted and that recordings of all meetings other than those of Council and the Planning Commission would be destroyed as soon as the minutes of the meeting had been approved. He opined this is a terrible Policy from the public's perspective and asked that the matter be placed on a future agenda for discussion. City Attorney Harp reported that the City Clerk has been working on the City's Records Retention Policy to do a comprehensive update and the matter will be brought before Council by the beginning of March which would be a good time to review the retention schedule and how the City provides access of records to the public. He reported that all City Policies are consistent with legal requirements. XIH. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle stated that she serves on the Airport Land Use Commission and that this Thursday they will discuss the Back Bay Landing and structure heights. She stated she does not anticipate any objections from the Commission. Additionally, she referenced the school stadium project and noted that the money for the project originated from State Redevelopment money ($1.5 million). She stated that Newport Beach does not have a redevelopment agency but will be getting half of that money. Volume 61 - Page 410 City of Newport Beach City Council Regular Meeting January 14, 2014 Council Member Henn reported that the Balboa Village Advisory Committee (BVAC) met on December 11, 2013 where it finished the last portion of the work plan for the year and on January 8, 2014 where it finalized the overall recommendations for the year for Balboa Village including a comprehensive set of recommendations for revitalization. These will move forward in a public outreach process and will have a CEQA review and be presented to the Planning Commission and Council for review and adoption later this year. Council Member Henn stated that the Tidelands Management Committee met on December 18, 2013 and noted that the Tidelands Capital Plan will be regularly reviewed including updates and changes to the plan which includes $20 -$30 million in spending for the benefit of the Harbor. Additionally, the Committee reviewed the Harbor Commission's agenda and action items and discussed the Harbor Commission's report on public piers in the Harbor and staff was asked to move the process forward for Council consideration. Discussion also ensued regarding derelict vessels in the Harbor and staff was asked to return with specific recommendations to address the issue. The Committee also discussed the proposed Coastal Commission policy regarding sea -level rise. Council Member Gardner reported that, at the Water Quality /Coastal Tidelands Committee meeting, Wanda Cross from Regional Water Quality Control Board spoke regarding natural source exclusion. She provided a brief description of the matter and addressed potential necessary changes. XIV. PUBLIC HEARING 14. WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE - CODE AMENDMENT NO. CA2012 -004 (PA2012 -057). [100 -20141 Council Member Daigle recused herself from this item since she works in the industry and has an economic conflict. Community Development Director Brandt introduced the item, presented a brief background and deferred to staff for a report. Principal Planner Campbell presented the background including adoption of the existing Ordinance, development of a comprehensive revision and extensive review by the Planning Commission. He addressed highlights of the Ordinance, facility classifications, permit requirements, review authority and the need for public hearings for each classification. He reported the receipt of correspondence noting there is nothing significant in the correspondence that would require changes and presented recommendations as stated in the staff report. In response to Mayor Hill's inquiry regarding the process for a new, free - standing structure that has a stealth system, Principal Planner Campbell indicated that would be considered a new, free- standing structure and would require Planning Commission review. Council Member Gardner referenced a letter from -Paul O'Bovle relative to smaller cell sites and requested the rationale for denying the issue. Principal Planner Campbell reported that the matter was considered, that there is no definition for small cellular versus macro facilities and that by establishing a special review process for smaller sites would provide a competitive advantage for that type of technology, He stated that the City cannot make an Ordinance that provides preferential treatment for one technology over the other. Assistant City Attorney Mulvihill added that there was no defined size and without being able to codify that, the concern was that as these applications come through, depending on the Volume 61 - Page 411 City of Newport Beach City Council Regular Meeting January 14, 2414 design, it may be small enough and fit into a more- preferred priority. It is not known what is being proposed until the application is reviewed and to define size in the Code would be difficult, if not impossible at this time. Council Member Henn noted that the decision is made at various levels and asked regarding the appeal procedures for decisions in the three levels of approval. Principal Planner Campbell reported that the decision of the Director can be appealed to the Planning Commission and there is a fourteen -day time period in which to file the appeal. The Planning Commission's decision cap subsequently be appealed to Council within the fourteen - day appeal period. He noted that once Council makes its decision, if an applicant wants to appeal, it would be through the courts. Council Member Henn stated this is generally, a good improvement to the Ordinance. Council Member Gardner inquired regarding the residential aspect of the Ordinance noting they are not allowed on single - family residences asking whether it would make a difference if the sites were small enough. Principal Planner Campbell reported that discussion regarding access to residential areas was discussed substantially by the Planning Commission. He added that the industry would fake to have access to all zones and noted that this Ordinance addresses existing locations within the current Ordinance and no new areas are being opened as staff feels there is adequate access to residential areas within the public rigbt -of -way. Additionally, Principal Planner Campbell indicated that one of the objectives of the ordinance was to provide additional public notice for these facilities. He noted some scrivener's errors in the Ordinance that will be fixed. Mayor Hill opened the public hearing. George Schroeder stated this is a good Ordinance and hoped Council would approve it. He reported that most people he knows use cell phones as their primary telephone. He added there are places on the Peninsula where his service drops and stressed that cell phones are a public- safety issue. He urged the installation of cell towers in non - intrusive ways. Paul O'Boyle commented on small -cell technology and noted that the Ordinance does not address this. He commented on the process and recommended that the City define the size of box it wants and wireless carriers will follow it. He stated that they have been defined in other jurisdictions and commented on aesthetics. Carver Chin, Crown Castle, addressed small -cell technology solutions and stated the industry would like to see the Ordinance embrace and encourage small-cell solutions. He provided a PowerPoint presentation comparing standard installations with small -cell installations and addressed