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HomeMy WebLinkAbout01/28/2014 - Study SessionCity Council Minutes Study Session January 28, 2014 — 5:00 p.m. I. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None 2. PROPOSED USES AT THE END OF THE NEWPORT PIER. [100 -2014] Building Manager /Chief Building Official Jurjis introduced the matter. Real Property Administrator Wooding provided a PowerPoint presentation addressing possible pier uses, pier configuration, possible reconfiguration options, examples of pier programming from other cities, possible Coastal Commission acceptance, recommendations and conditions to allow access to the pier at all times and possible options and Requests For Proposals (RFPs) moving forward. Council Member Gardner stated she was torn between doing something different or allowing a restaurant to occupy the space. Council Member Curry requested clarification regarding how restaurants are interested in the space. In response to Council Member Curry's inquiry on interest, Real Property Administrator Weeding reported that the Bluewater Grill is willing to submit a proposal and move in right away. They have a similar location in the City of Avalon that they have just completed and like the concept of being on the pier and creating an attraction for visitors. Council Member Curry stated he would like to make sure that whoever comes in is coming into it with their eyes wide open and comfortable with the economics of the transaction. Real Property Administrator Wooding confirmed for Council Member Henn that the Bluewater Grill understood it would involve refurbishment of the existing building. She additionally reported that they did not provide specific feedback regarding possible configurations to the building and that the matter would be vetted through the RFP process. Mayor Hill assumed that the ideal position would be that any tenant improvements would be their responsibility with Council's approval. Real Property Administrator Wooding noted that discussions at a previous Council meeting pertained to the City contributing to the improvements, particularly in light of the extent of Volume 61 - Page 424 City of Newport Beach City Council Study Session January 28, 2014 the improvements necessary. She added that may be the only way to increase tenant interest. The scope and scale would need to be identified. Mayor Hill asked what activity could be done without requiring Coastal Commission approval, Community Development Director Brandt reported that as long as the existing restaurant is being maintained, with tenant improvements just to the existing restaurant and without expansion in the footprint, staff feels that a Coastal Development Permit would not be needed and the process would be quicker. She addressed the purpose of the RFP process in identifying the scope and scale of the City's contribution to improvements. It would be a renovation to the existing building without increasing the existing footprint and addressed the potential costs of needed improvements. She added that the market would need to be tested if Council were interested in pursuing it. Council Member Petros stated he would be interested in seeing the proposal. He noted that at the last presentation, discussion pertained to possible structural problems including damage to the foundation; water damage and dry rot. Building Manager/Chief Building Official Jurjis reported that the building needs a lot of attention and that staff did cost estimates to deal with the necessary improvements as well as tenant improvements. In response to Council Member Henn's question, Building Manager /Chief Building Official Jurjis reported that it will take a significant amount of work and will depend on what the tenant would like to do to the building but they cannot demolish it. Council Member Gardner commented on the existing footprint and wondered whether the City can work with the tenant and incorporate some of the other ideas discussed. Mayor Pro Tom Selich stated that he is familiar with the Bluewater Grill's Avalon facility and commented on their success, Ile reported that the City of Seal Beach had unrealistic conditions in their first RFP and it made it difficult for restaurants to make a reasonable proposal but now they have quite a few proposals for consideration. He stated he would be in favor of testing the RFP process to review the responses. Mayor Hill expressed agreement and Council Member Henn commented on the possibility of Council reviewing the RFP before it is released. Mayor Pro Tom Solich suggested that staff review the first and second Seal Beach RFPs to see how they differed. Carter Harrington, Bluewater Grill, stated that management would like to make the restaurant an iconic destination and increase foot traffic on the pier, noting that it is presently underutilized. 3. CITY URBAN RUNOFF WATER QUALITY PROGRAM OVERVIEW. [100 -20141 Public Works Director Webb introduced the item noting this was initiated at the request of Council Members Gardner and Daigle who were interested in a holistic view of the City's Urban Water Program. He introduced colleagues who have worked on this program and provided a PowerPoint presentation addressing details of the Newport Beach Urban Runoff Water Quality Program including the program's various components, projects and efforts. He Volume 61 - Page 425 City of Newport Beach City Council Study Session January 28, 2014 addressed the National Pollutant Discharge Elimination System (NPDES) permit history and requirements, NPDES Construction and Municipal inspections, Commercial/Industrial facility inspections, Commercial/Industrial and Restaurant facility inspections, Program and Policy Oversight, the Newport Bay Watershed Executive Committee, the Newport Bay Watershed, Sediment Total Maximum Daily Loads (TMDL), Sediment TMDL Numeric Targets Compliance (currently in compliance and out of compliance), Sediment Loading to Newport Bay, Nutrient TMDL, examples of existing Natural Treatment Systems, Reduction in Nitrogen Loads, Reduced Algal Growth in Upper Newport Bay and Organochlorine Compounds TMDL. Public Works Director Webb continued the presentation with information regarding Fecal Indicator Bacteria (FIB) TMDL, locations of permanent FIB TMDL postings, current status of FIB TMDL, decrease in Bacteria Concentrations at Little Corona Beach and other constituents of concern including selenium, copper and trash. He addressed Selenium Hot Spots, Selenium in Big Canyon, Big Canyon Watershed, details of the Big Canyon Selenium Plan. At the request of Mayor Hill, Public Works Director Webb pointed out the location of the fish and wildlife