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HomeMy WebLinkAboutSS3 - Early Look FY 2019/2020 CIP - CorrespondenceReceived After Agenda Printed March 12, 2019 Item No. SS3 From: SPON Dorothy Kraus To: Dept - City Council Cc: Juriis, Seimone; Webb, Dave (Public Works); Leung, Grace; Campbell, Jim; Brown, Leilani Subject: City Council Closed Session Item # II SS3. Capital Improvement Program (CIP) Early Look Date: Friday, March 08, 2019 3:22:45 PM Attachments: 08092016 - Study Session Reaular Meeting.pdf 02022019 - Special Meeting.pdf Dear Mayor Dixon and City Council Members, During public comments at the February 2, 2019 Special Planning session, and on behalf of SPON I requested that the 2016 West Newport -Mesa Streetscape Master Plan be included in 2019 planning. As you may recall from that discussion, several people from the audience and Mayor Dixon remarked that this plan had already been approved by a prior City Council. Please see August 9, 2016 City Council meeting minutes attached, Resolutions for Adoption, item # 7, on page 7 of the minutes that reflect this action. Additionally, the minutes (also attached) from the February 2, 2019 Special Planning meeting state the following on page 5: "Dorothy Kraus indicated that Stop Polluting Our Newport ( SPON) requests the City implement the 2016 Streetscape Master Plan this year and highlighted the SPON letter. Council Member Avery agreed that this needs to be looked at again. Mayor Dixon suggested doing something small and putting the rest in the General Plan process." However, there is no reference that I can find to the West Newport Streetscape Master Plan in the "Early Look - 2019/2020 Capital Improvement Program" presentation that you will be reviewing during Tuesday's Study Session. SPON would appreciate that you ensure that this is included in the final 2019/2020 CIP as directed by the Mayor and supported by Council Member Avery at the February 2 Special Planning meeting. Thank you. Sincerely, Dorothy Kraus Board of Directors SPON PO Box 102 1 Balboa Island, CA 92662 1 VM/Text 949.864.6616 SPONNB.ora I Facebook QSPONNB I YouTube Twitter &SPONNEWPORT I Instagram QSPONNEWPORT CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting August 9, 2016 I. ROLL CALL - 5:20 p.m. Present; Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tena. Muldoon, Mayor Dixon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Santa Ana Mountains to Sea National Monument [100-20161 Recreation and Senior Services Director Detweiler provided a PowerPoint presentation, explaining the purpose of the monument, the National Monument Designation, benefits of the designation, proposed monument locations, key elements of the bill, General Plan Land Use, unknowns, and next steps. Council Member Curry expressed pride in the dedication of open space in Orange County and indicated support for the effort. In response to questions and concerns from Council Member Peotter, Recreation and Senior Services Director Detweiler and City Manager Diff discussed control of the land and ramifications of the inclusion/exclusion of various elements. Council Member Petros spoke regarding The Irvine Company's pursuit for National Landmark Status for Limestone Canyon. He believed there would be no additional regulation, but could provide the opportunity for additional funding. He indicated support for seeking the designation. Jim Mosher questioned the collection of disparate pieces of the land. He discussed issues with the Upper Bay and need for periodic dredging. He suggested clarifying whether the natural monument would make it easier or more difficult to continue dredging. In response to Mayor Dixon's question, Recreation and Senior Services Director Detweiler stated the bill did not specify retention of the Upper Bay. City Manager Kiff noted dredging of the Upper Bay was not a City function. Dan Purcell opposed yielding any local control to the federal government. Council Member Peotter recommended removing Buck Gully and indicated he could hold community meetings to see if they agreed with doing that. Council Member Curry suggested inviting Congressman Royce or his staff and The Irvine Company to explain the bill. Mayor Dixon requested and received clarification that Buck Gully was currently designated as a National and California Natural Landmark. Volume 63 - Page 75 City of Newport Beach Study Session and Regular Meeting August 9, 2016 Mayor Dixon and Mayor Pro Tem Muldoon agreed with inviting the Congressman to address Council questions and concerns. Council Member Duffield discussed dredging of the Upper Bay and loss of waterways. In response to Mayor Dixon's questions, Council Member Duffield stated the Upper Bay was once used for waterskiing. City Manager Kiff noted the waterway was removed when the Department of Fish and Wildlife took over control of the Upper Bay, Council Member Peotter believed the proposal was for prestige. He indicated support for the Congressman and The Irvine Company commenting at a study session. SS3. Short -Term Lodgings (STLs) (100-20161 Community Development Director Brandt presented a PowerPoint presentation, outlining background information, regulations, how to get a short term lodging permit, map of lodging permits, concentrated areas, Balboa Island active permits, January 2016 Council Study Session, staff efforts, input, filling in the gaps on the Peninsula and West Newport, R-1 lot analysis, limitations on the number of permits, home sharing, new operational standards for consideration, other regulations, code enforcement, the internet effect, interactive map, the two - phased approach, and next steps. In response to Mayor Pro Tem Muldoon's question, Assistant City Attorney Torres explained discussions regarding online versus local operators. Mayor Pro