HomeMy WebLinkAbout01 - MinutesJune 10, 2014
Agenda Item No. 1.
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
May 27, 2014
I. ROLL CALL - 4:00 p.m.
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
II. STUDY SESSION
SS1. Clarification of Items on the Consent Calendar - None
SS2. Lower Castaways Draft Concept Plan
Harbor Resources Manager Miller introduced the item and deferred to Harbor Commissioner
Girling for the presentation.
Harbor Commissioner Girling expressed his appreciation to Harbor Commissioners, Parks,
Beaches, and Recreation Commissioners, and staff for their contributions. He provided a
PowerPoint presentation, addressing land use considerations, summary conclusions, moving the
historical monument sign on Dover Drive, Harbor Commission goals and objectives, the vicinity
map, background, historical photos, surrounding uses, subject site, existing on -site uses, land use
regulations, the General Plan designation, zoning, CEQA considerations, access considerations,
easements, Marine Protected Area (MPA) issues, the Anchor QEA report, ideas from study
sessions, the preliminary plan, preliminary renderings, the timeline, and feedback from previous
meetings. He presented information on alternate dock locations, challenges, and next steps.
Mayor Hill commended the group for its work and efforts.
Council Member Henn noted that it will cost money to proceed with next steps and asked whether
funds have been incorporated into the budget. Public Works Director Webb reported that money
has been set aside in the Capital Improvements Program (CIP) to begin the work. He added that
$300,000 has been targeted to begin concept development and permitting.
Council Member Petros commented positively on the effort and especially liked that thought is
being given to sustainable building practices. He commented on the proposed grand staircase and
on changing bluff faces, and believed that a grand staircase might not be in keeping with the
existing natural setting.
Mayor Pro Tern Selich commented positively on the plan and commented on challenges with
access and making modifications to the bluffs.
Council Member Henn stated that he is in favor of moving forward and commented positively on
the concept. He added that, since the plan significantly expands public access, that may be
beneficial when being considered by the Coastal Commission.
Mayor Hill commented on the property being revenue - generating.
Former Mayor Don Webb complimented Council Member Gardner, Harbor Commissioner Girling,
and staff for its work on this matter. He believed that this provides a great opportunity for the
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City and commented on the importance of the stairway as it will improve connectivity between the
upper and lower levels. He noted that the area under the bridge is a bicycle pathway, many of the
Junior Lifeguard Program participants use it, and cautioned against reducing the pathway.
Commissioner Girling reported that bicycles use is a separate area which is not being proposed to
have any changes.
SS3. FY 14 -15 Proposed Budget and CIP
Capital Improvement Program (CIP)
Council Member Gardner recused herself from discussions regarding the Annual
Citywide Sidewalk, Curb and Gutter replacements and the Annual Citywide Street
Slurry Seal projects as some areas may be within 500 -feet of her home, and the Tot Lot
Resurfacing on Bayside Drive project since it is within 500 -feet of her home.
Council Member Daigle recused herself from the Eastbluff Bike Lane Construction since
the project is within 500 -feet of her home.
Council Member Henn recused himself from the Lido Fire Station Replacement, and the
Via Lido to 30th Street, Newport Boulevard/32nd Street, and the Newport Boulevard
Water Main Replacement - 19th to Channel Bridge, and the Food and Wine Festival [the
recusals, as previously stated at the May 13, 2014 Study Session, were due to, in some
cases, the location of his home or because of a consulting relationship he has with a
business in the Via Lido Plaza].
Council Member Petros recused himself from the Alley Pavement Replacement in
Newport Heights since it may be within 500 -feet of his home.
Mayor Hill recused himself from the Alley Pavement Replacement in Newport Heights,
the Newport Boulevard Regional Traffic Signal project, the Mariner's Mile Highway
Configuration and Land Use, Newport Boulevard Landscaping, Semeniuk Slough, and
the Turf Replacement/Irrigation Retrofits projects since he owns property within 500 -feet
of those projects.
City Manager Kiff introduced the item, noting that the budget is balanced and has a big Capital
Improvement investment as well as other positive elements. He addressed FY 2014 -2015 position
changes, Business Improvement Districts (BIDS), Council Discretionary Funds, and the 2014 -15
Tidelands budget.
