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HomeMy WebLinkAbout01/13/2015 - Study Session / Regular MeetingCity Council Minutes Study Session and Regular Meeting January 13, 2015 I. ROLL CALL - 3:30 p.m. II. Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon (arrived at 3:39 p.m.), Mayor Pro Tom Dixon, Mayor Selich SS1. Clarification of Items on the Consent Calendar - None SS2. Presentation from Newport Harbor High School Principal Sean Boulton — Continued to January 27, 2015 at Mr. Boulton's request. Prior to moving forward with the meeting, Mayor Selich explained the process for discussing items on the agenda. SS3. Recap and "Lessons Learned" from the Civic Center City Manager Kiff introduced the item and noted the availability of relevant documents on the City's website. Assistant City Manager Badum provided a brief history of the Civic Center and Park project noting it was a 15 -year process. He addressed Measure B, the Citizens Design Committee, design competition, consultant retained, the competitive bidding process, change orders and project costs. City Manager Kiff presented details of lessons learned from the project and where these have been implemented since. He addressed community outreach, public meetings and the Environmental Impact Report (EIR) and noted the need to develop better communication tools for increased community input. Additionally, he addressed Measure B, the design competition, the bid climate, process improvements during project construction and furnishings. Mayor Pro Tom Dixon commented on the process and managing a complex project. She indicated that in the future she would like to see an independent review of various project delivery alternatives prior to any major building effort, including an analysis of design and build processes. Council Member Curry reported that he led the opposition to Measure B and commented on the City Hall in the Park project, protecting public views, the Library, a community room, an emergency operations center and the parking structure as being things that the community asked for, as part of the public process, as well as their respective costs. He agreed with the need for a tight process going forward with major projects but disagreed with the need to spend money on an independent consultant to review the Civic Center. He thanked staff for the presentation and stated it is time to move forward to meet the other capital needs in the community. Volume 62 - Page 141 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Council Member Peotter commented on not wanting to repeat previous mistakes and noted items not in the report such as whether the finished product meets the community's need. He commented on the roof design, the expanded scope, project management and costs and stated that many critical questions were not addressed. He agreed with Mayor Pro Tem Dixon's suggestion to have an independent review of major projects and delivery alternatives going forward. Council Member Petros indicated it is prudent to have a review of work before it is undertaken. He added that moving forward there should be an outside review of the City's building practices to ensure that the City is being wise with its expenditures. He noted that the public had numerous opportunities to participate, that over 100 meetings were undertaken to develop the concept and that the final project reflects more of what the community wanted, with greater utility. He recommended that scheduling be considered in future evaluations. Council Member Duffield commended City Manager Kiff for the report and stated that the process, going forward, will be very productive. Mayor Selich reported that he was on the Building Committee that worked on the project, from inception, and noted that one of its tasks was to perform value engineering. W. R. Dildine commented on "design build" and noted that the City has come a long way and that construction costs money. He stated that the City should be proud of the Civic Center and commented positively on the workmanship. Jim Mosher spoke on Measure B and on the original plan and the Charter's language that requires the City Hall to contain all of the administrative offices in the City but noted that it does not. He commented on the need to achieve clearly written laws, public openness within any future Building Committee, and added that the public's business should be done in public. Denys Oberman expressed appreciation for City Council considering this matter in order to learn and create policies to move forward, responsibly, as a City. She agreed with the concept of having a third -party construction manager on future projects, but expressed concerns regarding how much C. W. Driver was paid as a third -party construction manager, how direction was provided and how their performance was evaluated. Additionally, she encouraged looking at assumptions made in the budget. Tim Stoaks commented on the project elements and costs, specifically, the design -build parking structure. He indicated that the City did not get a good value for its structures and suggested that a private consultant should be retained to audit the project costs. Laura Curran suggested that the City needs to do a better job at looking at facts and their implications. She listed information that would be useful to know but that is lacking in the financial analysis including project oversight. She urged City Council to work with staff in order to understand the full story. Mayor Selich commented on the need to give staff clear direction on this matter. City Manager Kiff summarized Council's intent to direct staff to return to Council with a review of construction and design approaches that can be used going forward including types of future projects and looking back at this project as an example of a construction manager at risk project. He added that staff will make every effort to implement a robust web page that answers any question raised to date and encouraged everyone to contact staff if they notice something unaddressed after the web page is functional. Volume 62 - Page 142 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Mayor