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HomeMy WebLinkAbout01 - MinutesMarch 25, 2014 Agenda Item No. 1. CITY OF NEWPORT BEACH City Council Minutes Study Session March 11, 2014 - 4:30 p.m. I. ROLL CALL Il. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill 1. Clarification of Items on the Consent Calendar - None 2. Balboa Village Theatre - Lease Amendment, Contribution City Manager Kiff introduced the item and deferred to representatives from The Balboa Performing Arts Theatre Foundation. _ Dr. Donald Hecht, Chairman of the Board for The Balboa Performing Arts Theatre Foundation, introduced Dr. Steven Beazley, the Foundation's CEO and President. Mr. Beazley displayed a PowerPoint presentation and provided information culled from recent community and expert input regarding the vision for the Theatre. He indicated that the Foundation has retained a top consultant in the theatre profession, built community support, and has created a presence in the Newport Beach Independent to raise community involvement. Mr. Beazley referenced several comparable theatre facilities based upon the criteria established by the consultant, including the Fairfield Theatre Company, an organization that has been operating for ten years. He indicated that the Fairfield Theatre's seven -page summary, profit and loss statement, programming analysis, and their keys to success document, was provided to the City Council, and noted that the Fairfield Theatre was noted as a model for a "Black Box Theatre." Mr. Beazley displayed various elevations which reference the proposed layout and the facade that would stay the same, with the exception of a new marquee. He indicated that the business planning analysis was conducted by the planning firm AMS to evaluate community participation, motivation, and lifestyles. He believed that there is community support for renovation and reopening of the existing Theatre and discussed how it can contribute to the revitalization of Balboa Village. Mr. Beazley noted the Theatre would always be in the historic heart of Newport Beach and, referenced the Balboa Village Master Plan wherein the City pledged support of the Theatre as a cultural amenity. In response to Council Member Daigle's opinion that the City needs representation on the Foundation's Board, Dr. Hecht commented that, once Council approval has been given, the Foundation Board would be populated with members who would oversee the construction, programming, fundraising, and development. The Board itself would determine its membership and makeup. Council Member Henn urged caution in regard to the Brown Act when considering City membership on the Foundation Board. He noted that Dr. Hecht's role was to get the project off Volume 61 - Page 487 21 City of Newport Beach City Council Study Session March 11, 2014 the ground and conduct a feasibility report, and now a Board needs to be developed and self - sustaining. Council Member Henn thanked Dr. Hecht and Dr. Beazley, previous Foundation Board members, and the current staff for their work on this project. He emphasized that the action on tonight's agenda is not the final approval to proceed; however, it is an approval in concept to an approach for moving forward before final approval is granted. He further provided historical financial background for the Theatre project. The Foundation Board would be the operator going forward, subject to final approval by the City. He requested that certain conditions be included, such as the Board having $2 million in the bank which was unencumbered, due diligence on the cost estimate incurred by the City (including that the architect and contractor produce a preliminary set of plans and cost estimate, at the expense of the Foundation for the City's review), a full professional business plan conducted by the consulting firm acceptable to the City, and a renegotiated lease with operational covenants acceptable to the City, and, before final approval by the City. Council Member Henn expressed support for the project contingent upon the aforementioned conditions being met, believes this project would fill an important void in the City's portfolio of amenities and the investment would be fully recoupable since the City would own a building in Balboa Village whose value exceeds the City's costs. Council Member Gardner noted that she is a former president of the Foundation Board, but does not support the proposal. She noted that, if the project failed the City would have to subsidize a Theatre, questioned the actual support from the community, and noted that, if there was true support, the Foundation Board should be able to raise $4 million. Dr. Hecht stated that the Board is not asking for $2 million, but is asking for an approval of the concept so they can return to the community indicating that the City approves the concept, and now it is up to the community to handle the fundraising. Council Member Gardner stated that the City already supports the project since it purchased the building. Discussion ensued regarding the 50 -year terms of the historical lease and the current lease. Council Member Petros requested several conditions to the terms of the project, including the City's approval of a business plan and opt -out or termination clauses in the lease in the event the operator does not meet their side of the agreement. Dr. Hecht was amenable to the additional terms. Ralph Rodheim, Balboa Village Merchants Association, discussed community, resident and merchant support for the proposed project and stated that financial support is critical to its success. He distributed and read a letter expressing merchants support, indicated that the renovation will bring culture to the City, stated it is a destination point for residents and visitors, and believed that a multi -use entertainment venue will inject excitement and revenue into the surrounding restaurants and shops. Roger Grable, previous longtime resident noted that he has a strong attachment to the community. He shared the same concerns as Council, but indicated that the City now has an opportunity to put this item to rest or accomplish something, and the conceptual review will provide an opportunity to encourage support for the Theatre. Kennie Joe Rizzo, theatergoer, stated that it sounds like the City is committing to the project; however, she expressed concerns that traffic issues in that area would prevent her and others not living in the adjacent area to utilize the venue. Volume 61 - Page 488 22 City of Newport Beach City Council Study Session March 11, 2014 Jim Mosher expressed concerns as to the funding that was raised for the project two to three years ago. He expressed confusion as to the difference between "approval in concept" and "final approval" and that the terms seem very vague. He suggested that Council review the terms and return at a future meeting for discussion. Doug Pasquale stated that he and his wife will contribute $50,000 toward the project and that the Theatre is an important component for the revitalization of Balboa Village. He believed that the City should take advantage of some of the