differences in the scale of development for each. Dean Brown, California Wireless Association, noted that wireless networks are currently adapting to capacity demands due to an 1800% increase in traffic over the last four (4) years and substantial projected increases over the next five (5) years. He stated that the first section of the Ordinance should acknowledge the important role that wireless infrastructure plays in the community related to the economy, job creation, productivity and public safety and that it is a utility and should be permitted under similar requirements as electricity and gas. Be reported that additional sites are needed, especially in high- traffic areas and at peak Volume 61 - Page 412 City of Newport Beach City Council Regular Meeting January 14, 2014 hours and addressed the need for small -cells for capacity reasons. He commented on the screening standards and noted making comments in recent correspondence. He addressed undergrounding and noted the City's high water tables and a requirement to vent underground vaults. Jim Mosher commended staff for its work on this process and for not caving in to the demands of the wireless industry. He pointed, out that the process is still imperfect because there is a class subject to zoning clearance and although there is an appeal period, the appellant would not know of the decision within the time period to submit an appeal. Additionally, he addressed requirements for submitting view simulations by the applicant and denying an application based on impacts in the existing Ordinance but stated that language is vague in the Ordinance being presented. lie stated that one of the major complaints has been regarding notice to the public and felt that it is still not early enough within the proposed Ordinance. Hearing no further testimony, Mayor Hill closed the public hearing. Responding to Council Member Gardner's inquiry on the classification for the photos shown in Mr. Chiu's presentation, Principal Planner Campbell stated that they were correctly described in the presentation as a Class 2 or 3 facility noting that it depends on whether they are in the public right -of -way or not. He reported that typically, an applicant will meet with staff to discuss a proposal to be installed at a specific location, the applicant will submit an application and depending on the class, will go before the appropriate review authority. He added, that there are very stringent timing constraints and that staff provides the analysis and reports to the review authority, public hearing notices will go out and a public hearing will be conducted and a decision made. He stated that staff will look for ways to screen the antennas and that the process will not take additional time based on the class. Assistant City Attorney Mulvihill added that the process is not complicated but that what is being introduced is a public hearing process which is the concern of the industry. She added that through this Ordinance, the industry is encouraged to design facilities that are small. Staff's recommendation is to have the public hearing process. In response to Mayor Hill's stating that the Zoning Administrator and Planning Commission paths are significantly different, Principal Planner Campbell reported that the timeline is similar but the cost is not. He added that cost has not been a significant factor according to his experience. Council Member Petros addressed appeals and views and noted that the distinction is not the size of the device but rather placement in the public right -of -way. Ile stated that there may be a need to review the issue and provide some regulation over access, maintenance, liability and insurance. He indicated that as far as driving the industry, the government is usually bad at choosing sides and that what the City wants is to provide the broadest avenue so that the consumer is the ultimate arbiter of the choice. He indicated that this is a fair amendment which keeps the existing safeguards. Motion by Council Member Petros, seconded by Council Member Gardner to introduce Ordinance No. 2014.1, An. Ordinance of the City Council of the City of Newport Beach Repealing Chapter 15.70 of the Municipal Code and Adopting Zoning Code Amendment No. C42012 -004 Related to the Regulation of Wireless Telecommunications Pacilities (PA2012- 059), 1) finding that the amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b) (3) of the CEQA Guidelines and 2) approving Code Amendment No. CA2012.004, and pass to second reading on January 28, 2014. Volume 61 - Page 413 City of Newport Beach City Council Regular Meeting January 1.4, 2014 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Selich, Mayor Hill, Council Member Curry, Council Member Henn Recused: Council Member Daigle XV. CURRENT BUSINESS 15, PUBLIC MEETING ON THE RENEWAL OF THE NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (NBTBID). 1100 -20141 City Manager Kiff reported that Council has heard this issue numerous times and noted this item pertains to renewal of the NBTBID. Council Member Henn commented on a commitment to support the Arts Master Plan process and indicated that is not mentioned in the documents. Public Information Manager Finnigan reported that the matter will be brought back to Council at its next meeting with agreements for the TBID and for the extension of the TOT agreement. Mayor Pro Tom Selich commented on the possibility of suggesting other uses for the money than the arts. He stated that working with the Coastal Commission Implementation Plan, one of the issues concerns affordable hotel rooms in the City. He indicated that it would be appropriate to consider rather than using the money for the arts, getting a head start on an affordable hotel room plan noting that the Coastal Commission is adamant about it and it should be discussed and considered. Council Member Daigle stated that she would appreciate a discussion of other uses and expressed concerns with the creation of a money tax by having money from visitors going towards the arts. Jim Mosher commented on Visit Newport Beach promoting the City, in general, as a destination. He stated that personally, he is not interested in having more people visit Newport Beach and that he is not sure that any promotion is needed. He stated that the TBID is a commercial venture to book rooms using a fee to charge other guests at those hotels and felt the government should not be involved in that function. He noted they had offered $150,000 for the arts at Council's last meeting but that matter was not included in the documents. Additionally, he stated they never agreed to that at a public meeting nor did they supply the annual reports that they were supposed to supply. He added there are problems with this organization and stated that if Council supports it, the idea of mingling it with Visit Newport Beach is a terrible idea. Motion by Council Member Curry, seconded by Council Member Petros to hold a public meeting on the proposed renewal of the NBTBID. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XVI. MOTION FOR RECONSIDERATION - None Volume 61 - Page 414 City of Newport Beach City Council Regular Meeting January 14, 2014 XVII. ADJOURNMENT - Adjourned at 8:33 p.m. in memory of Myrtle Cox The agenda for the Regular Meeting was posted on January 9, 5014, at 4:00 p.m. on the City's website; on January 9, 2014, at 4:00 p.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on January 9, 2014, at 4:00 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. Recording Secretary ('?LLQ-SI�- Mayor Nmv — Gity Glerk Volume 61 - Page 415