Tem Muldoon suggested the minimum stay be three nights rather than four nights. He expressed concern regarding phasing out the grandfathered properties. City Manager Kiff reminded Council of the time constraints. He stated an additional study session would be held. Craig Batley discussed the impact to local businesses with reducing short term rentals. He suggested implementing a terms of use agreement to be signed by the tenant. He suggested inclusion of the Loud and Unruly Gathering Ordinance (LUGO) addendum and a phone number to a live operator to respond to questions. In response to Council questions, Mr. Batley stated one and two night stays were problematic. He believed four-day minimum stays would impact the revenue to the City, but supported a three-day minimum. He addressed the possibility of vacation rentals on the Peninsula. He expressed concern that removing the grandfathered properties would financially impact property owners. He stated the Peninsula was 77% rental properties_ George Schroeder believed a three-day minimum was a reasonable compromise for the Peninsula. He expressed concern about R-1 properties being utilized for short term rentals. He suggested short term rentals require signage with contact information. Aryan Diamond remarked on issues with short term rentals in the Newport Shores neighborhood. He agreed with phasing out the grandfathered properties. Kevin Tricell discussed his duplex property and short term rental. He proposed increasing fines and penalties for both tenants and landlords. He commended the Police Department on controlling issues. Volume 63 - Page 76 City of Newport Beach Study Session and Regular Meeting August 9, 2016 Kurt Christiansen spoke on historic vacation rental properties and believed that short term rentals decrease neighboring property values. Don Abrams offered thoughts on his vacation rental management company. He concurred with the staff recommendation, except the inclusion of a name on the rental sign. In addition, he noted his company required a 7 -day minimum stay, but 3 or 4 -days was adequate. City Manager Kiff encouraged additional comments be emailed to Community Development Director Brandt. Mayor Dixon thanked staff for the information and encouraged continued discussions. III. PUBLIC COMMENTS - None IV. CLOSED SESSION - 6:40 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, and Barbara Salvini, Human Resources Director; Negotiators. Employee Organizations: Newport Beach Police Association (NBPA). B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54955.9(d)(1)): 1 matter Jeff Herdman U. Leilani I. Brown., City of Newport Beach, et al. Orange County Superior Court Case No. 30-2016-00864124-CU-WM-CJC V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon VIII. CLOSED SESSION REPORT — None IX. PLEDGE OF ALLEGIANCE — Council Member Selich X. INVOCATION — Council Member Peotter XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS NON -DISCUSSION ITEMS Council Member Peotter presented a video announcing the new 16th Street Community Center. Volume 63 - Page 77 City of Newport Beach Study Session and Regular Meeting August 9, 2015 Council Member Curry congratulated Leadership Tomorrow on the Lobsterfest and the City Arts Commission for the Concert in the Green. Council Member Selich discussed the Rolling Stones tribute band concert and announced the Pacific Symphony Concert at the Civic Center Green on August 14, 2016. He spoke on the City Arts Commission Retreat on August 13 at which the public was invited to provide input on the Arts Master Plan. Mayor Pro Tem Muldoon stated he attended the Newport Citizens of the Year event. He discussed the Herdman v. Brown litigation. At Mayor Pro Tem Muldoon's request, City Clerk Brown explained her involvement in determining Mr. Herdman's eligibility to run for City Council and confirmed that the City Council had not been involved in the decision. Mayor Pro Tem Muldoon stated the City Clerk was simply doing her job and was not influenced by Council. Mayor Dixon noted the Fall recreation class registration was open. She announced the City's new shark education web page(newportbeachca.govlsharkeducation) and the upcoming Movie in the Park on August 26. She stated she would be attending the Concert on the Green and Green on the Green Eco Expo and Disaster Preparedness Expo. She reminded residents of the SR -91 lane closures. Mayor Dixon announced that Item 20 will be taken out of order and discussed next. XIX. CURRENT BUSINESS 20. Calling the November 8, 2016 General Municipal Election — Ballot Measure (continued from the Jury 26, 2016 City Council meeting) [100-20161 In response to Council Member Peotter's question, City Attorney Harp explained that the item was moved forward to allow any changes to be made prior to the end of the meeting. Nancy Skinner believed that this was a proposed solution looking for a problem and that it was unnecessary. Jeff Herdman stated he was initially in favor of the proposed tax initiative; however, he opposed the action since the addition of the Certificates of Participation (COP). He indicated this was a complex issue that should not be rushed. Jim Mosher suggested additional thought be given to both proposals and believed both issues should be reviewed by the Finance Committee. He believed that the ballot measure was not clearly written. Mayor Pro Tem Muldoon specified he was hoping to build a consensus at least for emergency situations. He proposed bifurcating the two issues. He suggested referring the COP issue to the Finance Committee for review, possible creation of an ordinance, having the issued voted on at the 2018 election, and moving forward with the tax initiative component. He reported that he is recommending that arguments be written by himself, Mayor