Council Member Henn noted that the budget for Marina Park is not listed and that no expense
has been appropriated directly out of the Tidelands budget for Marina Park, but it is anticipated
that a repayment will occur. He hoped that it would be reported appropriately. City Manager
Kiff reported that it will be included in the final iteration of the budget for adoption.
In response to Mayor Pro Tem Selich's question, Public Works Director Webb noted that the
Balboa Island Seawall Project is programmed into the budget, but recognized the need to work
with staff to set the money aside. City Manager Kiff indicated that this can still be done with
Council direction.
Mayor Hill commented on the money being allocated to the Tidelands Fund from the General
Fund and spoke in support of showing funds for the Balboa Seawall Project.
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Council Member Henn commented on the funds spent for harbor dredging and cleanup in the last
year. City Manager Kiff reported that staff is working on a document that will look back on the
last three fiscal years relative to expenditures and sources of revenue, and will provide it to
Council at the next meeting. He also noted that the beginning fund balance incorporates previous
spending for the Lower Bay dredging and the Rhine Channel.
Council Member Gardner commented on the Harbor Capital Fund and asked whether the Seawall
Project qualifies and questioned if this is the right allocation. City Manager Kiff reported that
staff had envisioned that the Balboa Island Seawall Project would be paid through a variety of
sources, such as the Tidelands Fund. Council Member Henn agreed, but indicated it should also
be in the context of paying for the marina at Marina Park.
Special Event Funds
Council Member Gardner stated that ongoing operational support should not be seen as special
events, believing it should have its own budget line item and commented on a policy defining the
percentage contribution by the City. City Manager Kiff reported that staff reviews the requests to
ensure that funding is less than 25% of the total budget. Public Information Manager Finnigan
added that, if there were a request that came in at 25% or more of the total budget, staff would
lower the requested amount to 25 %.
Council Member Daigle expressed appreciation for efforts at increased transparency, but believed
that the current system could be further refined suggesting an electronic process in terms of
waiving fees. Regarding the Food and Wine Festival, she reported that the level of support is
higher, but that the waiver of City fees is also higher than other events as they rent the Civic
Center Green and Community Rooms. She added that they are essentially getting a fee waiver so
General Fund money can be allocated to different Departments for various fees.
Council Member Gardner noted that, of the special event requests, two received $15,000, one of
which was the Food and Wine Festival. She added that it is a newer event and there are older
events that have asked for more funding but their allocations were decreased.
Council Member Daigle noted that the level of fees for existing events is not as high and that what
is being proposed for the Food and Wine Festival is effectively a fee waiver.
Discussion followed regarding covering City permits and site rentals for the Food and Wine
Festival. City Manager Kiff acknowledged that it is a new event and stated it will be difficult to
know what the fees will be until the day of the event. Public Information Manager Finnigan
added that $15,000 will be for their Community Room use, the Civic Center Green, and the use of
City Hall parking for that weekend.
Council Member Daigle noted that they also have policing fees of $6,700 and a trash fee of $7,800.
In response to Mayor Pro Tem Selich's question, Public Information Manager Finnigan clarified
that the Library, Park and parking structure will still be open to the general public.
In terms of the total budget for special events, Council Member Petros pointed out that the City
will be allocating 15% more in total expenditures to the organizations this year compared to last
year. Council Member Daigle commented on the amount of surplus, adding that it does not need
to be a "zero sum game ".
In response to Mayor Hill's question, City Manager Kiff stated that Council has the prerogative to
add items.
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Council Member Curry stated that Council did a good job holding the line last year from the
previous year, particularly relative to organizations that have been long -time recipients. He noted
that the proposed increase totals approximately $40,000 from last year and suggested seeing how
the Food and Wine Festival turns out. He commented positively on staffs efforts and noted that
once someone gets on the list it is hard to cut them back. There are items that are long - standing
and important community functions, but indicated he is happy with the list as it is.