best real estate in the country, or do something else, such as condemn properties for other usages. Council Member Petros reiterated the City's commitment to the Balboa Village restoration and noted its support for the success of the Theatre project. Council Member Curry stated that the City is working on revitalizing the area. He noted the partnership with neighbors and the private sector for future success of the area, as revitalization will keep property values high and provide amenities that people want to have. He noted that the City needs to be a lead partner to have a catalyst that will revitalize the Village and now a proposal came forward from a dedicated group of citizens, and all people who have served on the Board over the years, to develop the Theatre. He commended Council Member Henn for his dedication to the project and noted that the Theatre will provide a resource to the community for generations. Mayor Pro Tem Selich expressed concerns with the City committing $2 million without reviewing a business and financial plan, cost for overruns, the building's worth after the improvements, and alternate uses if the Theatre does not meet its operational terms. He further noted that he would like to see an outside peer review of the proposed business and financial plans, and indicated that a performing arts center may be better served in another location within the City. He understood that seven of ten performances at the proposed Theatre would be music performances, not stage plays, and that this would make it a de facto concert hall. He stated that he is inclined to be supportive of the project; however, has practical concerns with the lack of a business plan. Mayor Hill stated that the City's commitment of $2 million should be contingent upon receipt of a business plan and operational lease approved by the City, and that the preliminary conceptual design and cost estimate fits within the $2 million allocation. In his estimation, the lot value of the parcel is approximately $3 million and that the City would not be at risk in the event the Theatre was not successful. Council Member Henn emphasized that there will be many issues which must be vetted prior to the City making final approval of the project, and tonight's approval in concept is only the first step toward making a prudent decision. 3. Update on the Transition to Automated Residential Refuse Collection - Continued 4. West Newport Facilities Plan City Manager Kiff thanked Council Members Petros and Henn and Mayor Hill, along with the Westside residents for their involvement in this discussion. He noted that the project is still in the early stages of development and staff is seeking Council input and direction. Assistant City Manager Badum utilized a PowerPoint Presentation to discuss consolidation of the corporate yards and construction of a new Police Station. He reported that the maintenance yard is no longer fully utilized due to outside contracting, the utilities yard at 160' Street has an underground reservoir and 800 MHz antenna, the antenna may be relocated on the existing parcel, and, if the yards are consolidated, the Police Station could be built on the remaining site or there is potential to purchase or lease land for this use near the airport. Volume 61 - Page 489 23 City of Newport Beach City Council Study Session March 11, 2014 Recreation and Senior Services Director Detweiler discussed the various aspects for community center needs in the Westside area. She stated that the new West Newport Community Center is proposed to have multi - generational programming, designated hours to get a work out in, various sports, national junior basketball usage, as well as usage for the local schools, gymnastics, wellness room yoga, balance mobility, and flexible classroom space to offer other miscellaneous programming. Other amenities discussed include an indoor rock climbing wall. Outside amenities desired include a four to five lane lap pool, water aerobics and swim programs, pickleball courts, outdoor walking and fitness stations, a community garden, and playground. Council Member Daigle requested information on the optimal level of reserves for the City and inquired as to the lack of a financial analysis from the Finance Department. She inquired as to the need for public safety matters as a priority for residents and to the priority for the new Police Station. Council Member Henn indicated that, as a member of the Finance Committee, an analysis showed that the Police Station project could move forward in 2020, and that this project could be accommodated on a cash basis without borrowing. Council Member Daigle inquired as to the assumptions the plans are based upon in terms of maintaining the City's reserve levels. City Manager Kiff reported that the City's Facilities Financing Plan (FFP) includes a component from reserves and indicated that some of the reserves are set aside for facilities. Council Member Daigle asked what the appropriate level of reserves should be in the next three to ten years and whether we are using consultants to review these numbers. Council Member Curry stated that reserves should not be utilized for operating costs, however, no expert has the magic number for the correct amount in reserve. Council Member Henn noted the City's AAA rating for underlying obligations and that the current FFP does lay out the ebb and flow of reserves associated with the spending related to that plan. Mayor Hill directed the meeting back to staff to explain where the proposed Community Center sites would be. Assistant City Manager Badum noted the need for approximately 25,000 square feet, 120 parking spaces and a minimum 2 acre parcel. City staff recommended two possibilities for placement of the Community Center, the Superior /Coast Highway site and the 16th Street corporate yard. The Superior /Coast Highway site is adjacent to the highway where there is an existing parking lot. He noted that there is 60 feet of elevation change, which would require excavation and retaining walls, and by building into the slope, this site would protect local views. Council Member Henn expressed support for a park and tram system to access the Peninsula. In response to Council Member Daigle's question, Assistant City Manager Badum indicated that the site would not require a view easement and is not subject to the Caltrans view restrictions on Sunset Ridge. Assistant City Manager Badum noted that the traffic improvement needed would include improved access to Sunset Ridge, overcrossings to provide better traffic circulation, and removal of crosswalks. Another feature, if the parking structure could be pushed into the hillside, would be to include a green roof that could accommodate various recreation uses. Disadvantages of the site include the steepness which would make construction costly, as well as highway noise which would prohibit quiet recreation uses. Volume 61 - Page 490 24 City of Newport Beach City Council Study Session March 11, 2014 Council Member Gardner expressed support for the Superior /Coast Highway site since workouts could be extended into outdoor