Pro Tom Dixon added that consideration should be given to how the City manages multi- million dollar projects, key roles of outside contractors and how to avoid scope creep with an established starting budget. Council Member Curry agreed but noted that it needs to be done in the context of a future project in order to manage construction, limit design parameters and limit construction cost risks. Council Member Peotter suggested hiring an outside consultant to compare the costs and have staff return with a Request for Proposal (RFP) to delineate the scope with the goal of comparing actual costs versus industry standards and reviewing architect and contract performance. Council Member Petros stated that the City should move forward and that reviewing back costs will not provide any useful information but will be wasting resources. He agreed with the suggestion of, as the City goes forward with specific projects, having an additional layer of oversight and review. He stressed that this project is done and reported that Marina Park and Sunset Ridge Park are under budget and on time noting that this is not an epidemic of irresponsibility. Council Member Muldoon indicated that there is no need to spend more money on this, at this time. Council Member Duffield voiced support for Mayor Pro Tem Dixon's suggestion, if staff has the time. Mayor Selich stated agreement with Council Member Petros noting that the City will do better in the context of specific future projects. City Manager Kiff reiterated City Council direction to have an inside staff effort to provide the data requested by the public and Council Member Peotter and if not in terms of a specific project, staff would return to City Council with a broader recommendation /analysis. A focused analysis would be aligned with a specific project. Mayor Pro Tern Dixon confirmed City Manager Kiffs comments and suggested when details of a specific project are considered, staff will identify things that will be done differently. Council Member Curry stated that the way to have avoided scope creep on the Civic Center project was to say, "No" to residents when they asked for an emergency center, and to the Library Board when they want an expanded library, and to build lesser of a Park. SS4. Discussion of Tidelands Fund Issues, Framing a Tidelands Audit RFP City Manager Kiff introduced the item and deferred to staff for a report. Finance Director Matusiewicz provided a PowerPoint presentation addressing an overview of City Tidelands, oversight and administration, County Tidelands, a Tidelands Audit Request for Proposals (RFP), and how the revenues at the Balboa Yacht Basin and Beacon Bay are allocated. In response to an inquiry from Council Member Muldoon, City Manager Kiff reported that Harbor Resources costs are fully allocated as expenditures to Tidelands and noted that Beacon Bay is allocated to parcels A, B, C and D as defined in the Beacon Bay Bill. He added that allocation was generally decided internally and brought to City Council. Staff looks at revenue sources inside the boundaries that benefit the Tidelands. If a revenue source is outside, it would Volume 62 - Page 143 City of Newport Beach Study Session and Regular Meeting January 13, 2015 typically not be included unless there was a legal reason to do so and staff has not (to date) asked Council to expand that. Council Member Duffield reported meeting with the Finance Department and suggested taking more time before trying to spend money with an audit. He added there is more to the issue than numbers and that to get to a comprehensive audit, additional time is needed to obtain thorough information and to get greater education on the Tidelands. Council Member Curry stated appreciation for Council Member Duffield's approach and noted that a more thoughtful way to get the needed information is to go through this process which is less costly to citizens. In response to Council Member Curry's inquiry, Finance Director Matusiewicz reported that a report is submitted annually to the State Lands Commission. Matusiewicz had previously posted a list of questions requiring answers, and he suggested having staff answer the key questions, bring those back to the City Council, and allow the Council to decide what it would like to do further. Mayor Pro Tom Dixon suggested that staff does the internal review first and then Council will determine what needs to be done differently, if anything. Council Members Petros and Peotter agreed with that approach. City Manager Kiff reported that the matter will be presented to City Council in February. III. PUBLIC COMMENTS Roy Englebrecht commented on the results of the recent election noting that residents called for controlled spending, getting control of City salaries and overtime spending, and passing meaningful pension and benefit reform. He urged Team Newport to be fiscally responsible, be transparent and "walk the walk ". Jim Mosher commented on closed sessions, in general, including Charter requirements relative to City Council meetings and closed sessions. He addressed the Brown Act and hoped that Council Members would consider information that could and should be shared with the public, in open session. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION — 5:26 p.m. A. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager, Human Resources Director, Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). Volume 62 - Page 144 City of Newport Beach Study Session and Regular Meeting January 13, 2015 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters Woody's Group, Inc. u. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013- 00687091 California Court of Appeal Case No. G050155 City of Newport Beach u. Lido Partners, et al. Orange County Superior Court Case No. 30- 2014- 00715029- CU- OR -CJC Friends of the Fire Rings u. South Coast Air Quality Management District, et al. Orange County Superior Court Case No. 30- 2013 - 00690328- CU- WM -CXC V. RECESS VT. RECONVENED AT 7:10 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich VIII. CLOSED SESSION REPORT - City Attorney Harp reported that there are no reportable actions IX. PLEDGE OF ALLEGIANCE - Council Member Muldoon X. INVOCATION - Council Member Curry WN Mayor Selich wished everyone a Happy New Year and welcomed those in attendance. He thanked Council colleagues for selecting him as Mayor and announced Council's annual goal- setting session on Saturday, January 31, 2015, at the Newport Beach Civic Center's Community Room. Proclamation Honoring State Senator Mimi Walters Kate Randle and Ben Rejniak accepted a Proclamation on behalf of State Senator Mimi Walters presented by Mayor Selich, on behalf of the City. 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 Petros commended Public Works staff and the Newport -Mesa Unified School District for their work on placing the crossing guard at 16th and Irvine Avenue. He announced that he will host a meeting on January 28, 2015, at Newport Heights Elementary School regarding undergrounding utilities in the area and it will be held in the auditorium at 6:30 p.m. Additionally, he commented on increased interest on redevelopment in District 2 (west of Superior) and reported that the Zoning Code does not allow for some of the heights that would improve property values. Per Council Policy A -6, he asked that staff return to Council in the future with a Zoning amendment or overlay to consider new heights for residential projects west of Superior as well as appropriate setbacks for those new heights and other amenities. Volume 62 - Page 145 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Mayor Pro Tom Dixon announced that the Newport Beach Public Library will hold a media lab open house on January 15, 2015. Additionally, there is an on -going display of The Illustrated Courtroom, Famous Trials in Pictures at the Library. She announced that the Fire Department will hold a blood drive on January 26, 2015, from 9:00 a.m. to 3:00 p.m. in the Community Room, reported that the Spark of Love Toy Drive concluded over the holidays and that 10,000 gifts were received and distributed. In addition, she reported that the Fire Department has just implemented a new satellite -based dispatch system to send the closest available unit to a call, which should reduce response time. She reported attending a meeting of the Balboa Village Merchants Association and reminded residents of the Balboa Car Show, every Sunday, from 7:00 a.m. to 9:00 a.m. She announced the availability of the Balboa Village coupon book. Council Member Muldoon confirmed that residential and mooring issues will be on the next agenda. Council Member Curry noted that National Law Enforcement Appreciation Day was on January 9, 2015, and encouraged residents to take time to express their appreciation, now, more than ever. Mayor Selich reported attending the Sister City Annual Breakfast on December 11, 2014. On December 16th, the announcement was made that Newport Beach will be a Special Olympics "Host City" in 2015. Mayor Selich reported attending the Arts Foundation annual dinner on that date as well. Additionally, he attended the Boat Parade reception on December 17th and the Marina Park topping off ceremony on December 19th, along with Council Members Petros and Duffield. On December 21st, Mayor Selich reported attending an Eagle Scout Court of Honor, a Police Department Swearing in /Promotions Ceremony on January 5th, the OASIS monthly meeting with Mayor Pro Tem Dixon on January 9th and reported attending the OASIS pancake breakfast with his granddaughter, on January 10th. Per Council Policy A -6, he asked that the City Manager schedule an item that would allow for a discussion of a Corona del Mar By -Pass plan as part of the upcoming goal - setting session. Mayor Selich announced a meeting of Speak Up Newport in the Community Room on January 14, 2015, regarding State Route 73, tolling, and the Newport Coast Drive exit. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher commented on ways in which the Consent Calendar has been handled in the past. He referenced written comments that he submitted and highlighted Item No. 4 (Balboa Village Parking Management and Resident Parking Permit Program) and opined it has not received the careful review by Council and the public and recommended continuing the matter to a future meeting. City Manager Kiff requested continuing Item No. 3 (Junior Guard Nonresident Fee Reduction) indefinitely. Regarding Item No. 9 (Appointments by the Mayor to Council Committees, City Council Citizens Ad Hoc Committees, Joint Governmental Committees, and Citizens Advisory Committees), City Attorney Harp recommended confirming all appointments except for the Finance Committee until after Council considers Item No. 12 (Changes to the Finance Committee). XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the November 25, 2014 Study Session and Regular Meeting, and December 9, 2014 Regular Meeting [100 -2014] Waive reading of subject minutes, approve as amended, and order filed. Council Members Duffield, Peotter, and Muldoon abstained from voting on the November 25, 2014 Study Session and Regular Meeting Minutes. Volume 62 - Page 146 City of Newport Beach Study Session and Regular Meeting January 13, 2015 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR INTRODUCTION 3. Junior Guard Nonresident Fee Reduction [100 -20141 This item was continued indefinitely. C. ORDINANCES FOR ADOPTION 4. Balboa Village Parking Management and Resident Parking Permit Program (PA2014- 016) [100 -20141 a)_ Conduct second reading and adopt Ordinance No. 2014 -20, An Ordinance of the City Council of the City of Newport Beach Adopting Code Amendment No. CA2014 -001 Adopting the Balboa. Village Parking Management District Plan and Establishing the Balboa Village Parking Management Overlay District (PA2014 -016); b) Conduct second reading and adopt Ordinance No. 2014 -21, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44. 