Dixon, and Finance Committee Member Will O'Neill. Motion by Mayor Pro Tem Muldoon seconded by Council Member Petros, to a) bring the COP issue to the Finance Committee; b) bring back an ordinance relative to COPS that will sunset November 2018 after the item goes to a vote at the 2018 General Municipal Election; c) adopt Resolution No. 2016-70, 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 8, 2016 with the Statewide General Election to be Held on Volume 63 - Page 78 City of Newport Beach Study Session and Regular Meeting August 9, 2016 the Same Date Pursuant to California Elections Cade Section 10103 for the Purpose of Submitting a Proposed Charter Amendment; d) adopt Resolution No. 2016-71, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures, and Directing the City Attorney to Prepare an Impartial Analysis; e) adopt Resolution No. 2016-72, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to Voters at the General Municipal Election to be Held on Tuesday, November 8, 2016, Pursuant to California Elections Code Section 9285; f) designate Mayor Diane Dixon, Mayor Pro Tem Kevin Muldoon, and Finance Committee Member Will O'Neill to draft a Direct Argument for the ballot measure and any Rebuttal Argument; and g) determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly. Council Member Peotter requested that the maker of the motion and seconder of the motion also include himself and Carolyn Cavecche of the Orange County Taxpayers Association to draft the Direct Argument and Rebuttal Argument, if needed. Mayor Pro Tem Muldoon and Council Member Petros agreed to the request. Assistant City Attorney Torres reiterated the motion and explained the process for arguments and rebuttal arguments. Council Member Curry questioned the statement regarding City Council compensation. Assistant City Attorney Torres explained the Government Code provision requiring the statement. City Attorney Harp confirmed this was not imposing new regulations. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Nays: None Abstain: Council Member Curry XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Tom Meng indicated support for the Eastbluff Street restrictions (Item 3). David Moore expressed support for the adoption of the parking restrictions, and noted that Patricia and George Krosse were also in favor of the restriction. Paul Doremus stated the issues in the area were due to the expansion of the schools and lack of parking. He expressed frustration that his neighborhood was not offered permit parking. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1, Minutes for the July 26, 2016 Regular Meeting 1100-20161 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. Volume 63 - Page 79 City of Newport Beach Study Session and Regular Meeting August 9, 2016 ORDINANCE FOR INTRODUCTION Parking Restrictions - Corona del Mar High School Area [100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; b) Adopt amended Resolution No. 2016-99, A Resolution of the City Council of the City of Newport Beach, California, Establishing the North Side of Vista del Oro between Eastbluff Drive and Mar Vista Drive and the West Side of Mar Vista Drive between Domingo Drive and Vista del Oro as a "No Parking" Area; c) Adopt amended Resolution No. 2016-100, A Resolution of the City Council of the City of Newport Beach, California, Limiting the Parking of Vehicles on Arbutus Street, Aleppo Street, Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street; and d) Introduce Ordinance No. 2016-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection 12.68.060(C) of the Newport Beach Municipal Code to Establish a Residential Parking Permit Program for Arbutus Street, Aleppo Street, Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street, and pass to second reading on September 13, 2016. ORDINANCES FOR ADOPTION 4. Second Reading of Ordinance No. 2016-13 for Zoning Code Amendment No. CA2016-003 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) [100-2016] a) Addendum 1 to the previously certified Lido House Hotel Environmental Impact Report (SCH#20131110022) was adopted by the City Council on July 26, 2016, by Resolution No. 2016- 88 concluding that no new environmental impacts and no impacts of greater severity would result from approval of the Ordinance; and b) Conduct second reading and adopt Ordinance No. 2016-13, An Ordinance of the City Council of the City of Newport Beach, California, approving Zoning Code Amendment No. CA2016-003 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016- 061). 5. Second Reading of Ordinance No. 2016-14 Related to Change in Subsidies, Library and Parking Fines, and Updated Language for Installation Fee [100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2016-14, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, Section 12.16.020 Related to Parking Penalties, Subsection 14.12.010(B) Related to Water Service Fees, and Ratifying Existing Library Fines. Mayor Pro Tem Muldoon voted no on this item. RESOLUTIONS FOR ADOPTION 6. Newport Heights Stop Signs [100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-101, A Resolution of the City Council of the City of Newport Beach, California, to Post Stop Control on Gary Place, Powell Place, Aldean Place and Michael Place at their Intersections with 15th Street. Volume 63 - Page 80 City of Newport Beach Study Session and Regular Meeting August 9, 2016 7. West Newport Mesa Streetscape Master Plan (100-20.161 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-102, A Resolution of the City Council of the City of Newport Beach, California, Approving the West Newport Mesa Streetscape Master Plan (PA2015-138). City Manager Kiff announced that he is recusing himself because his partner has a business in the area. 8. Proposed Assessment District No. 114 and 