activities, there would be extra parking, and there would be better access to Sunset Ridge. The site is also closer to the Peninsula. Assistant City Manager Badum noted the connection to the Hoag Hospital property which would facilitate traffic circulation. He pointed out that the site is in the Coastal Zone and would require a coastal permit, as well as Caltrans review due to its adjacency to the State highway. Council Member Petros expressed concerns with Orange County Transportation Authority (OCTA) and the California Coastal Commission (CCC) for rulings on various projects. He expressed support for the proposed site's ability to integrate an entire stretch of active space. He added that this could be an opportunity for improved traffic circulation and accessibility from the Peninsula, as well as an opportunity for the re- greening of Balboa. He expressed support for the opportunity to partner and integrate with Hoag Hospital. Assistant City Manager Badum provided a review of the other site, which is the 16th street utility yard, where one -half of the parcel would be used for the Community Center. He noted that the existing reservoir under the parking area and pump station would have to remain, however, the remainder of the three acres could be utilized for Community Center and outdoor recreation. He stated that the site has excellent views and if the Banning Ranch project moves forward, the proposed park area would be immediately adjacent to this site. Council Member Petros noted the high level of community support on the Westside for community amenities similar to the OASIS Senior Center and the Newport Coast Community Center. He expressed support for the potential partnership with Hoag Hospital and that, of the seven sites that were reviewed, the Superior /Coast Highway and 16th Street sites were the most viable. He noted the pros and cons for each site and his desire to continue receiving input from the Westside residents for their preference. Council Member Henn expressed support for the potential partnership between the City and Hoag Hospital and that his inclination was to support the Superior /Coast Highway site. He requested that staff focus on vetting the cost for developing this site and also review the FFP to establish the City's financial capacity to accommodate the estimated cost of that site. Mayor Pro Tem Selich believed that the Superior /Coast Highway site could cost up to $28 million to construct and suggested finding ways to ensure that a project of this magnitude fits into the City budget. Council Member Daigle stated that both sites have promise. She expressed support to continue to receive input from residents and also to be mindful of the costs. George Schroeder stated the Superior /Coast Highway site is closer to his home; however, expressed concerns because it will negatively impact parking in the area, which is already severely compromised. His preference is for the 16th Street location as there is room For adequate parking. He believed that the Superior /Coast Highway site would be used for beach parking and there are already complaints from residents in the Sunset Ridge neighborhood about traffic impacts. Kennie Jo Rizzo, Newport Shores resident, believed that the parking lot at the proposed Superior /Coast Highway site would become the parking lot for beachgoers and residents would have to fight for a spot to use the Community Center on the weekend. She expressed her support for the 16th Street location as it is flat and has superior views. Mike Johnson noted his views on both proposed sites and that he likes the idea of incorporating the Police Station with the maintenance yard. He believed that the three story parking lot at the Volume 61 - Page 491 25 City of Newport Beach City Council Study Session March 11, 2014 Superior /Coast Highway site would be well used for beachgoers and would protect the investment in Sunset View Park. He noted that the 16th street site is in a manufacturing zone /commercial area and likes the concept of finding a location that is more central in Newport Beach. Lori Morris expressed her support for the 16th Street location, believing the Superior /Coast Highway site would be troublesome in terms of disturbing the view plane. She suggested developing the parking structure, but to ensure that it does not impact views, and requested that, if the site was used there be no jail facility located on the premises. Mayor Hill pointed out that there is a jail located in Fashion Island and that the area seems to be doing well. Gina Westley expressed support for both locations; however, was inclined to lean towards the 16th street location for those who were serious about working out. Jim Mosher expressed concerns as to whether the yards would be needed in the future due to contracting out services, and requested clarification on the size of the proposed Police Station. He believed that staff seemed inclined toward heavy sports usage at the proposed Community Center, but that the Westside is also lacking a library and other, broader uses other than fitness. He stated that the (CCC) also needs to complete their duties as assigned through the agency and traffic circulation must ensure pedestrian safety across bridges and underpasses. Dr. Gorgina Takemoto expressed concerns with the traffic impacts of the Superior /Coast Highway site since her neighborhood is already impacted and believed that the proposed parking structure will be used for beach parking. She also suggested that bridges were a useful measure for keeping pedestrians out of the intersections as a safety precaution. Cindy Koller expressed concerns with traffic impacts should the Superior /Coast Highway site be selected, as there are already traffic impacts projected if the Banning Ranch project moved forward. She suggested using the site as a dog park and a view park, and not adding uses that would result in more congestion. Jim Miller, President of Newport Island Homeowners Association, expressed support for the Community Center project in concept and that any location the City selects will be successful. He expressed his preference for a facility closer to the Peninsula, to have a bridge over the highway, and to partner with Hoag Hospital for various programming. Sharon Boles, Newport Crest Board of Directors, expressed support for the 16th Street location and noted that residents have been aware that the City has been looking to build a new community center. She stated that any additional facility will be welcomed by the residents. With no Council Member objecting, it was the direction of Council to continue with community forums to seek resident interests and desires for the Community Center project and proposed locations, and to further vet the cost of the Superior and Coast Highway site and return to Council with additional recommendations. III. PUBLIC COMMENTS INCLUDING PUBLIC COMMENTS ABOUT ITEMS ON THE CLOSED SESSION AGENDA Jim Mosher expressed concerns regarding a recent Superior Court decision resulting from badly written legislation approved by the City Council in regard to changes to the Harbor