029 Relating to Parking Funds (PA2014 -016); and c) Conduct second reading and adopt Ordinance No. 2014 -22, An Ordinance of the City Council of the City of Newport Beach Amending Section, 12.44.040 of the Newport Beach Municipal Code Pertaining to On- Street Parking Meter Fees in Balboa Village (PA2014 -016). D. RESOLUTIONS FOR ADOPTION 5. Resolution Updating the List of Designated Employees for 2015 Under the City's Conflict of Interest Code 1100 -20141 Adopt Resolution No. 2015 -2, A Resolution of the City Council of the City of Newport Beach Adopting an Updated Designated Employees. List for 2015. 6. Adopt a Resolution Authorizing the Submission of Two Grant Applications to the Orange County Transportation Authority (OCTA) as part of their Arterial Pavement Management Program - Call for Projects (CAP15 -0006 and CAP15 -0007) [100 -20141 Adopt Resolution No. 2015 -3, A Resolution of the City Council of the City of Newport Beach Authorizing Application for Funds for the Arterial Pavement Management Program Funded with Regional Surface Transportation Program Funding Under the Moving Ahead for Progress in the 21sT Century Federal Transportation Act for the MacArthur Boulevard Rehabilitation from East Coast Highway to Bonita Canyon Drive Project. E. MISCELLANEOUS 7. Planning Commission Agendas and/or Action Reports for the December 4, 2014, and December 18, 2014 Meetings [100 -20141 Receive and file. 8. Confirmation of Appointment to the Corona del Mar Business Improvement District Advisory Board of Directors [100 -20141 Appoint Hamid Kianipur, representing the Corona del Mar 76 Service Station, as the ninth member to the CdM BID Advisory Board of Directors for the remainder of fiscal year (FY) 2014- 2015. Volume 62 - Page 147 City of Newport Beach Study Session and Regular Meeting January 13, 2015 9. Appointments by the Mayor to Council Committees, City Council Citizens Ad Hoc Committees, Joint Governmental Committees, and Citizens Advisory Committees [100- 20141 Confirm the Mayor's appointments as outlined in the staff report. Finance Committee appointments were continued to January 27, 2015. Motion by Mayor Pro Tom Dixon, seconded by Council Member Peotter, to approve the Consent Calendar; with the exception of Items 3 and 9 (only specific to the Finance Committee appointment only), and noting the abstentions to Item 1 as it relates to the November 25, 2014 Study Session and Regular Meeting Minutes by Council Members Duffield, Muldoon, and Peotter. Ms. Dixon noted that she had attended the meeting and reviewed the tapes for the November 25, 2014 meetings and was qualified to vote to approve the minutes for those meetings. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Diana Blaisure, Newport Citizens for Responsible Growth, expressed concerns regarding the proposed sports complex and amenities at Corona del Mar High School and provided an update on its status. Steve Ray, Executive Director of the Banning Ranch Conservancy, congratulated new Council Members and provided information regarding the Conservancy. He commented on the pending development plans, hoped that the Conservancy can engage in a dialogue with City Council and addressed the organization's mission and goals. Michael Glenn commented on Bay Island on the Peninsula noting that it recently went through a remodel of the seawalls and reported that the area needs dredging. Additionally, he commented on the leasing of the parking lot where the old Balboa Market used to be and suggested that City Council consider reviewing the lease and taking an alternative approach. Russell Niewiarowski referenced a letter he previously submitted and requested that the City consider amending the Newport Beach Municipal Code Section 12.40.055 relative to oversized vehicles being stored on the street. Additionally, he asked that Council establish a three -year limit on building permits. Jim Mosher commented on Council Members requesting items to be placed on agendas and referenced Council Policy A -6 noting that those items are required to be voted on in terms of establishing a majority interest in considering them. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Selich reported that the General Plan/Local Coastal Program Implementation Committee met last week but had to adjourn for lack of a quorum. He announced that the meeting will be rescheduled. City Manager Kiff addressed Council Policy A•6 and reported that at the December 9th meeting, several new Council Members had indicated they wanted certain issues to be brought forward. He reported that he took it upon himself to place those items on the agenda since he felt there was a consensus that those Volume 62 - Page 148 City of Newport Beach Study Session and Regular Meeting January 13, 2015 items be addressed. He reported that the two requests tonight will be agendized for the next meeting per Council Policy A -6 to see if the full Council would like to explore those matters. XIX. CURRENT BUSINESS 10. Ocean Boulevard and Marguerite Avenue Pavement Reconstruction - Award of Contract No. 5581 (CAP15 -0045) [381100 -20141 Public Works Director Webb provided a PowerPoint presentation addressing the subject area, existing conditions, concrete versus asphalt and recommendations. Motion by Council Member Petros, seconded by Council Member Currv, to a) approve the project plans and specifications; b) Award Contract No. 5581 to All American Asphalt for the total bid price of $1,098,098.00, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $110,000.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 15BA -024 transferring $20,000 from 7013- C2002077 (CdM Concrete Street Improvements Phase 1) to 7013- C2002074 (CdM Concrete Street Improvements Phase 2). Jim Mosher commented on concrete versus asphalt and stated that if concrete is better, the City should consider changing its asphalt streets to concrete. Howard Ahmanson inquired regarding the effects on traffic flow, parking and the timing of the project relative to his home on Ocean Boulevard. Roger Lockhart asked whether there has been a concurrent review of utility, water, and sewer lines under the street and whether these will need to be changed over the next 20 -30 years to ensure that the repairs of these lines are done prior to the concrete installation. Public Works Director Webb stated that staff has looked at the lines and reached out to utility companies and found that the lines have adequate life. There have been no requests from utilities for upgrades. He added that the City has both asphalt and concrete streets throughout and that the schedule for the proposed project will be 70 working days. He reported that the entire street is not done at one time, and that helps minimize the effects on traffic flow and parking. Further, the contractor will be distributing medium -term and short -term notices of pending work. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich 11. Authorization to Issue a Request for Proposals (RFP) for Legal and Financial Analysis Associated of the Tidelands Trust [100 -20141 City Manager Aiff requested continuing this matter based on discussions during the Study Session - Staff will report back to Council at its second meeting in February. Motion by Council Member Curry, seconded by Council Member Petros, to continue the item. Jim Mosher referenced Attachment F in the staff report and suggested that the City implement something similar going forward so that the public can see the legal advice that Council is receiving. The motion carried by the following roll call vote Volume 62 - Page 149 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich 12. Resolution No. 2015 -5: Changes to the Finance Committee (100 -20141 City Manager Kiff reported that Council's consideration at this time is to add citizen members to the Finance Committee and addressed the two membership paths to be considered. Mayor Selich provided details of the two paths. Council Member Peotter addressed the current membership policy and stated that he believes there is not enough transparency in City financial issues at this time. The intent is for the Finance Committee to meet in Council Chambers at 6:00 p.m. or 7:00 p.m. so that the public will have better access to it. He added that every Council Member should be represented by appointing a member of the public to represent him /her. He reported that a compromise was reached where up to three Council Members could appoint themselves but proposed instead that it be a citizens Committee with seven appointed members of the public to serve at the pleasure of each Council Member and not allow Council Members to serve on the Committee. He addressed the benefits of his proposal. Council Member Curry noted this is a good example of why violating Council Policy A -6 is not a good idea noting that this matter was presented without checking with the full Council, first. He stated he has no issue with having the Finance Committee meet in the evening. However, he expressed concerns with having Council Members appoint their own representatives to the Finance Committee. Motion by Council Member Currv, seconded by Council Member Petros, to adopt Resolution No. 2015 -5, A Resolution of the City Council of the City of Newport Beach Amending the Membership, Duties and Responsibilities of the Finance Committee, amending the time of the meeting and confirming the Mayor's appointment to the Finance Committee as listed in Item 9. Council Member Petros agreed with having the Finance Committee meet in the evening for increased citizen involvement but disagreed with having each Council Member appoint a representative because of possible ethical and legal issues and the concentration of power. Mayor Pro Tern Dixon stated it would be a positive thing to have citizen members be part of the Finance Committee. However, she stated she would like to keep three Council Members on the Committee to protect the public treasury. She added that four remaining members would be appointed according to Plan B and subject to Council confirmation. She stated it is a governance issue and that it is the responsibility of each Council Member to stay close to financial issues. She expressed concern with Council Member Peotter's proposal in that the appointed person may or may not agree with the appointing Council Member, and that there is limited accountability. Council Member Muldoon agreed with Mayor Pro Tem Dixon's suggestion. Council Member Duffield stated that Council Member Peotter's suggestion is a bold idea but that this is not the right time to implement it. He indicated support for Plan B. Council Member Curry stated that Plan B offers benefits and does not change the basic structure of the Committee. Amended motion by Council Member Curry, seconded by Council Member Petros, to adopt Resolution No. 2015 -5, A Resolution of the City Council of the City of Newport Beach Amending the Membership, Duties and Responsibilities of the Finance Committee, relating to modifying the Volume 62 - Page 150 City of Newport Beach Study Session and Regular Meeting January 13, 2015 membership, term, qualifications, purpose, and responsibilities of the Finance Committee, including Path B under "Membership" Jim Mosher commended Council Member Peotter for his concern about this issue and stated there would be merit to having an all- citizen Finance Committee. He added that would not be delegating responsibility as their role would be purely advisory. He stated he does not agree with the proposed plans as he believes that Council was given the necessary tools to govern the City in the City Charter and that it dictates how Council should set up an advisory board or commission. The Charter does not allow for "hybrid" committees and Mr. Mosher stated he would feel a lot more comfortable if the people were asked to amend the City Charter, accordingly. Howard Ahmanson commented on finance committees in non - profit organizations and in political campaigns but asked more about the role and duties of a Finance Committee for a city. Roger Lockhart stated that the Finance Committee needs people who can run a business and requested removing the requirement for a member to be a CFA or CPA. The amended motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Noes: Council Member Peotter Motion by Council Member Curry, seconded by Mayor Pro Tern Dixon, to continue the appointments to the Finance Committee to the January 27, 2015 City Council Meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich 13. Change to the City Councirs Invocation Policy (A -19) [100 -20141 Assistant City Attorney