114b — Area Bounded by Riverside Avenue, 15th Street, Irvine Avenue & Cliff Drive (100-20161 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302, item "d" of the CEQA Guidelines: "Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to undergrounding; ' b) Adopt amended Resolution No. 2016-103, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal Improvement Act of 1913 and Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection therewith, all Relating to the Formation of Assessment District No. 114 and 114b; c) Adopt amended Resolution No. 2016-104, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 114 and 114b; and d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine the City will not participate in the assessment balloting process for the Ensign View Park properties by neither casting a ballot in favor or against the assessment. Mayor Pro Tem Muldoon recused himself on this item because he does business with wireless telecommunication companies. Council Member Curry recused himself on this item because he is an AT&T stockholder. CONTRACTS AND AGREEMENTS 9. Annual Concrete Pavement Replacement Program — Notice of Completion of Contract No. 6304 (16R11) 1381100--20161 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project- (At the November 24, 2015 meeting, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301); b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful performance Bond one year after acceptance by the City Council. 10. Water Main Replacement at Goldenrod Avenue and Coast Highway - Notice of Completion of Contract No. 7010-1 (15W01) 1381100-20161 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (At the March 22, 2016 meeting, the project was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302); b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful performance Bond one year after acceptance by the City Council. Volume 63 - Page 81 City of Newport Beach Study Session and Regular Meeting August 9, 2016 11. Amendment to the Professional Services Agreement with Placeworks, Inc. (C-6393) for the Preparation of the Environmental Impact Report for the Proposed Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152) [38/100-2016] Continue. 12. Request for Policy Waiver to Install Private Improvements within the Public Right -of - Way at 300 Kings Place (C-8152-1) (N2016-0407) [38/100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 150303 of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; b) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow a 36 -inch high wood picket fence, a wooden entry gate, and appurtenances that encroach in excess of 1 -foot into the Kings Place right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owners and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. MISCELLANEOUS 13. Response to the OC Grand Jury- "Drones: Know Before You Fly" [100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the Mayor to send a response to the Presiding Judge, as amended. 14. Support for HR 3643 and HR 4745 Relating to the Interim Storage of Spent Nuclear Fuel from San Onofre Nuclear Generating Station (SONGS) [100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize Mayor Dixon to sign letters as part of the Concerned Coastal Communities Coalition in support of HR 3643 and HR 4745 relating to an interim site for storage of spent fuel rods from SONGS. Council Member Selich voted no on this item since he does not have enough information to make a determination. Council Member Petros recused himself on this item because his firm is involved with the decommissioning of SONGS. 15. Newport Beach & Company's 2017/2018 and 2018/2019 Destination Marketing Plan and Biennial Budget and the Newport Beach Tourism Business Improvement District's Fiscal Year 2016/2017 Annual Report and Budget (C-4961) [38/100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Authorize a waiver of the timelines provided in section 6 of the Agreement; c) Receive and file VNB's Biennial Marketing Plan; d) Review, approve and/or modify VNB's FY 2016/2017 and FY 2017/2018 budget; e) Review, approve and/or modify the NBTBID's FY 2016/2017 Annual Report; and f) Review, approve and/or modify the NBTBID's FY 2016/2017 budget. Council Member Duffield recused himself on this item because he does business with Visit Newport Beach. Volume 63 - Page 82 City of Newport Beach Study Session and Regular Meeting August 9, 2016 Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter'to approve the Consent Calendar; noting the recusal by Council Member Duffield on Item 15, recusals by Mayor Pro Tem Muldoon and Council Member Curry on Item 8, recusal by Council Member Petros on Item 14, and recusal by City Manager Kiff on Item 7; the no vote by Council Member Selich on Item 14 and the no vote by Mayor Pro Tenn Muldoon on Item 5; the continuance of Item 11; the amendments to Items 3, 8 and 13; and the clarification on Item 15. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon XV. ITEM REMOVED FROM THE CONSENT CALENDAR — None XVI. PUBLIC COMMENTS ON NON AGENDA ITEMS Terry Welsh, President of the Banning Ranch Conservancy, provided correspondence and an update on Banning Ranch, including the Coastal Commission's denial and their proposed plan. Jim Mosher addressed Council regarding the Southern California Gas Company's advanced meter program_ He stated the City Manager had signed an agreement with the Gas Company regarding meter placement and suggested the matter be discussed by the City Council. Dan Purcell believed Council had a fiduciary responsibility to know the future plan of The Irvine Company. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Selich stated the Local Coastal Plan would be heard by the California Coastal Commission at its September meeting_ XVIII. PUBLIC HEARINGS 16. Second Reading of Ordinance No. 2016-11 to Amend the Stakeholder Business Structure and Annual Assessment Levied for the Newport Beach Restaurant Association Business Improvement District [100-2016] Management Analyst Lacey presented the staff report. Motion by Council Member Curry, seconded by Council Member Petros, to a) determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) conduct a second reading and adopt Ordinance No. 2016-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach .Restaurant Association Business Improvement District, Mayor Dixon opened the public hearing. John DeFrenza, Crocker's the Well Dressed Frank, stated he was beginning to understand the intent of the Business Improvement District. He questioned why businesses had not paid their fees and did not understand the proposed fee structure. Volume 63 - Page 83 City of Newport Beach Study Session and Regular Meeting August 9, 2016 Ron Schwartz, Muldoon's Irish Pub, noted there had been no opposition to the proposed fee structure and urged Council to adopt the ordinance. Jim Mosher discussed the first reading of the ordinance and expressed concerns about the adoption of the ordinance and that the staff report did not clarify full service versus fast/casual service and the reason for omitting farmer's markets and gas stations. City Attorney Harp explained that gas stations and farmer's markets were not included in any of the categories. Hearing no further testimony, Mayor Dixon closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon 17. Ordinance to Waive Past Due Assessments and Associated Penalties for the Newport Beach Restaurant Association Business Improvement District [100-20161 City Manager Kiff recommended the public hearing be continued. Mayor Dixon opened the public hearing. Jim Mosher suggested the Advisory Board's recommendation be presented to Council. Hearing no further testimony, Mayor Dixon closed the public hearing. Motion by Council Member Peotter, seconded by Council Member Duffield, to continue the item indefinitely. In response to Mayor Dixon's question, Management Analyst Locey explained the BID'S original request was to forgive the past due fees. She stated staff needed additional time to review implementation for collection. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon XIX. CURRENT BUSINESS 18. Request for Policy Waiver to Install Private Improvements within the Grand Canal Public Right -of -Way at 119 Grand Canal {N2016-0375} 1100-20161 Public Works Director Webb stated staff recommended continuing the item in order to work with the applicant. Hart Wurner thanked the City for its interest in their project and requested a waiver for their patio. He explained ADA compliance efforts and discussed other patios on Grand Canal. He displayed a photograph of the proposed transition. In response to Council Member Selich's question, Mr. Wurner started he did not know about the recommendation. Public Works Director Webb stated it was necessary to further discuss the matter with Mr. Wurner. Mr. Wurner did not agree with any further delays. Volume 63 - Page 84 City of Newport Beach Study Session and Regular Meeting August 9, 2016 Motion by Council Member Selich, seconded by Council Member Petros, to continue the item to a future meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon 19. Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park 1100- 2016] Library Services Director Hetherton presented a PowerPoint presentation, explaining the Museum without Walls and funding sources. Council Member Selich indicated support for the proposal. Motion by Council Member Selich, seconded by Council Member, Petros, to a) determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) authorize Phases III and IV of the Civic Center Sculpture Garden exhibition, as suggested by the City Arts Commission. Council Member Peotter stated he was inclined to oppose the motion due to lack of private fundraising efforts, but would support it now with hopes that it would gradually be moved to the private sector. In response to Mayor Pro Tem Muldoon's question, Library Services Director Hetherton stated City Council Policy 1-13 funds were used for the project manager. Mayor Dixon discussed progress toward private funding and commended the City Arts Commission. The motion carried by the following roll call vote. Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon MOTION FOR RECONSIDERATION - None ADJOURNMENT - 8:36 p.m. The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on August 4, 2016, at 4:00 p.m. City Clerk Volume 63 - Page 85 r CITY OF NEWPORT BEACH City Council Minutes Planning Session (Special Meeting) February 2, 2019 I. Roll Call - 9:00 a.m. Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 9:06 a.m.), Mayor Pro Tem Will O'Neill, Mayor Diane Dixon Excused: Council Member Duffy Duffield Pledge of Allegiance - Council Member Avery II. Public Comments on Non -Agenda Items Dr. Anne Marie Fine (slides), Kathleen Hallal (slides), Vanessa Armstrong (slide), Jennifer Iralani, Katherine Young, Amanda Plunkett, and Nancy Gardner discussed research and issues surrounding the use of pesticides, expressed concerns with pesticides being used at parks and schools, encouraged the City to discontinue the use of pesticides and use organic herbicides instead, encouraged people to review the Dewayne Johnson vs. Monsanto Company lawsuit, and indicated a study was provided to former City Manager Kiff that could be provided to staff. Jim Mosher highlighted last year's strategies, expressed concern that Council's goals are not part of today's presentations, and believed one of those goals was to look at election reform during a non -election year. Bernie Svalstad, Chairman of the Corona del Mar Business Improvement District, discussed