Code, believing that the wording used in the proposed legislation was unclear and suggesting that independent scrutiny be given to all legal documents. Volume 61 - Page 492 26 City of Newport Beach City Council Study Session March 11, 2014 Blake Hockenbury, Peninsula resident suggested an alternative use for the building at the end of the Newport Beach pier and presented information and a financial plan for a concept called "PierFIT Studio" which would include various fitness activities. In response to Mr. Mosher's comments, City Attorney Harp stated that Mr. Mosher had mischaracterized the judge's tentative ruling and the Vallely case. He clarified that the ruling required the applicant to obtain a permit for a particular use and emphasized that the Newport Beach Municipal Code did not exempt the applicant from getting the required permit. City Attorney Harp announced that Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and proceeded to read each title. He also announced the following recusals: • Mayor Hill recused himself from Item ILB.1 (Conference with Real Property Negotiators regarding 5810 West Coast Highway) since he owns property within 500 - feet of the subject property • Council Member Henn recused himself Item ILB.2 (Conference with Real Property Negotiators regarding APN 423 - 102 -03 and APN 423 - 382 -05) as a precaution since he has a business relationship with a business in Via Lido Plaza IV. ADJOURNMENT - 6:40 p.m. The agenda for the Study Session was posted on the City's website, on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive on March 6, 2014, at 4:00 p.m. City Clerk tecording Secretary Mayor Volume 61 - Page 493 27 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 11, 2014 - 7:00 p.m. I. STUDY SESSION - 4:30 p.m. II. CLOSED SESSION - 6:40 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; 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); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2 matters 1. Property: 5810 West Coast Highway, Newport Beach 92663 Agency negotiator: Dave Yiff and Rob Houston Negotiating parties: E &B Natural Resources and Oxy USA Inc. Under negotiation: Instruction to negotiator regarding price and terms of payment. Mayor Hill recused himself from this item since he owns property within 500 -feet of the subject property 2. Properties: APN 423 - 102 -03 and APN 423 - 382 -05 Owners: Lido Pacific, LLC Agency negotiator: Pat Thomas, Deputy Public Works Director Negotiating parties: Lido Pacific, LLC Under negotiation: Instruction to negotiator will concern price and terms of payment. Council Member Henn recused himself from this item as a precaution since he has a business relationship with a business in Via Lido Plaza III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill VI. CLOSED SESSION REPORT - Mayor Hill announced that the City Council will recess back into Closed Session at the conclusion of the Regular City Council Meeting. Volume 61 - Page 474 28 City of Newport Beach City Council Regular Meeting March 11, 2014 VII. PLEDGE OF ALLEGIANCE — Council Member Curry VIII. INVOCATION - Pastor Eric Heard, Mariners Church IX. PRESENTATIONS Unveiling of New City Seal Centennial Mayor Don Webb provided a brief history of the City Seal and former City Manager and Council Member Bob Shelton unveiled the new City Seal. Centennial Mayor Webb explained the new City Seal and its significance, and thanked those involved in the process. Mr. Shelton thanked Mr. Webb and Council and commented positively on the official Seal and on the development of the initial concept. Members of Council commented positively on the Seal and on the efforts taken. Southern California Edison Energy Leader Partnership Gold Level Plaque Presentation and Presentation of Efficiency Incentive Check for Dolphin & Tamura Water Wells Improvements Jenelle Godges, Southern California Edison (SCE), introduced Bernard Adebayo -Ige from SCE explained his role and addressed the City's energy- efficiency accomplishments, measures and savings. They presented the City with a plaque in commemoration of SCE's Energy Leader Partnership Gold Level Award and a rebate check in the amount of $152,000 in recognition of the City's energy - saving achievements relative to the Dolphin & Tamura Water Wells Improvements. Arbor Day Presentation - Rotary Club of Newport Beach Dr. Jerry Klemer, Newport Beach Rotary Club, discussed a recent distribution to third grade students in the City, noted a joint effort in partnership with the City at Eastbluff Elementary School, and announced that the featured tree for 2014 is the Golden Truffle. He presented a small seedling to Council and thanked the City for its cooperation. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Daigle discussed the current drought conditions and reported attending a recent Southern California Association of Governments (SCAG) meeting where William Croyle spoke. She reported that the snowpack is down 20% of what it should be, reported on drought legislation recently passed, and stated that the Governor is involved with managing the issue and the State is encouraging partnerships with local cities, and discussed the City's efforts and possibility of receiving grants for water use efficiencies. She reported that agriculture will be impacted this year, addressed the future in terms of storm water and Municipal Separate Stormwater Sewer Systems (MS4) permits, and noted that transfers will be part of the future. Council Member Henn announced that the Balboa Village Advisory Committee (BVAC) will be holding a meeting on March 12, 2014, at ExplorOcean at 4:00 p.m, and listed items for discussion on the agenda. Additionally, he announced that the Tidelands Management Committee will be meeting on March 19, 2014, at 4:00 p.m. in the Civic Center Community Room. Volume 61 - Page 475 29 City of Newport Beach City Council Regular Meeting March 11, 2014 Council Member Curry reported representing Council at the Opening Day of Little League on March 8, 2014. Council Member Gardner commented on the City's groundwater replenishment system and announced that the Water Quality /Coastal Tidelands Committee will meet on March 13, 2014, at 3:00 p.m. in the Newport Coast Conference Room and the City Arts Commission will hold a meeting at 5:00 p.m. in the Friends Room of the Central Library on the same date. Council Member Petros reported meeting with Patrick Paragas, Corona del Mar Middle School 8th grader, who presented him with many ideas on improving the City and thanked him for contributing to the Bicycle Master Plan. He reported on a tour of District 2 starting at Cliff Drive Park and discussed the renovation efforts, and thanked those involved. Additionally, he reported attending a potluck/BBQ in Newport Shores. Mayor Pro Tem Selich provided an update on the sculpture exhibition, noting that the City received 260 submittals and that the City Arts Commission will be selecting ten pieces with three alternates. The unveiling of the sculptures is tentatively scheduled for September 13, 2014. Additionally, he reported attending the Arbor Day celebration at Eastbluff Elementary School. Mayor Hill reported participating in the Fire Department's graduation ceremony of three new Firefighters. 