Torres presented details of the staff report Council Member Curry addressed the current practice as a civic consensus and commented on the importance of honoring that consensus. He expressed concerns that changes in the Policy will facilitate someone offering an invocation that could offend the larger community and, even as a person of faith, stated that he will oppose the item. Council Member Muldoon commented on the right to invoke the name a person believes is his /her Lord without persecution and stated his support of the item as proposed. Jim Mosher commended Council Member Curry for his wisdom and commented on Council Policy A- 6 and stated that religion is not something within Council's jurisdiction. He agreed with Council Member Curry that the City has a working system and suggested that if there is a problem, there should be a variety of solutions, not just one. Tom Billings indicated support of Council Member Muldoon's comments and the recent Supreme Court ruling. He noted that we are "one nation, under God" and that everyone has a right to share their beliefs. Council Member Peotter commented on the swearing in ceremony, last month. He added that he was surprised that the City has a Policy on what can and cannot be said in prayer, that his intent was to bring the City into compliance and that this is a liberty and freedom issue. Volume 62 - Page 151 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Council Member Petros stated he is a man of faith and hoped that the way one lives is a better demonstration of faith than mere words. He commented on appropriate and inappropriate times to talk about faith and noted this is a house of governance. He added that religious liberty is for all religions and that he would like to concern himself with the people's business while in the house of governance. He stated he will not support the recommended action. Mayor Selich indicated he will not support the item. Motion by Council Member Peotter, seconded by Council Member Muldoon, to adopt Resolution No. 2015 -4, A Resolution of the City Council of the City of Newport Beach Adopting a Revised City Council Policy Regarding Invocations (City Council Policy A -19) at City of Newport Beach ("City ") meetings. The motion failed by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Muldoon Noes: Council Member Petros, Council Member Curry, Mayor Pro Tern Dixon, Mayor Selich 14, Fire Rings in Newport Beach: Compliance with AQMD Rule 444 and Intended Compliance with the California Coastal Act f100 -20141 City Manager Kiff introduced the item noting that at this time, Council will review compliance with Air Quality Management District (AQMD) Rule 444 and the Coastal Commission's requirements. He referenced a letter from the Coastal Commission indicating that Commission staff believes a Coastal Development Permit (CDP) is required for the interim and permanent plans. He addressed details of recommended actions including the interim plan, existing fire rings, charcoal and wood - fueled rings, spacing of rings, definition of a "contiguous beach area ", and the permanent plan including the introduction of two new areas for fire rings (at the Newport Pier and the Newport Dunes). Council Member Peotter reported that his goal is to fulfill a campaign promise but noted challenges with the AQMD and the Coastal Commission. He spoke against using charcoal in the fire rings and stated that Rule 444 is arbitrary and not science - based. While the proposed layouts are not perfect, he indicated they work well in complying with the rules and allowing people to burn wood in the fire rings. Mayor Pro Tem Dixon noted that the layout is not set in stone and in response to her inquiry, City Manager Mff stated that the layout could be modified to expand the distance between fire rings and place them in a single line. Council Member Muldoon commended staff for the proposal and residents for supporting the right to have wood- burning fire rings. In response to inquiries from Council Member Curry, City Manager Kiff addressed the costs of having a mix of fire rings, some designated for charcoal and others for wood. He stated that the most - costly plans to supervise are those that mix the rings. He added that an all wood plan would be the least - costly to implement. He commented on beach attendance related to wood- and charcoal - burning fire rings and reported that input was received from residents regarding the impacts of charcoal versus wood fire rings. Additionally, he reported that he hasn't heard much in terms of calls or e -mails from residents regarding charcoal versus wood. Mayor Selich reported he has been contacted by people representing different points of view on the issue. Volume 62 - Page 152 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Frank Peters provided a PowerPoint presentation regarding the issues related to wood smoke. He discussed the smell of a wood fire and harmful carcinogens, and how lighter fluid complies with the South Coast Air Quality Management District Rule 1174 and is not harmful. He added that healthy lifestyles demand a smoke -free environment, and although smoking is not allowed on City beaches, a single wood - burning fire ring equates to burning approximately 800 cigarettes. He addressed those most - adversely affected and commented on PM2.5 emitted by burning wood, noting that it is a Group 1 carcinogen. Mr. Peters asserted that bringing back the wood - burning rings is an unethical approach. Doug Swardstrom, Friends of the Fire Rings, commented on his family's love of the fire rings and thanked Council Member Peotter and City Manager Kiff for their leadership in this matter. He spoke positively on the proposed plans and commented on the community support for keeping the fire rings. He agreed with the solution developed by staff and noted that having charcoal -only fire rings discourages people from using them because of the different experience and the high costs to purchase charcoal. He asked that City Council direct staff to repeal the charcoal -only Ordinance and adopt the new plan that maintains the sixty wood - burning fire rings. Charles