plans for the dolphin topiaries at Coast Highway and Marguerite Avenue. Hoiyin Ip discussed Santa Cruz's general plan update outreach process and suggested using polling technology to assist with gathering data. Council Member Muldoon indicated he received the emails concerning pesticides and will be asking staff to start using organic alternatives. Council Member Brenner stated that polling technology was used during the League of California Cities meetings she attended and encouraged the City to use the technology during the General Plan process. III. Update on Fiscal Issues City Manager Leung and Finance Director Matusiewicz provided a PowerPoint presentation outlining the FY 2017-18 General Fund (GF) results related to property tax, sales tax, and Transient Occupancy Tax (TOT), and discussed funding challenges associated with unfunded pension obligations, workers' compensation, and City infrastructure needs. Mayor Pro Tem O'Neill invited everyone to attend future Finance Committee meetings and discussed the City's contingency reserves, surplus funds, and additional pension payments. Mayor Dixon pointed out that only about 17% of property tax money comes back to the City, received confirmation that the Board of Equalization is still determining how sales tax will be distributed, noted the strain on staff relative to short term rental issues, and commended staff for paying its employee contribution, but noted shortfalls are paid by the GF. Volume 63 - Page 22 City of Newport Beach Planning Session (Special Meeting) February 2, 2018 Jim Mosher mentioned the discussion at the Planning Commission meeting relative to property value filtration, noted employees' salaries are increased to pay for their share of the contributions to retirement, which in turn means the City is still paying, and believed the open expenditure portal to view City checks has not been implemented. Dennis Baker complimented staff for its aggressiveness in receiving grants and hoped this continues. In response to Allan Beek's questions, Mayor Pro Tem O'Neill and Finance Director Matusiewicz explained the differences between the GF, restricted funds, enterprise funds, revenues from property taxes, sales taxes and TOTS, and the different types of revenues (non -spendable, restricted, committed, assigned, contingency, and surplus). Mayor Dixon added that these are cash flows into the City and there are rules and regulations to how they are kept in reserve. IV. Manairing Service Levels City Manager Leung reviewed service level considerations relative to enforcement, increased maintenance of public facilities, and maintaining service levels with rising demands. Using a PowerPoint presentation, Police Chief Lewis discussed a proposal and reasons to increase the current eight motorcycle officers to ten. Community Development Director Jurjis reviewed the results of the residential parking enforcement pilot program, the option to augment parking enforcement services with the existing vendor during peak times of the year, and proposed code enforcement changes. Assistant City Manager Jacobs reported on the success of having Code Enforcement Supervisor Cosylion in the Harbor Department, the concerns if he is removed from the Harbor due to his expertise, and noted Newport Beach Municipal Code Title 17 (Harbor Code) will be amended this year, which may require additional enforcement. Mayor Dixon suggested having the Finance Committee review the proposed code enforcement changes, but agreed that the City's annual visitors rate impacts City services. In response to Council questions regarding traffic enforcement, Police Chief Lewis reported that traffic safety is measured differently than crime statistics, provided information on how traffic safety funding occurs, clarified how traffic enforcement is distributed throughout the City, noted they also have an educational component to their service, and they have minimal code enforcement duties, depending on the type of enforcement needed. Council Member Avery pointed out the Newport Heights area is requesting additional traffic enforcement. Council Member Herdman expressed support for the Miring of additional traffic officers. Council Member Muldoon indicated that, unless the crime rate increases, he will not be supporting adding more traffic officers at this time. Regarding residential parking and code enforcement, Council Member Brenner expressed concern with increased enforcement since it appears that construction is forcing the residents to park illegally. Discussion ensued relative to whether the City wants to change the code enforcement model from reactive to proactive due to resident requests for more enforcement and the need for increased enforcement and education in the Harbor. Public Works Director Webb introduced Deputy Public Works Director Martin and utilized a PowerPoint presentation to discuss sidewalk public pressure washing and costs, the increase in need and demand for the service, what property owners are responsible for, and confirmed the budget level has remained constant for ten years. Council Member Muldoon expressed support for holding the line, but making adjustments for inflation. Council Member Herdman thanked staff for making the City look nice and requested no cutback in efforts. Volume 64 - Page 23 City of Newport Beach Planning Session (Special Meeting) February 2, 201$ Mayor Pro Tem O'Neill recused himself from cleaning service discussions since his law firm represents ABM. Utilizing a PowerPoint presentation, Public Works Director Webb highlighted the cleaning service and locations serviced, ongoing service issues, the use of staff resources to backfill service needs, staffing options, the need for increased services, and effects of wear and tear on facilities due to the