Stefanie Salem, President of NewBe Productions, asked to receive the full requested amount for
the Food and Wine Festival. She addressed features of the event and noted that it will promote
Newport Beach restaurants and local businesses, which will bring in visitors and tax dollars and
economic growth for the City. She added that 100% of the net proceeds will go to local charities.
Jim Walker, Newport Beach Restaurant Association (NBRA), commented on the importance of
Restaurant Week and expressed his appreciation to staff for trying to cut their expenses. In terms
of the NBRA BID, he understood that there would be a reduction of $20,000 in terms of costs to
the BID. However, he pointed out that $20,000 will be cut from the $40,000 they requested in
order to pay for that. He asked for consideration of $16,000 to help with Restaurant Week.
In response to Council Member Henn's and Mayor Pro Tern Selich's inquires on the BID's item,
City Manager Kiff discussed the costs, waiving of the costs, and agreed to provide Council with a
reconciliation prior to consideration at the Regular meeting. Discussion ensued regarding the
administrative costs and the $40,000.
Bernie Svalstad, Corona del Mar (CDM) BID compromised with staff and is seeking Council
approval of the recommendation as presented for the CDM BID. In addition, as a representative
of the CDM Chamber of Commerce, he recommends a $2,500 increase for the Christmas Walk
event.
Ed Trainor, Balboa Island Museum & Historical Society thanked Council for continued support,
provided a recap on the value of such support and requested Council approve the
recommendation.
Stacy Davis, Orange County Affiliate of Susan G. Komen Race for the Cure thanked Council for
their support and requested an increase of support to $5,000.
Matt Wiley, President of the Newport Elementary School Foundation, provided their requested
amount and staffs recommendation. He discussed the reliance on fundraising and thanked
Council for support.
Gregg Schwenk, Newport Beach Film Festival thanked Council for past and continued support of
the Festival. He addressed the upcoming 15 year anniversary and discussed future goals.
Jim Mosher spoke on the purpose of Special Event funding, discussed rejected applicants and
reasoning, and Council discretionary accounts.
City Manager Kiff concluded with the Budget Checklist noting that if Council has a change to
Special Events they would be added to the list and adopted all at once at the next meeting.
Council Member Gardner requested consideration of adding funding of the design of the CDM
Entryway Project at MacArthur. Public Works Director Webb indicated the design is in the
budget.
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In response to Mayor Pro Tern Selich's question on the Civic Center's tad year of the Sculptures in
the Park program, City Manager Kiff indicated he will specify the program in the Checklist.
Council Member Curry requested a description of the scope of the Big Canyon Reservoir
Maintenance Yard Project. Public Works Director discussed the location confirming it is money
needed in addition to the budget and it will be awarded next year.
Recreation Manager, Sean Levin responded to Council Member Daigle's inquiry on Special Events
trash fees sponsorship. He indicated trash is done through an outside vendor and is not a City
charge; therefore, the event could get a sponsor.
Council Member Curry commended staff and supports staff's recommendation
III. PUBLIC COMMENTS - None
City Attorney Harp announced that Council will adjourn to Closed Session to discuss the
items as listed in the Closed Session agenda and read the titles.
The City Council adjourned to Closed Session at 6:16 p.m.
IV. CLOSED SESSION
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 (LABEL); 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
Property: 209 Washington Street and 608 East Balboa Blvd., Newport Beach, CA 92661
Agency negotiator: Dave Kiff and Rob Houston
Negotiating parties: ExplorOcean
Under negotiation: Instruction to negotiator regarding price and terms of payment.
Property: 1499 Monrovia, Newport Beach, 92663; APN: 424 - 401 -14
Agency negotiator: Dave Kiff, City Manager
Negotiating parties: Kobe Inc., Andrea Fairchild, President
Under negotiation: Instruction to negotiator regarding price and terms of payment.
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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VII. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken.
IX PLEDGE OF ALLEGIANCE - Council Member Curry
X. INVOCATION - Reverend Melissa Rusler, Christ Church by the Sea
XI. PRESENTATION
Proclamation Proclaiming the Month of May as "Lupus Awareness Month" - Mayor Hill read
the proclamation and presented it to Bridget Hood of Lupus L.A. Ms. Hood provided testimony of her
experience with Lupus, listed common symptoms, provided contact information, and thanked the City
and City Council for the proclamation. Laurissa Nieto provided testimony of her experience with
Lupus.
XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
Council Member Gardner announced that the Corona del Mar 5K will be held on June 7, 2014, and I I encouraged residents to attend . V
Council Member Petros reported on a-reco me ng regarding possible locations for the West Newport
Community Center and thanked those who participated and shared their perspectives on the sites being
considered. Additionally, he reported on a recent Neighborhood Watch meeting at his home and
thanked the Newport Beach Police Department for their efforts in providing necessary resources. He
encouraged residents to learn about the issues and participate in the Neighborhood Watch program. He
reported on work being done by the Sanitation District, provided an update on the project, and
requested an update from staff regarding the schedule and the extent of the project.
Mayor Pro Tem Selich announced that the Balboa Island Parade will be held on June 1, 2014, at
11:00 a.m., discussed the theme, and invited residents to attend.
Council Member Daigle reported that the Fire Department and the Public Works Department offer
internships and encouraged those interested to apply. Additionally, she reported that the City's Fire
Department provides advanced life services and that one of their interns, Andrew Morales, who is a
pitcher for the University of California at Irvine, was recently named Big West Conference Pitcher of
the Year. Relative to the John Wayne Airport (JWA), she reported that the County of Orange has
released the Environmental Impact Report (EIR) for the proposed amendment of the Settlement
Agreement, addressed the purpose of the EIR, and reported it is available in the Library, as well as
online on the City's website. A community meeting will be held on May 28, 2014, in Tustin, at Hughes
Middle School. She encouraged residents to provide their comments. She added that the City's
preferred project is to protect and extend the noise -base curfew through 2035, addressed other City
preferences, and noted that the Settlement Agreement expires December 31, 2015.
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Council Member Henn announced a meeting of the Tidelands Management Committee on May 29,
2014, in the Community Center and reported that the agenda will be devoted to further consideration of
the Balboa Island Seawall Project.
Council Member Curry reported participating in the Field of Honor Ceremony, hosted by the Exchange
Club. Additionally, he reported celebrating Memorial Day with the Freedom Committee and
congratulated those on Balboa Island who organized the Art Walk.
)UV. PUBLIC COMMENTS ON CONSENT CALENDAR
Rick Heil, Manager of the Corona del Mar Farmers Market, thanked the community and the City for its
support and commended staff for their efforts in renegotiating the permits.
XV. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the May 13, 2014 Study Session and Regular Meeting [100 -20141
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
R ORDINANCE(S) FOR INTRODUCTION
3. Non - Exclusive Solid Waste Collection Franchise with Tierra Verde Industries, a
California Corporation [100 -20141
a) Adopt Resolution No. 2014 -41, A Resolution of the City Council of the City of Newport Beach
Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non - Exclusive
Solid Waste Franchise to Tierra Verde Industries, a California Corporation; b) direct the City
Clerk to publish Resolution No. 2014 -41 within 15 days of its adoption; and c) introduce
Ordinance No. 2014 -10, An Ordinance of the City Council of the City of Newport Beach Granting
a Non - exclusive Solid Waste Franchise to Tierra Verde Industries, a California Corporation, to
Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport
Beach, and pass to second reading on June 10, 2014.
C. RESOL UTION(S) FOR ADOPTION
4. Calling the November 4, 2014 General Municipal Election for City Council Seats
[391100 -20141
Adopt the following resolutions pertaining to the General Municipal Election scheduled for
Tuesday, November 4, 2014, pursuant to Section 1000 of the City Charter:
a) Adopt Resolution No. 2014 -42, A Resolution of the City Council of the City of Newport Beach,
California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held
on Tuesday, November 4, 2014, for the Election of Members of the City Council as Required by
the Provisions of the City Charter; b) adopt Resolution No. 2014 -43, A Resolution of the City
Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the
County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November
4, 2014, with the Statewide General Election to be Held on the Same Date Pursuant to Section
10403 of the Elections Code; and c) adopt Resolution 2014 -44, A Resolution of the City Council of
the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office
Pertaining to Candidate's Statements Submitted to the Voters at an Election to be Held on
Tuesday, November 4, 2014.