Farrell spoke regarding the proximity of fire rings to his home and noted that the amount of wood smoke to which they are exposed is overwhelming and dangerous. He added that the impact of the smoke is cumulative and impossible to acclimate to. Additionally, he noted that no fire rings were proposed near Newport Elementary School for a specific reason, and stated that protection from wood -smoke is a moral and ethical matter. He spoke in opposition to the proposed plan and urged the City to leave the charcoal -only burning fire rings alone. Julie Sandercock, resident of Huntington Beach but a local beach volleyball player, spoke in support of changing the wood- burning fire rings to charcoal and commented on the health hazards related to wood - burning fire rings. She noted that wood smoke is twelve times more carcinogenic than cigarette smoke and commented on City Council's responsibility to protect the public's health. Tom Billings claimed that the majority of residents in the City support the fire rings and spoke in support of the proposed plan adding that it is a good compromise. He alleged that the AQMD rule is a political maneuver and hoped that Team Newport will follow through with its campaign promises. Assemblyman Travis Allen commented on his belief that government is too big in California and there are too many things interfering with citizens' lives and freedoms. He commented on his resolution, ACR52, in support of fire rings in the State. He thanked City Council for reconsidering this matter and developing the recommended plans. Roy Englebrecht commented on public comments received by the Parks, Beaches and Recreation Commission as well as City Council regarding this matter. He asserted this has been the biggest embarrassment for the City and that the prior City Council's decision to remove all fire rings was one of the worst decisions made. He spoke in support of having wood - burning fire rings, again, in the community. Elizabeth Shafer reported that she suffers from asthma and that wood smoke is one of her triggers. She commented on the number of times she has gone to the emergency room after wood smoke exposure and noted she is limited in her ability to enjoy the beach. She added that there are many residents who suffer from health issues related to wood smoke and that the City Council should protect them. Kurt Wiese, General Counsel of the SCAQMD, reported that the interim and permanent plans, as presented, will comply with Rule 444. But, the intermediate step between the interim and final plans requiring an interpretation that beaches at Big Corona and the Balboa Pier are not contiguous, will not comply with Rule 444 and he explained same. He added that the interim and Volume 62 - Page 153 City of Newport Beach Study Session and Regular Meeting January 13, 2015 permanent plans can be implemented without taking that intermediate step and stated that he would be happy to work with City Manager Kiff to ensure compliance. Council Member Petros noted the definition of "contiguous" and noted that the jetty separates the two beaches therefore, making them non - contiguous to him. Mr. Wiese reported that the contiguous requirement was designed to address a particular situation in Los Angeles County (at Dockweiler and Cabrillo Beaches). He apologized for any confusion caused and reiterated his willingness to work with City Manager Kiff on this matter. In response to Council Member Peotter's question regarding the channel being in a different jurisdiction, Mr. Wiese stated he would be happy to review that further with the staff. Tom Sweatt congratulated Team Newport for winning the election and commented on his family's history in the city. He alleged that the removal of wood- burning was about deceit and control and stated there is no proof of respiratory deaths in connection with wood- burning fire rings. Additionally, he asserted there is less fire -ring use with charcoal and spoke in support of wood - burning fire rings. Barbara Peters stated that City Manager Kiff reported that the City had not received any resident complaint regarding the use of charcoal. She commented on the Friends of the Fire Rings and on donations received by them from Mr. Ahmanson and on their activities. She added that a public health issue has been turned into a political circus and spoke in opposition to bringing back wood - burning fire rings. Additionally, Ms. Peters read a letter from Karen Tringali, President of the Corona del Mar Residents Association, regarding the importance of transparency and asking that City Council delay acting on this matter and direct staff to conduct a thorough outreach effort to determine a course of action enhancing the community's desired quality of life. John Fossen spoke in support of retaining wood - burning fire rings. An individual spoke in opposition to the proposed plans and against returning to wood - burning fire rings. She believed it would be a step backwards and commented on the dangers of wood smoke on public health. She added that it is irresponsible to knowingly expose the public to cancer and spoke regarding the improvements to air quality by changing to charcoal. She commented on the smoking ban and noted that going back to wood- burning fire rings does not make sense. Nancy Skinner stated she has difficulty understanding why City Council would not pay attention to the people whose health is negatively affected by wood- burning fire rings and complimented the previous City Council for their decision to change them to charcoal. She commented on the importance of people's health and urged Council to oppose the proposed plan. Ed O'Neil spoke in opposition to the proposed plan and in support of charcoal- burning fire rings. He added that a lot of his and his wife's health issues have dissipated and felt that City Council should leave things the way they are, adding that the public's health should come first. Suzanne Sandmeyer stated she is shocked and embarrassed that the City is discussing this issue once again. She asserted that the scientific evidence in opposition to wood - burning smoke is clear and that it was behind the City's