0.411 )III. CONSENT CALENDAR A. READING OFMINUTES AND ORDINANCES 1. Minutes for the February 25, 2014 Study Session and Regular Meeting 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. ORDINANCES FOR ADOPTION 3. Adoption of Ordinance No. 2014 -5 Amending Newport Beach Municipal Code Chapter 10.32 Regarding Sound Amplification Permits [100 -20141 Conduct second reading and adopt Ordinance 2014 -5, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 10.32 of the Newport Beach Municipal Code Regarding Sound Amplification Permits. 4. Adoption of Ordinance No. 2014 -6 approving Zoning Code Amendment No. CA 2012- 006 for Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012 -091) [100 -20141 a) Conduct a second reading; b) Find that the project is categorically exempt from the California Environmental Quality Act ( "CEQA') pursuant to Section 15302 of the CEQA Guidelines; and c) Adopt Ordinance No. 2014 -6, An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA 2012 -006 for Zoning Designation Changes and an Increase in the Development Limit for the Newport Harbor Yacht Club Property Located at 720 West Bay Avenue (PA2012 -091), approving Code Amendment No. CA2012 -006 to increase the development limit for the project site (Anomaly 67) from 20,000 square feet to Volume 61 - Page 476 30 City of Newport Beach City Council Regular Meeting March 11, 2014 25,000 square feet and to change the zoning designation for a few properties within the project site from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI). C. RESOLUTIONS FOR ADOPTION 6. Resolution Supporting a Water Quality /Conservation Grant Application [100 -20141 Adopt Resolution No. 2014 -22, A Resolution of the City Council of the City of Newport Beach Authorizing and Supporting the Submission of a Grant Proposal for Funding Under the United States Bureau of Reclamation's (USBR) Bay -Delta Restoration Program: Calfed Water Use Efficiency Grant Program. 7. Approval of the Fiscal Year 2013 Urban Area Security Initiative Grant Program Transfer Agreement and Training Funds (C -5761) [381100 -20141 a) Adopt Resolution No. 2014 -23, A Resolution of the City Council of the City of Newport Beach Approving the Transfer Agreement for Fiscal Year 2013 Urban Area Security Initiative (UASI) Grant Program Purposes ("Transfer Agreement ") Between the City of Newport Beach and the City of Santa Ana, and authorizing the City Manager and the Fire Chief to act as the "Authorized Agents" to execute for, and on behalf of, the City any actions necessary to implement the Transfer Agreement and obtain federal financial assistance provided by the Federal Department of Homeland Security and sub - granted through the California Emergency Management Agency; b) Accept the 2013 UASI Grant Fund Training Allocation in the amount of $10,242 to be utilized for reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel. The City of Santa Ana UASI has designated $10,242 to reimburse the City's approved UASI training instructors to conduct regional training; and c) Approve Budget Amendment No. 14BA -035 increasing revenue estimates by $10,242 in Budget Account Number 1820 -486G; and increasing expenditure appropriations by $10,242 in Account Number 1830 -7041. D. CONTRACTS AND AGREEMENTS S. Amendment No. 1 to the Professional Services Agreement with Anchor QEA, L.P., for Marina Park Biological and Environmental Monitoring Services Contract No. 3897 -H (CAP09 -0070) [381100 -20141 Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Anchor QEA, L.P. of Mission Viejo, California, at a not -to- exceed cost of $113,325.00, and authorize the Mayor and City Clerk to execute the Amendment. 9. First Amended and Restated Employment Agreement for City Clerk (C -4100) [38/100- 20141 Approve and authorize the Mayor and Deputy City Clerk to execute the First Amended and Restated Employment Agreement ( "Agreement ") for the City Clerk. E. MISCELLANEOUS 10. Planning Commission Agenda for March 6, 2014 [100 -2014] Receive and file. Volume 61 - Page 477 31 City of Newport Beach City Council Regular Meeting March 11, 2014 11. Initiate a Zoning Code Amendment to Modify A -Frame Sign Regulations [100 -20141 a) Find this action is exempt from the California Environmental Quality Act ( "CEQA') pursuant to Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Initiate an amendment to Title 20 to modify A -frame sign regulations. Motion by Mayor Pro Tem Selich, seconded by Council Member Council Member Curry, to approve the Consent Calendar, except the item removed (5). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Adopt Resolution Removing Existing Two -hour Parking Restrictions on West 16th Street from Babcock Street to Placentia Avenue [100 -20141 In response to Council Member Gardner's question, Public Works Director Webb presented background regarding how the parking restrictions would help businesses in the area and explained the current challenges. He reported that, after a review by staff, it is believed that parking will balance out for the area, but if it becomes a problem, staff can return to Council for a modification. Roger MacGregor, MacGregor Yacht Corporation, reported that people parking in the area are generally employees and that the two -hour limits are being widely disregarded. He expressed concerns with parking problems in the area, suggested increased monitoring by Code Enforcement, and stated that signage is very small and the situation is getting worse. Council Member Gardner believed that this is not the solution and suggested trying the 2 -hour parking limit with increased enforcement and encouraging businesses to figure out where their employees should park in order to have room for customer parking. Public Works Director Webb stated that staff can look further into the matter, but the challenge with limiting parking is that it would just displace parking. He reported that staff did a survey which received mixed results. Council Member Petros believed that this is the start of an appropriate and prudent step to remove restrictions to assess the "steady state" conditions and see where people want to go after everything settles down. Staff will then have an understanding of the real issues and fine tune the proper enforcement. Motion by Council Member Henn, seconded by Council Member Petros, to a) rescind Resolution No. 2009 -62; and b) adopt Resolution 2014 -21, A Resolution of the City Council of the City of Newport Beach Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2009 -62, for the removal of existing two (2) hour parking restriction on West 16th Street from Babcock Street to Placentia Avenue. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill Volume 61 - Page 478 32 City of Newport Beach City Council Regular Meeting March 11, 2014 XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Jim Mosher discussed efforts to protect residential lifestyle, including using the Environmental Quality Affairs Committee (EQAC), supplemented by the Greenlight amendment to the City Charter. He commented on past Council actions and believed that this Council will try to circumvent residents by wrapping several projects into a single yes /no Greenlight vote. He reported on the upcoming release of • ballot measure and also noted that there has been no direction from Council for EQAC to comment on • specific Environmental Impact Report (EIR) or an EIR related to the Airport Settlement Agreement. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported on a recent meeting of the Bicycle Master Plan Oversight Committee and listed items discussed. He added that comments are still being sought by the public, urged residents to become involved, and noted that the link to the Master Plan Map is available on the City's website. XVII. CONTINUED BUSINESS Mh 12. Balboa Pier Parking Rate Modification (to Comply with Coastal Development Permit No. 5 -13- 0506 to Install Automated Pay Stations); Corrections to Corona del Mar Parking Lot Rates [100 -20141 City Manager Kiff introduced the item, reported that the Coastal Commission does not intend to change the beach curfew, and indicated that they provided a statement, in writing, relative to this matter. Motion by Council Member Gardner, seconded by Mayor Pro Tem Selich, to adopt Resolution No. 2014 -16, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 2013 -33 to Modify the Parking Rates for the Balboa Pier Parking Lot and Correct the Holiday Rates for Corona del Mar State Beach Parking Lot, to: a) Modify the parking rates for Zone 29, Balboa Pier Parking Lot, for Memorial Day, Fourth of July and Labor Day to: Automobiles - $2.00/hour, $20.00 /day maximum Motorcycles - $1.25/hour, $12.50 /day maximum Recreational Vehicles - $2.00 /hour, $20 /day maximum, per parking space occupied Buses - 10 -24 passengers - $50 /flat rate; 25+ passengers - $100 /flat rate; b) Delegate authority to the City Manager to review and modify the Balboa Pier Parking Lot parking rates annually and that any fee increase or decrease shall be limited to no more than 25% per year and shall not exceed 50% over a 3 -year consecutive period; and c) Clarify the parking rates for Zone 30, Corona del Mar State Beach Parking Lot for Memorial Day, Fourth of July and Labor Day to: Automobiles - $25 /daily flat rate Motorcycles - $12.50 /daily flat rate Recreational Vehicles - $25.00 /daily flat rate per parking space occupied Buses - 10 -24 passengers - $50 /daily flat rate; 25+ passengers - $100 /daily flat rate Mayor Pro Tem Selich reported that the Coastal Commission is not actively asserting their right to regulate beach hours and noted that they are currently in negotiations with the City of Los Angeles regarding Venice Beach. Additionally, he discussed a pay -by -cell phone system and stated that it will be the wave of the future. Volume 61 - Page 479 33 City of Newport Beach City Council Regular Meeting March 11, 2014 XVIIl. Jim Mosher commented on the Coastal Commission's request for clarification whether holiday rates apply to the holiday weekend or just the holiday days. He added that the Resolution is clear about that, noted a typographical error, and requested clarification relative to the policy at Corona del Mar Beach. City Manager Yiff noted that holiday rates would apply only on the holiday day. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill 13. Newport Beach Golf Course Telecommunication Facility Permit (PA2013 -181) located at 3100 Irvine Avenue [100- 20141. Council Member Daigle recused herself due to potential economic interest. Community Development Director Brandt discussed changes made to the Ordinance, noted Council's direction that pending applications would be processed under the previous version, and added that this application was pending at the time and will be processed as directed by Council. She stated that, under the new zoning regulations, this type of application would be heard by the Planning Commission. Contract Planner Drasler provided the staff report and provided a description of the proposed project, location, surrounding land uses, specifications, support equipment, project plan, photo simulations, project design, conditions of approval, and recommendations. Discussion ensued regarding concerns that golf balls could damage sensitive equipment; however, it was noted that the pole is made of steal and that sensitive parts of the structure are covered and protected. Mayor Hill reported visiting the area and speaking with residents who indicated they have no problem with the facility. Council Member Petros commented on the size and scale of the equipment, noting that a previously approved faux eucalyptus on Irvine Avenue has much greater capacity for devices, yet the equipment box seems to be smaller. Contract Planner Drasler explained that the original application called for a larger cover but was adjusted so that the sides can be attached to existing posts versus where the netting is located. She added that the applicant indicated that they could consider co- locating with another carrier. Jim Mosher believed that the proposed pole would be regarded as obtrusive in another part of the City. He indicated that it is large and visible, commented on the findings needed to approve the Resolution, and referenced written comments which included a number of proposed alternatives. He pointed out that the proposed facility only serves Verizon. Motion by Council Member Petros, seconded by Council Member Henn, to adopt Resolution No. 2014 -24, A Resolution of the City Council of the City of Newport Beach Approving Telecommunications Permit No. TP2013 -008 for a Telecommunications Facility at 3100 Irvine Avenue (PA2013 -181): 1) Finding that the project is categorically exempt pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Section 15303 Class 3 (New Volume 61 - Page 480 34 City of Newport Beach City Council Regular Meeting March 11, 2014 Construction or Conversion of Small Structures); and 2) Approving a Telecommunications Permit, subject to findings and conditions of approval. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tern Selich, Mayor Hill Recused: Council Member Daigle 14. Ordinance No. 