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D. CONTRACTS AND AGREEMENTS
5. Bristol Street Landscape Improvements - Completion and Acceptance of Contract
No. 4843 (CAP12 -0005) [381100 -2014]
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 this Council acceptance.
6. Revocable License Agreement between the City of Newport Beach and Rick Heil to
Operate the Corona del Mar Certified Farmers' Market Located at the Bayside Drive
Parking Lot, and a Request for a Rental Rate that is Below Fair Market Value
(C -4357) [381100 -2014]
a) Find this 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 the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly; b) approve a five -year license agreement with an annual rent of $3,600 per
year, as adjusted annually by the Consumer Price Index (CPI), which is below fair market
value, based on the findings contained in this staff report and in the attached Revocable License
Agreement, that charging less than fair market value promotes the City's goals to provide an
essential or unique service to the community that cannot otherwise be provided if full market
rates were charged; and c) approve a waiver of City Council Policy F -7 based on the findings
contained in this staff report and in the attached Revocable License Agreement, that converting
the property to another use or changing the licensee of the property would result in an excessive
vacancy, and authorize the City Manager or his /her designee to enter into an agreement with
Rick Heil.
Council Member Gardner recused herself from this item since she lives within 500 -feet
of the subject property.
7. Harbor Piers Maintenance Project - Award of Contract No. 5756 (CAP14 -0023) [38/100-
2014]
a) Approve the project plans and specifications; b) award Contract No. 5756 to Associated Pacific
Constructors for the Total Bid Price of $181,986.75 and authorize the Mayor and the City Clerk
to execute the contract; and c) establish an amount of $18,200.00 (approximately 10% of Total
Bid) to cover the cost of unforeseen work.
8. Approval of Professional Services Agreement with Iteris, Inc., for Traffic Signal
Modernization Project - Phase 8 (San Miguel Drive and Miscellaneous Locations)
(CAP15 -0021) (C -5832) [381100 -2014]
Approve a Professional Services Agreement with Iteris, Inc. (Iteris), of Santa Ana, for the design
of Phase 8 of the Traffic Signal Modernization Project at a not to exceed price of $171,825.00,
and authorize the Mayor and City Clerk to execute the Agreement.
E. MISCELLANEOUS
9. Planning Commission Agendas for the May 22, 2014 Study Session and Regular
Meeting [100 -2014]
Receive and file.
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10. Confirmation of Voting Delegate and Alternate for the 2014 League of California
Cities (LCC) Annual Conference - September 3 -5, 2014, in Los Angeles [100 -2014]
a) Designate Mayor Rush Hill as the City's Voting Delegate and Council Member Keith Curry as
the City's Alternate Voting Delegate at the Annual League Conference to be held from
September 3 -5, 2014, in Los Angeles; b) direct the City Clerk to complete and submit the League
designation form by Thursday, July 31, 2014; and c) authorize Mayor Rush Hill and/or Council
Member Keith Curry to attend the Annual League Conference pursuant to Charter Section 402
and City Council Policy F -8.
11. Dinghy Rack Rental Rate (C -5831) [381100 -2014]
Continue to the June 10, 2014 City Council meeting.
12. Proposed Land Use and Zoning Designations Amendments Located at 191 Riverside
Avenue (PA2013 -210) [100 -2014]
Staff recommends that this item be removed from calendar.
13. Set Public Hearing Date to Adopt Fiscal Year 2014 -15 Budget [100 -2014]
Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2014 -15 on
June 10, 2014, and direct the City Clerk to publish a notice of said hearing in accordance with
Section 1102 of the Newport Beach Charter.
Motion by Mayor Pro Tern Selich, seconded by Council Member Council Member Curry, to
approve the Consent Calendar, except for the items removed (14 and 15); and noting the continuance of
Item 11 and Council Member Gardner's recusal on Item 6.