decision for a smoke -free environment. She urged City Council to consider that this is an issue about public health. Michael Withrow, Placentia, commented on the smoke from area brush fires and how that compares in scale to wood - burning fire rings and urged the City Council to approve the proposed plan. Volume 62 - Page 154 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Michael Glenn asserted that residents who live near fire rings do not believe they are a problem as there are almost no vacant rentals available and the people who rent have the ability to leave but don't. He spoke in support of the proposed plan and urged City Council to approve it. Charles Heinsen spoke in support of the proposed plan adding that charcoal does not make a good bonfire and alleging there is much misinformation to spark fear in people. He urged Council to bring back the ability to use wood in the fire rings. Roger Lockhart asserted that the subject beaches are not contiguous and commented on the social benefits of gathering at bonfires. Judy Ruth Mullin welcomed new Council Members and commented against charcoal- burning fire rings noting that they do not compare to wood - burning fire rings and that they deter people from visiting the beaches. She added that it is the will of the majority of the people to keep wood- burning fire rings and urged City Council to approve the proposed plan. Dr. Jack Larson commented on the importance of the health of the general public and urged City Council to think about that and not impose wood smoke on residents in order to satisfy a political agenda. Brian Park commented on the proposed permanent plan and on the dangers of wood - burning smoke. He expressed his concern that residents near the Newport Pier area did not receive adequate notice of the pending Council action. He urged City Council to not expand wood - burning fire rings and commented against placing pits where high tides could adversely impact water quality by bringing soot into the water. Motion by Council Member Peotter, seconded by Council Member Muldoon, to a) authorize staff to implement an Interim Plan that would allow wood - burning upon adoption of the Interim Plan, resulting in 15 wood- burning rings Citywide separated by at least 50'. Eight would be near the Balboa Pier (to the eastern side) and seven at CdM State Beach; b) authorize staff to ask AQMD to allow the City to define "Contiguous Beach Area" as being interrupted by a specific distance of at least one mile or the Newport Harbor jetty entrance (for example). If AQMD concurs, authorize staff to modify the Interim Plan to allow up to 30 wood - burning rings citywide, with 15 rings at Balboa E/W and 15 at CdM State Beach; c) authorize staff to amend the City's Coastal Development Permit (CDP) application for a Permanent Plan that would return 60 wood - burning rings to the community, with: • 18 wood - burning rings at CdM State Beach (13 separated by 100' within the 700' of residences, and five more outside of the 700' line); • 26 wood - burning rings at the Balboa Pier area, with 13 on each side, all separated by 100'; • 9 wood - burning rings at the Newport Pier /North area, separated by 100'; • 7 wood - burning rings at Newport Dunes, separated by 100'; and d) If the Council deems the Permanent Plan ready for the Coastal Development Permit (CDP) process, authorize staff to amend the CDP accordingly. Council Member Peotter commented on the benefits of the proposed plan, noting that it would bring the City into compliance with both the AQMD and the Coastal Commission, and addressed the cost of implementing the plans. He added that the all -wood plan is the most economical. In response to Mayor Pro Tem Dixon's inquiry regarding implementing a maximum distance between fire rings, City Manager Kiff reported that they can be spread out throughout the extent of the City's beaches and that is something that staff could look at. Volume 62 - Page 155 City of Newport Beach Study Session and Regular Meeting January 13, 2015 Council Member Curry commented on the number of fire rings in Huntington Beach and up and down the coast throughout Southern California. He added that there are none in the City of Long Beach. He reported that City Council and staff has worked with the community to develop a strategy that would address the significant health issues related to wood smoke and noted that these health impacts cannot be denied. He indicated that staff and City Council found a strategy that worked and noted a significant increase in visitors to City beaches. Council Member Curry stated there should be an alternative for people who want to use the fire rings but do so using clean fuel. He spoke against implementing all wood fire rings and stated this is a manufactured campaign with paid, political people to generate this interest. He commented on fire pit waste that would go into the ocean at high tide with the proposed plan. Council Member Muldoon stated that Mr. Ahmanson is a good American and patriot and thanked him for his contributions. He noted that people will continue to have a choice in terms of the fuel used in the fire rings and hoped there will continue to be respect and civil discourse on the matter. Council Member Curry noted that there will be new rings in front of houses where they were not there before. He commented on the issue of visitation to the beach and that if anyone thought that regulating fire rings kept people away from beaches, it is simply not true. The beach experience should be something that everyone can enjoy. Mayor Selich noted this is a difficult situation and that the AQMD is the expert. He stated he is intrigued regarding the idea of spreading the fire rings out along the beach to disperse their concentration. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Selich Noes: Council Member Curry, Mayor Pro Tom Dixon XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT -Adjourned at 10:24 p.m. in memory of City of Avalon Harbor Patrol Officer Tim Mitchell The agenda for the Regular Meeting 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 8, 2015, at 4:00 p.m. Volume 62 - Page 156