transient population. Council Member Muldoon expressed support for combining or increasing the frequency of cleaning, but not adding in-house staff. Mayor Dixon indicated she would like to see a comparison of whether to conduct the service in-house or contract out the service. Council Member Avery noted the City needs to find a way to maintain its restrooms and sidewalks in a way that is welcoming. Dennis Baker discussed code enforcement issues associated with businesses hiring outside businesses to conduct pressure washing and suggested amending code enforcement hours to cover current off hours. Allan Beek explained why a restroom is needed at the end of the Peninsula, near the Wedge. Sandie Haskell believed Code Enforcement Supervisor Cosylion needs to return to his duties at City Hall and someone else should be trained to handle issues in the Harbor. Dorothy Kraus believed Code Enforcement Supervisor Cosylion should remain on the Harbor and the City should promote within or train someone to fill the supervisor role. regarding power washing, she pointed out the State is still in a drought and the City should continue to conserve water. Max Johnson suggested slightly increasing power washing in congested areas. Mel Beale expressed concern that the City does not have a regulation that limits the number of vehicles allowed to park at a residence at one time. Cheryl Laidlaw requested the City increase traffic and pedestrian safety at Superior Avenue and Coast Highway. Public Works Director Webb indicated the City is trying to have a pedestrian bridge built, Carol Lind requested power washing occur at least once a year at West Newport Park and improved cleaning service at the restroom located at Orange Street and Seashore Drive. Bernie Svalstad requested sidewalks in Corona del Mar be cleaned once a year. Public Works Director Webb noted the City currently conducts spot cleaning in Corona del Mar. Jim Mosher noted the Orange County Transportation Authority (OCTA) removed trash receptacles at bus stops, encouraged Council to receive public input before changing code enforcement to be proactive, expressed support for in -sourcing services due to the combination of Public Employees' Pension Reform Act (PEPRA) and prevailing wage requirements of City contracts, and asked how many traffic violations are being conducted by motorcycle officers compared to patrol car officers. V. Break Mayor Dixon recessed the meeting at 11:06 a.m. and reconvened the meeting at 11:14 a.m. Without objection, Item VII was taken out of order. VII. Current and Proposed Capital Projects Public Works Director Webb utilized a PowerPoint presentation for the entire portion of this discussion and displayed a booklet and a slide of current projects of interest. Volume 64 - Page 24 City of Newport Beach Planning Session (Special Meeting) February 2, 2018 City Attorney Harp announced that City Clerk Brown recused herself from discussions relative to the boardwalk due to real property interest conflicts. Regarding the Newport Pier/McFadden Square/Oceanfront Parking Lot/Boardwalk Upgrade, Public Works Director Webb discussed the last improvement in 1994, the general consensus to have a dual trail system on the boardwalk from 15th Street to 361h Street, possible improvements that can occur at McFadden Square with the restrooms, kiosk, surface, vehicle traffic, and boardwalk widening, and at the 151h Street restroom area. Mayor Dixon expressed support for looking into the improvements, but believed all of it does not need to be done at the same time. Mayor Pro Tem O'Neill requested staff look at moving the centennial sphere from McFadden Square to the Civic Center Park sculpture garden since it tends to cause a congestion issue. Council Member Brenner believed art should be placed throughout the City and not just at the Civic Center Park, but this larger discussion can be done at a later date. Regarding the Newport Boulevard entry landscape, Public Works Director Webb noted the medians do not have irrigation, believed it may need beautification enhancements, and reported the view of the corporate yard can also be improved. Council Members Avery and Brenner expressed support for upgrading the entries into the City. Public Works Director Webb noted the Old Newport Boulevard Business District is requesting improvements to Old Newport Boulevard, indicated this could be discussed during the General Plan Update process, stated the area is not in the Street Paving Master Plan, and suggested considering moving parking into the center of the street. Mayor Dixon and Council Member Muldoon expressed support for including this in the General Plan Update process. Mayor Pro Tem O'Neill suggested looking into using any surplus funds from the median project as a one-time expense to upgrade the City's entryway and using gas tax money to assist with paving Old Newport Boulevard. Council Member Herdman cautioned against completely changing the ambiance of the beach town. Council Member Avery noted businesses are investing in the Old Newport Boulevard area, so the City can encourage more growth by cleaning it up and making it more inviting to invest. Council Member Muldoon recused himself due to business interests related to undergrounding matters. Discussion ensued relative to possibly using undergrounding funds. Regarding the Santa Ana Avenue and Avon Street area, Council Member Avery believed improvements are needed due to safety reasons for pedestrians and bicyclists. Council Member Brenner requested to see what the public benefits are for all of the proposed projects discussed today. Regarding the Caltrans lot behind the A Restaurant, Public Works Director Webb reported the City is looking to purchasing it to offset parking. Regarding the Ocean Boulevard concrete street