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
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
14. West Newport Community Center Update [100 -2014]
Council Member Gardner reported attending various community meetings on this subject and
proposed eliminating the Superior Avenue /Pacific Coast Highway location for the West Newport
Community Center, stating there are many reasons that outweigh possible benefits, and would
eliminate wasting resources and time in its evaluation,
Council Member Petros expressed support for Council Member Gardner's proposal, adding that the
site would have merit if not for access challenges.
Mayor Pro Tom Selich suggested including the Road & Track property at 1499 Monrovia Avenue as
a site to study, and listed reasons why it would make an excellent site for a community center.
Council Member Daigle expressed support of Council Member Gardner's and Mayor Pro Tom
Selich's suggestions. She added that eliminating the Superior Avenue /Pacific Coast Highway
location would also reduce consultant costs.
Council Member Henn also expressed his support
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Assistant City Manager Badum utilized a PowerPoint presentation to discuss the background and
highlighted the community outreach. He provided information on the proposed programs,
preferable locations, outdoor amenities, indoor amenities, comments from participants, and
concerns regarding safety at Sunset Ridge Park.
In response to Council Member Petros' question, Recreation and Senior Services Director Detweiler
reported on the proposed swimming pool and demand, challenges with high school pools, and the
focus on recreational programs.
Motion by Council Member Gardner, seconded by Council Member Petros, to eliminate
Superior Avenue/Pacific Coast Highway site as consideration for the Community Center;
preliminarily study the 1499 Monrovia Avenue site; and direct staff to continue exploring ways to
improve pedestrian access in the Superior Avenue/Pacific Coast Highway area.
In response to Council Member Daigle's question, it was noted that no one has yet been retained for
the design of the project.
Mike Johnson expressed relief that Council has eliminated the Superior Avenue /Pacific Coast
Highway site from consideration. He commended Council and believed that including a play field
for sports leagues at 16th Street Park should be explored.
George Schroeder provided a PowerPoint presentation, addressing the results of his online poll,
parking and levels of service at Superior Avenue /Pacific Coast Highway, and traffic. He added that
there is a commitment by the City to fix Sunset Ridge Park, including adding more parking and a
pedestrian bridge. He agreed with Mayor Pro Tem Selich's suggestion to explore the Monrovia site,
as well as with the need for a large pool.
Lori Morris thanked Council for its support.
Jim Mosher expressed confusion with Mayor Pro Tern Selich's suggestion since the Closed Session
Agenda indicated that Council would be discussing the sale of that site. He believed it would be
premature to consider selling it.
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. Items for Future Study [100 -20141
Council Member Gardner noted that the Environmental Quality Affairs Citizens Advisory
Committee (EQAC) meets at the will of Council and stated that her intention was to allow EQAC to
meet, set objectives, and bring them before Council for consideration.
Motion by Council Member Gardner, seconded by Council Member Petros, to call a
meeting of EQAC in order to set objectives and bring those back to the City Council for approval.
Council Member Petros spoke in support of the suggestion, noting that the City is in the process of
developing sustainability measures and that would be a great place to have the measures vetted.
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
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XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Jim Mosher reported submitting written comments regarding the two BIDs that were disestablished
but have reemerged as Merchant Associations. He referenced the agreements and commented
positively on the requirement that they present a report to Council detailing how they have spent and
will spend the grant money.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn provided an update on the recent Balboa Village Advisory Committee (BVAC)
meeting and listed items considered on the agenda.
Council Member Daigle reported that the Orange County Vector Control District Board of Trustees will
begin a project on May 28, 2014, in Big Canyon to drop the water level and make it less inviting for
mosquitoes. She reported that, with staffs assistance, they have come up with a cost- effective
engineering solution.
Mayor Pro Tem Selich reported that the General Plan/Local Coastal Program Implementation
Committee will meet on May 28, 2014, in the Newport Coast Conference Room to continue discussions
on the Local Coastal Implementation Plan.
Mayor Hill commented on the Balboa Island Art Walk, noting it is a signature event for the community
and encouraged residents to attend in the future. He commented positively on the Field of Honor
Ceremony and reported attending a ceremony where ExplorOcean turned over a black- and -white photo
collection of the history of sailing and the City. He noted that the collection will be on display at
Sherman Library and Gardens. He also reported attending the Police Department promotions
ceremony. He added that the Police Chief also addressed the City's Core Values during the ceremony.