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code; Relating to Solid Waste Collection [100 -20141 Public Information Manager Finnigan provided a staff report, addressed issues related to solid waste collection, and highlighted proposed changes to the Municipal Code. Municipal Operations Co- Director Pisani addressed containers and bags, container storage and related issues, as well as proposed changes to the Municipal Code. He noted that containers are stable and that lids remain in place, solving issues with animals. In response to Council Member Curry's question relative to CR &R's previous statement that they would pick up anything, Municipal Operations Co- Director Pisani confirmed this and stated that this is not stated in the Ordinance but is in the contract. City Manager Kiff reported that currently green cuttings can be bundled and placed next to containers for pick up; however, with the new contract, it should be placed within the containers but can also be placed in a sturdy trash bag and placed next to containers. Council Member Henn stated that he supports that change and that one of the things Council hoped to accomplish was to improve City alleys and streetscapes. He expressed concerns with allowing people to place containers in alleys rather than on the side of their house and suggested adding a condition that residents need to demonstrate a reason why they would need to place their containers in the alley. Council Member Gardner reported that the Corona del Mar Residents Association did a survey regarding the matter and the results were mixed. She asked regarding placement for pickup and Municipal Operations Co- Director Pisani reported that, in alleyways, there will be semi- automated collection, and containers are to be placed eight feet from the property line. In response to a question from Council Member Daigle, Municipal Operations Co- Director Pisani reported that CR &R will take over all waste collection in the City starting March 31, 2014. He added that there should be a map on the City's website by next week showing the schedule and locations of the collection. Public Information Manager Finnigan reported that staff will do another large outreach letter before the start of service with a postcard reminder one week before container delivery. Council Member Petros expressed concerns that there is something in the contract that is not reflected in the Ordinance and stated he would be more comfortable if both the Ordinance and the contract spoke to the same item in terms of what can and cannot be placed out for collection. City Manager Kiff indicated that the Ordinance can be changed to reflect what is in the contract as well as reviewing the feasibility of alleyway parking. City Attorney Harp added that, with Council direction, staff could make changes, as recommended, and return for first reading at the next Council meeting. Volume 61 - Page 481 35 City of Newport Beach City Council Regular Meeting March 11, 2014 City Manager Kiff requested and received confirmation from Council that the direction would be for staff to return with the Ordinance mirroring what is in the contract in terms of the smaller, non- cartable items. Regarding storage of containers, he suggested adding language that, if the containers cannot be stored in the garage or side yard, it could be stored in the alleyway. Jim Mosher commented on the current Code not aligning with the contract. He commented on a brochure from CR &R and on the availability of large containers for construction materials /waste. He discussed recyclable options, noted what can be put out which is not addressed in the new Code, and stated that it does not address definitions nor different rules in the various parts of the City that are not served by the new contract with CR &R. Additionally, the Code does not address newspapers, magazines, or requirements and restrictions regarding allowable containers. Motion by Council Member Curry, seconded by Council Member Henn, to continue the item to the March 25, 2014, City Council meeting. The motion carried by the following roll call vote: �. Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill 15. Dolphin Deep Water Well Rehabilitation - Award of Contract No. 5633(A) (CAP14 -0037) (381100 -20141 Public Works Director Webb provided a staff report and offered to respond to questions from Council. Jim Mosher stated that he does not recall if it has been the practice to present Council with details of big ticket items and asked whether it is a new policy. Additionally, he asked how the water would be transported to the City from Fountain Valley. Council Member Henn noted that there is a dedicated water line to transport the water. City Manager Ki£f added that the aquifers are in Fountain Valley; therefore, that is the location of the well. Motion by Council Member Curry, seconded by Council Member Henn, to a) approve the project plans and specifications; b) approve Budget Amendment No 14BA -036 appropriating $513,920.00 from the unappropriated Water Fund to Account No. 7524- C6002015; c) award Contract No. 5633(A) to General Pump Company for the total bid amount of $436,370.00, and authorize the Mayor and the City Clerk to execute the contract; d) establish a contingency of $45,000.00 (approximately 10 %) to cover the cost of unforeseen work; and e) establish $32,550.00 for construction support and monitoring services. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill 16. Temporary Waiver of Building Plan Check, Building Construction Permit Fees and Other Related City Fees for Existing Single- Family Homes and Duplex Homes (PA2014 -027) (100 -20141 Community Development Director Brandt provided the staff report and addressed details of the proposed Dividend Program. Volume 61 - Page 482 36 City of Newport Beach City Council Regular Meeting March 11, 2014 Mayor Hill stated that this is an attempt to look at the City's current financial situation and future short -term needs, noting that, at this point in time, the City is adequately funded and wants to do something that would be appropriate to give back to the community. He reported that several alternatives were evaluated and that the proposal seemed to be the option that would benefit the entire community and provide incentives for homeowners to improve their properties. He pointed out that this would return to the City as increased property taxes and stimulation to the economy. Council Member Curry thanked the Mayor for developing the initiative, adding that it has been done in other cities, has served to spur economic growth, spurs neighborhood revitalization, and enhances property values. Council Member Gardner referenced General Plan efforts and commented on the issue of building a bigger home versus keeping a smaller home, noting that there are many in the community who do not want larger homes in the City. She expressed concerns that the item would reward a few people rather than the entire community. She indicated that she would like to see other ideas that would benefit the community as a whole. Council Member Daigle commented on revenues and expenses and the use of reserves for the common good. She reported that a fee has to be connected to a cost and stated that, if some do not pay the fees, the rest must subsidize the costs. She expressed concerns that the item benefits a few rather than the entire community. She agreed with giving back to the community, but would like to see the money applied towards something like infrastructure improvements. Motion by Council Member Curry, seconded by Council Member Henn, to a) find that the action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of CEQA; and b) adopt Resolution No. 2014 -25, A Resolution of the City Council of the City of Newport Beach Establishing "The Newport Dividend" by Temporarily Waiving Building Plan Check, Building Construction Permit Fees and Other Related City Fees to Promote Home Improvement and Beautification Projects. Jim Mosher agreed with Council Members Gardner and Daigle, adding that giving