replacement at Carnation Avenue to Goldenrod Avenue, Council Member Brenner noted the construction on private property is impacting the area and emphasized the City should not lose its property or have it encroached on. Public Works Director Webb noted the City is working with the community and reported there may be a way to allow parking in the area. Council Member Herdman recused himself on Balboa Island drainage system discussions due to real property interests. Volume 64 - Page 25 City of Newport Beach Planning Session (Special Meeting) February 2, 2018 Public Works Director Webb discussed the Balboa Island drainage system issues, noted it needs an upgraded pump system, described the sub -terrain storm water pump station, and highlighted the proposed benefits and possible funding sources. Regarding the Newport Pier and restaurant at the end of the pier, Public Works Director Webb discussed the benefits and cost savings with moving the restaurant closer to shore or somewhere else near the pier, Mayor Dixon expressed support, noting the pier needs retrofitting. Council Member Muldoon suggested, if the restaurant is removed, to remove the center of the area so fisherman can use it for fishing. Council Member Brenner recused herself on the Orange Coast River Park discussions due to real property interest conflicts. City Manager Leung and Public Works Director Webb reported the Orange Coast River Park is requesting that each adjacent agency make a $20,000 contribution toward the development of the plan since their facilities tie into City facilities, and noted grants should be aligned with the budget process. Bob Wilson and Kristen Petros, Orange Coast River Park, provided a handout, indicated Newport Beach is the first city they have approached, noted the City provided some funding to hire a consultant for the vision plan, and this is the next step for the regional plan. Mayor Dixon indicated support for moving forward through the General Plan Update process and paying it back through grants, if received.. Council Member Muldoon recused himself from discussions regarding the Boys & Girls Club due to potential property interest conflicts and left the meeting at 11.58 a.m. Public Works Director Webb and Recreation and Senior Services Director Detweiler discussed the Boys & Girls Club fundraising efforts, the improvements at the Newport Beach facility and their lease, the potential to use this facility for City recreation uses, how the Newport -Mesa Unified School District (NMUSD) will be partnering with the Club, and other programs the City has assisted with financially, and estimated 95% of the children served at the facility are from Newport Beach. Mayor Dixon and Council Members Brenner, Avery and Herdman commended the Club and expressed support for providing assistance at a level to be determined at a later date. Regarding the Old Newport Boulevard. Business District, Rick Haskell discussed his investments in the area and the current state of the area, requested the City upgrade the area, and believed improvements would bring others in to the district. Dorothy Kraus indicated that Stop Polluting Our Newport (SPON) requests the City implement the 2016 Streetscape Master Plan this year and highlighted the SPON letter. Council Member Avery agreed that this needs to be looked at again. Mayor Dixon suggested doing something small and putting the rest in the General Plan process. Travis Whitten, Boys & Girls Club, described the larger project, noted $1.5 million will be invested into the Newport Beach facility, and reported they are already discussing recreation programs with City staff and leveraging the building during the day when the children are not there. He thanked the NMUSD for providing space to continue programming while the Club will be under construction. Tom Callister, Boys & Girls Club, discussed other benefits. the expansion of the sports activities, and the development of a teen program with the partnership of the NMUSD. Jim Mosher believed the Boys & Girls Club does not need City funding since they are raising private funds and also benefit from their lease agreement with the City. Volume 64 - Page 26 City of Newport Beach Planning Session (Special Meeting) February 2, 2018 Regarding the Santa Ana Avenue and Avon Street area, Max Johnson suggested enlarging or widening the crosswalk lines and installing flashing lights, improving bicycle access from Coast Highway, and providing lights, signage and a crosswalk at the Arches Bridge loop. VI. Update on Continuing Initiatives City Manager Leung reported that contracts will be coming to the City Council to provide enhanced social/work services to assist the homeless and look at ensuring ways to provide the safest, less polluting departures at John Wayne Airport (JWA). Mayor Dixon reported on her visit to Washington DC to discuss airport -related issues and discussions with Congressman Rouda and other Congressional delegates, the support of the Federal Aviation Administration's Reauthorization Bill, and Congressman Rouda and Congresswoman Napolitano's support of Newport Beach's efforts. She stated she is encouraged and will continue working with Congressman Rouda. Hoiyin Ip displayed a slide of the UNICEF Hunger Banquet she attended, described the outreach program, and suggested the City use UNICEF's outreach toolkit. Mayor Dixon thanked staff and the residents for attending the Planning Session and noted the budget process will be going before the Finance Committee and will ultimately come before the City Council for discussion and approval. VIII. Adiournment - 12:29 p.m. The special meeting agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on January 31, 2018, at 9:00 a.m. r r j, , PAM Leilani I. Brown City Clerk 14Wne 13. Dixon Mayor Volume 64 - Page 27