XIX. PUBLIC HEARINGS
16. Resolution No. 2014 -45: Renewal of the Newport Beach Restaurant Association Business
Improvement District (NBRA BID) for Fiscal Year 2014 -15 [100 -2014]
City Manager Kill introduced the item, listed necessary actions, and addressed the Newport Beach
Restaurant Association Business Improvement District (NBRA BID) original annual budget, the
revised budget, proposed City contributions, and FY 2013 -2014 City contributions.
Council Member Petros wondered if the NBRA BID is receiving the same funding to support their
programs in the past.
City Manager Kiff explained that they would have a net upside of $20,000 from what was originally
proposed.
Mayor Pro Tem Selich stated that the proposed budget change works for the Corona del Mar BID,
but not for the NBRA BID.
City Manager Kill reported that, as proposed, it would add $40,000 to the Corona del Mar BID
Council Member Henn clarified the calculations and it was noted that currently, the NBRA BID is
paying $10,000 for administration costs because the City is covering the accounting portion. Going
into the next fiscal year, they would be absorbing $40,000 in costs for administration and accounting
services.
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City Manager Kif£ clarified that now they will have no administrative costs as the City will incur
these costs and give them $20,000 instead of $40,000.
Mayor Hill noted that the net gain would be $20,000.
Jim Walker, NBRA, explained that the NBRA was not given the opportunity to put the proposal out
for a Request for Proposal (RFP). He believed that the City is giving them $40,000, but is also
taking it since the $40,000 has been cut to $20,000 but the City has also cut their budget by
$20,000. He expressed concerns that there is no longer the ability to use the funds for marketing.
He stated that the net result would be approximately $8,000 in gain.
Council Member Gardner noted that it may not be as big of a gain as desired, but it is a gain.
Mr. Walker discussed increased costs and expressed concerns that they were not allowed to go out
to bid on administrative and accounting functions and stated that to pay $20,000 a year for them is
ridiculous. He believed that the number was inflated.
Council Member Gardner noted that, in terms of the BID administrator, it is not simply about
writing a few checks but rather someone who will carry things through the City and will be the go-
to person.
Mr. Walker stated that the BID will take on part of the administrative duties and that the City will
be there to guide them. NBRA is looking to work with Visit Newport Beach (VNB) and commented
on the City billing them $20,000 for accounting functions. He added that they are struggling and
noted the need for funds for marketing and more consideration, requested an additional $10,000 for
promoting Restaurant Week, and stated that they will do their best to reduce costs.
Mayor Hill addressed the need to improve their collectibles and stated that City staff will be
assisting in that effort. Mr. Walker believed that the City does not have the level of enforcement
needed to verify the number of employees reported by BID members.
Council Member Gardner noted that there may be members that do not feel there is any value in
membership and suggested they look at ways in which memberships are structured in addition to
collectibles. Mr. Walker agreed with the need to redefine membership criteria and reestablish a
different BID fee structure.
In response to Council Member Daigle's questions regarding collection of delinquencies, City
Manager Kiff stated that it would be appropriate for the City to bill for those on a municipal service
statements on a bimonthly basis, noting that staff has been reluctant to apply more enforcement
tools.
Council Member Henn noted that it should not be a consideration at this point as staff has not
provided a concrete plan that will make a difference. He indicated that he favors allocating $10,000
more to NBRA to allow marketing efforts for Restaurant Week.
Motion by Council Member Henn, seconded by Council Member Gardner, to a) approve the
FY 2014 -2015 NBRA BID budget; b) adopt Resolution No. 2014 -45, A Resolution of the City Council
of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of July 1,
2014 to June 30, 2015 for the Newport Beach Restaurant Association Business Improvement District
(NBRA BID); and c) appoint the following to the NBRA BID Advisory Board of Directors for FY
2014 -2015:
Alexandra Robinson, Park Avenue Cafe
Cindy O'Shea, Whole Foods Market
Dan Miller, Village Inn
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City of Newport Beach
Study Session and Regular Meeting
May 27, 2014
Jim Walker, The Bungalow Restaurant
Joe Campbell, Ruby's Diner
John Robinson, Amelia Seafood & Italian Restaurant
Ronald Schwartz, Muldoon's Irish Pub
Sheri Drewry, Wilma's Patio
Stephen Joyce, Newport Beach Tennis Club
Mayor Hill opened the public hearing.