wetlands. In response to Council Member Daigle's inquiry regarding selenium, Public Works Director Webb reported that if the water slows down, it converts to a problematic form of selenium and that even moving water has levels of selenium. In addition, be felt that Council Member Daigle's solution of keeping the water moving so it goes into the Bay is a good solution and commented on the requirements and needs for the various regulatory agencies, adding that speeding up the water would have an effect on habitat. Council Member Daigle commented on Fish and Wildlife investing in the habitat on their property. Public Works Director Webb addressed Copper TMDL and related issues and concerns; Continuous Deflective Separation Units to keep trash out of the Bay, Lower Harbor Trash Skimmers, the Santa Ana - Delhi Channel Trash Diversion and Low Flow Diversion Project, Buck Gully Restoration Project, Reef Point Infiltration Gallery, Annual Drainage System Cleaning, Sanitary Sewer Maintenance Program, Street Sweeping and Household Hazardous Waste Collection. Additionally, he addressed the City's Irrigation Runoff Reduction Program, its accomplishments and the yearly water savings since implementation. He presented information regarding Public Education and Community Outreach, Water Quality Capital Program Costs and Annual Water Quality Related Program Costs. Council Member Daigle referenced travelling tide pools and asked regarding the status of Marine Protection Areas (MPAs). Assistant City Engineer Stein reported that the City negotiated special protections with the State Water Quality Board in 2012 and that presently, the City is in a monitoring mode to see if there are constituents causing a problem to MPAs. The City will be monitoring in the next few years to see if sources can be identified,. As problems are identified, the City will attempt to solve them with emphasis on the Water Runoff Reduction Program and Infiltration. Recreation and Senior Services Director Detweiler addressed the traveling tide pool vehicle and reported that staff is working on retrofitting it and that the program should be running by the summer. She also reported that the City's Marine Protection Education staff is heavily involved in the matter as well as working at the County and State levels. Volume 61- Page 426 City of Newport Beach City Council Study Session January 28, 2014 Director of Public Works Webb presented. the Runoff Water Quality Report Card and addressed the status and goals for each of the categories and programs. Council Member Daigle reported doing research on the Upper Bay and recognized Council Member Gardner for her efforts as well as Dr. Skinner and City Manager Kiff. She reported that the first TMDL in California was the Upper Bay and hoped that at some point it will be delisted. Public Works Director Webb stated that staff is looking to get it delisted and noted work that is still needed in this regard. In response to Council Member Petros, Public Works Director Webb distinguished between various types of fecal material noting that one is not a disease -prone bacterium. Public Works Director Webb continued with the presentation addressing applicable reports noting that the Newport Bay water quality is very good. Jim Mosher commented positively on the presentation and the reduction of TMDLs. He asked regarding penalties of exceeding bacteria and not meeting the standard. Public Works Director Webb stated he does not know, but that the City works closely with the Regional Board showing that the City is working diligently to address the situation. The issue is addressed on a case -by -case basis. Council Member Gardner stated that the City has a lot to be proud of and has devoted a lot of money over the years to this issue. Mayor Hill suggested reducing the presentation to an "elevator speech" and to place it in the water bill so that the public knows the efforts and results. Council Member Daigle reported that Water Conservation Coordinator Shane Burckle developed a helpful brochure on water quality as well as energy that is presently on the City's website. Council Member Henn commented on the uniqueness and facts related specifically to the City noting challenges with showing comparisons and stated he believes the City would have high ranks, especially considering all of the areas it has to look after and noting this has been accomplished with a very small staff. Public Works Director Webb reported that the City encourages inland cities to be successful and stop trash so that it does not travel down to Newport Beach. 111. PUBLIC COMMENTS INCLUDING PUBLIC COMMENTS ABOUT ITEMS ON THE CLOSED SESSION AGENDA Barbara Peters commented on fire rings and a bill currently being considered in Sacramento. She urged Council to be proactive regarding what happens in the Senate and stated that it is important that the City relate its commitment to clean - burning fuels and public health. She commented on natural fire wood noting that it is similar to "clean coal' and it emits wood smoke which creates PM2.5 known to be cancer - causing. She felt there has been a failure of enforcement so far and commented on a recent forest fire over Big Corona. She urged Council to go to Sacramento when the hearings occur and comply with Rule 444. Volume 61 - Page 427 City of Newport Beach City Council Study Session January 28, 2014 Charles Farrell urged that Council not allow wood. burning until a safe solution can be found. He presented testimony regarding the harmful effects of wood - burning smoke including Class 1 carcinogens. He urged Council to stop the wood - burning in fire pits. Jim Mosher commented on Study and Closed Sessions in general and the way they are implemented and offered a suggestion. Additionally, he commented on no actions being taken during Study Sessions and stated that is not the case since staff is asking for Council direction and therefore, Council is making a decision. Cody Call inquired on the status of the salt marsh lands. Public Works Director Webb noted that the City has more than it needs and that the situation will be rectified. City Attorney Aaron Harp reported that Council will adjourn to Closed Session and read the items to be discussed as listed in the Closed Session agenda. IV. ADJOURNMENT - 6:16 p.m. The agenda for the Study Session was posted on January 23, 2014, at 4:00 p.m. on the City's website; on January 28, 2014, at 4:00 on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on January 23, 2014, at 4:00 in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. CCff" 1 Recording Secretary C, �r`z::K- Mayor City Clerk �& t. to U {/P RN1P Volume 61 - Page 428