money back to the community is a good idea but that there are other ideas that would be more equitable than the proposal, such as reducing property taxes. Council Member Curry clarified the process for the collection and administration of property taxes Council Member Henn acknowledged that there is a fair amount of housing stock in his District that could benefit from remodeling or home improvement and hoped this initiative will help in that regard. Council Member Petros stated that he appreciates the notion of a dividend and providing back to the City, but expressed concerns with the narrow margin that the program will affect and asked if there is anything else that could affect a broader portion of Newport Beach residents. Council Member Curry pointed out the amount of money already being spent on infrastructure in the City this year and how that benefits everyone in the City. Mayor Hill reported that other alternatives were considered but many would have no affect on the economy. The motion carried by the following roll call vote: Volume 61 - Page 483 37 City of Newport Beach City Council Regular Meeting March 11, 2014 Ayes: Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Nays: Council Member Gardner, Council Member Daigle 17. Balboa Village Theatre - Lease Amendment, Contribution (C -3248) [381100 -2014] City Manager Kiff referenced the previous Study Session presentation, noting that Council Member Henn has a list of things that he thought should be included if Council approved the proposal in concept. Motion by Council Member Henn, seconded by Council Member Currv, to agree in concept to the Balboa Performing Arts Theatre Foundation's proposal, pending 1) rehabilitation of the building at a cost of $2 million to be paired with the Foundation raising $2 million of private money to be used for the operation of the facility under a lease with the City for a performing arts venue; 2) $2 million being raised and in the bank unencumbered; 3) completion of due diligence on the cost estimate to the City which would be supported by the Foundation obtaining preliminary plans and costs estimates as soon as possible for City staff to review and vet; 4) the provision of a professionally written, full scope business plan that Council would review and approve; 5) renegotiation of a lease with appropriate operational covenants; and 6) City to have right to name up to two members of the Foundation Board. W L Mayor Pro Tem Selich suggested having a professional peer review and placing a time limit on the item. Council Member Henn amended his motion to include: 1) a peer review of the business plan and 2) placing a time limit of six months for the Foundation to raise the money. Dr. Donald Hecht, Chairman of the Board for the Balboa Performing Arts Theatre Foundation, stated that the time limit should begin as soon as the matter received Council approval. Council Member Henn noted that the approval in concept would be granted tonight if adopted by Council. Following discussion, Council Member Henn amended his amended motion to change the time limit to December 31, 2014. Council Member Curry seconded the amended motion. In response to Jim Mosher's question, City Manager Kiff noted that there is no resolution for approval at this time. Jim Mosher suggested Council wait two weeks until a resolution is developed and expressed concerns with disposition of the money if the Foundation is not able to raise the funding. He commented on risks if the venture fails. Council Member Daigle emphasized that the business plan would need to be reviewed and approved by Council. Mayor Pro Tem Selich stated that it must be made clear that Council approval is conditional upon the fundraising and added that if the business plan or other conditions are not met, he would have no problem voting against the issue at the appropriate time. Dr. Donald Hecht stated that the Foundation intends to publish the conditions as approved by the City Council so there can be no misunderstandings. Volume 61 - Page 484 38 City of Newport Beach City Council Regular Meeting March 11, 2014 The amended motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Nays: Council Member Gardner 18. Agreement with Visit Newport Beach & Company (VNB) to Manage NBTV Programming and Operations (C -5762) [381100 -2014] Public Information Manager Finnigan referenced the staff report and summarized the City's goals with the proposed agreement, why the City has chosen to partner with Newport Beach & Company, and the terms of the agreement. City Manager Kiff added that staff believes it would be appropriate to bring the final agreement to Council. Council Member Gardner expressed concerns regarding the feasibility of the City Manager and his staff reviewing so much information. Additionally, she expressed concerns regarding someone editing Council meeting videos, the bulletin board procedure, and the need to clarify regarding existing policies on how committees can communicate. She asked about indemnity agreements and the type of controls to be implemented. Mayor Hill confirmed that those would be suggestions to staff as they develop the final agreement. Council Member Daigle commented on the Toshiba Golf Tournament and stated that the City could play a more active role in supporting the event. She inquired regarding the sponsorship component. Public Information Manager Finnigan reported that Newport Beach & Company would be responsible for obtaining sponsorships and the money would go back into the program to help increase production values. In response to Council Member Daigle's suggestion to have the agreement reviewed by outside counsel, City Attorney Harp indicated that the laws are straightforward and that review by outside counsel will not be necessary. Council Member Henn voiced his support of the proposal and that he sees a significant public governance benefit. Motion by Council Member Gardner, seconded by Council Member Curry, to approve, in concept, pending the return of a contract at a future City Council meeting. Jim Mosher believed that this matter deserved a Study Session review and stated that there are a number of firms and companies, besides Newport Beach & Company, that could provide this service. Additionally, he questioned why a Request for Proposal (RFP) was not prepared and commented on the need for clarity in terms of sponsorships. Council Member Gardner commented on programming, noting that it is being expanded for additional coverage. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill Volume 61 - Page 485 39 City of Newport Beach City Council Regular Meeting March 11, 2014 XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Recessed at 9:00 p.m. to Closed Session and reconvened at 9:26 p.m. with Council Member Henn absent. City Attorney Harp announced that no reportable actions were taken during Closed Session. The City Council meeting adjourned at 9:27 p.m. The agenda for the Regular Meeting was posted on the City's website, on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive on March 6, 2014, at 4:00 p.m. Recording Secretary Mavnr Volume 61 -Page 486 40