Jim Mosher commented on the assessment of a protest and asked whether the idea of the BIDS is of
value to the people of Newport Beach. He reported attending most of the meetings of the NBRA but
disagreed with the concept that it is the proper role of City government to be subsidizing private
businesses when the same support is not offered to other businesses in the City.
There being no further testimony, Mayor Hill closed the public hearing.
City Clerk Brown announced the opportunity to present protests. There being no protests, she
reported that there were no protests received at this time and she has not received any written
protest. OU Is
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
17. Resolution No. 2014 -46: Renewal of the Corona del Mar Business Improvement District
for Fiscal Year 2014 -2015 and Board Appointments for Fiscal Year 2014 -2015 [100 -20141
Public Information Specialist Locey introduced the item and presented recommendations as listed
in the report.
Motion by Council Member Gardner, seconded by Council Member Currv, to a) approve the
FY 2014 -15 Corona del Mar BID budget; b) adopt Resolution No. 2014 -46, A Resolution of the City
Council of the City of Newport Beach Confirming the Levying of Assessments for the Fiscal Year of
July 1, 2014 to June 30, 2014 for the Corona del Mar Business Improvement District (CdM BID); and
c) appoint the following to the Corona del Mar BID Advisory Board of Directors for FY 2014 -2015:
Bernie Svalstad, BPS Newport Financial
Keith Dawson, Dawson & Dawson
Jessica Prause, representing the Port Newport Theatre
Jim Walker, The Bungalow Restaurant
Karen Yould, Corona del Mar Florist
Scott Laidlaw, Laidlaw Schultz Architects
Shawn Lim, Rose Bakery.
Mayor Hill opened the public hearing.
City Clerk Brown announced the opportunity to present protests. There being no protests, she
reported that there were no protests received at this time and she has not received any written
protest.
There being no further testimony, Mayor Hill closed the public hearing.
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City of Newport Beach
Study Session and Regular Meeting
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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
18. AT &T Newport Center Telecommunication Facility Permit Located at 1600 Newport
Center Drive (PA2013 -225) [100 -2014]
Council Member Daigle recused herself from this item since she derives income from the
telecommunications industry.
Motion by Council Member Curry, seconded by Council Member Gardner, to continue the
item to the June 10, 2014, City Council meeting per the applicant's request.
Jim Mosher commented on the proposed project, noting that it is another proposal for a free-
standing undisguised pole. He believed that the City should ask the applicant to consider another
way of deploying the antennas so they are less intrusive.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Mayor Pro Tem Selich, Mayor Hill
Recused: Council Member Daigle
19. 2013 -2014 Citywide Slurry Seal Program — Award of Contract No. 5522 (CAP13 -0023)
[381100 -2014]
Mayor Hill and Council Member Petros recused themselves from voting on this item since
they own property within 500 -feet of the proposed project.
Public Works Director Webb provided a staff report and addressed the proposed vendor and contract
amounts. He added that the Newport Heights area will be included.
Motion by Council Member Curry, seconded by Council Member Gardner, to a) approve the
project drawings and specifications; and b) award Contract No. 5522 to American Asphalt South,
Inc., for the Total Bid Price of $520,200.00, and authorize the Mayor and the City Clerk to execute
the contract; and c) establish a contingency amount of $52,000.00 (10° /p) to cover the cost of
unforeseen work not included in the original contract.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Curry, Council Member Henn, Council
Member Daigle, Mayor Pro Tem Selich
Recused: Council Member Petros, Mayor Hill
XXI. MOTION FOR RECONSIDERATION - None
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City of Newport Beach
Study Session and Regular Meeting
May 27, 2014
3MI. ADJOURNMENT - 8:24 p.m.
The agenda for the Study Session, Closed Session, and 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 May 22, 2014, at
4:00 p.m.
City Clerk
Recording Secretary
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