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HomeMy WebLinkAbout01 - MinutesCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting March 10, 2015 I. ROLL CALL - 3:30 p.m. II. March 24, 2015 Agenda Item No. 1 Present: Council Member Peotter (arrived at 3:32 p.m.), Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich SSL Clarification of Items on the Consent Calendar Regarding Item 9, (Approve a Cooperative Agreement with Orange County Transportation Authority and Cities of Costa Mesa and Santa Ana for the Bristol Street Regional Traffic Signal Synchronization Project), Council Member Petros asked why money is being transferred from bike lane projects and believed that the money would be better spent on bicycle facilities. Public Works Director Webb reported that the money in that account is residual money which will be used to fund the Bristol Street site. He indicated that he does not believe there are other bicycle projects that will suffer due to the proposed project. Regarding Item 8 (Bike Lane Improvement Project), Council Member Petros noted that the City has been keeping bicycle statistics since the creation of the Bicycle Master Plan Committee and stated that bicycle - involved collisions have been reduced, the City continues to see the interference /interruption of bicycle traffic reduced, and overall safety has improved. He commended the City and staff for moving forward with this item. City Manager Mff asked that Item 13 (Balboa Village Facade Improvement Program Funding) be continued for two weeks to allow staff to review how funding is set up. SS2. Update on ABC Licenses, Crime Trends, Options for the Balboa Peninsula [100- 20151 Mayor Pro Tern Dixon explained why she requested this Item and reported on meetings with residents, Police officials, and business owners. She added that she has participated in a ride -along and has two other meetings scheduled regarding the matter. She expressed hope that this will result in possible solutions and thanked Police Chief Johnson, City staff, residents, and business owners. Police Chief Johnson provided a PowerPoint presentation, noting that he is pro- business and pro- community. He addressed policing district areas, ABC licenses in the Balboa Peninsula, the difference between ABC licenses and licensed establishments, comparisons with other cities throughout the state, various crimes and arrests by area, alcohol- related citations, Part 1 crimes by area, Peninsula alcohol - related arrests and citations, and time of day and day of week in which alcohol - related violations, arrests, and calls for service occur. In response to Council Member Petros' question, Chief Johnson explained the maximum occupancy for ABC establishments opened past 11:00 p.m. Volume 62 - Page 217 City of Newport Beach Study Session and Regular Meeting March 10, 2015 Police Chief Johnson addressed calls for service, Hoag Hospital alcohol - related impacts and recent incidents, and provided information regarding steps taken by the Police Department in dealing with these issues. Community Development Director Brandt and Senior Planner Ramirez provided a PowerPoint presentation, addressing Balboa Peninsula Zoning, current zoning requirements, operator's license requirements, and discussed businesses with ABC licenses on Balboa Peninsula, late -hour establishments in Upper Peninsula and Balboa Village, and options going forward for Council's consideration. In response to Council Member Muldoon's question, Community Development Director Brandt addressed the current Zoning Administrator process. Mayor Selich asked regarding the number of Zoning Administration applications that have been overturned by the Planning Commission. Senior Planner Ramirez stated he is not aware of any. Mario Marovic reported being involved in multiple discussions with Mayor Pro Tom Dixon, City staff, the Police Department, and business operators regarding this issue. He indicated that they generated an outline of what each business operator can do, collectively, to deal with this matter, and that they discussed having regular meetings, having all employees Licensee Education on Alcohol and Drugs (LEAD) certified, having security employees Guard Card certified, installing surveillance systems, and implementing radio headsets. In response to Mayor Pro Tern Dixon's request, Mr. Marovic commented on his conversations with other business owners and their reaction to the suggested steps. He added that every organization has room for improvement and stated that the process provided a good foundation for a beginning. In response to Council Member Petros' question, Mr. Marovic addressed issues in the City of Fullerton and steps they took to resolve them. He stated that, by conducting self - regulation, there has been a shift in crime and there is better communication amongst bar and restaurant owners in Fullerton. Mayor Pro Tern Dixon asked regarding how the steps taken in Fullerton has reduced the negative impacts to the surrounding communities and Mr. Marovic reported that businesses now operate more effectively and work together to address problems proactively. Joe Reiss, representing several residents, commented positively on the pertinent groups working together to develop a comprehensive plan to deal with the alcohol - related crime problems on the Peninsula. He thanked Mayor Pro Tom Dixon for her leadership and referenced a proposal he provided to Council, created by residents, with recommendations on how to improve the review process for ABC applications. He commented on two recent ABC applications considered by the Planning Commission and stated that the time of closure should not be a benchmark for granting ABC licenses. He suggested establishing stricter guidelines for approval of ABC licenses on the Peninsula. Additionally, he recommended hiring more Police Officers and assigning them to the Peninsula, especially on Thursday, Friday and Saturday nights. He suggested that Code Enforcement Officers and Vice Officers work the hours that problem establishments are open. He urged Council to create an overlay district that will help with issues on the Peninsula. Mark Simon, commercial real estate agent, urged Council to revoke Option No. 2 and the overlay, believing that limiting the rights of business owners' and lease holders' rights is a detriment to the value of their property and their lease hold. He suggested organizing Volume 62 - Page 218 City of Newport Beach Study Session and Regular Meeting March 10, 2015 better policing, speaking with State legislators to request them to change the legal hours for drinking, and correctly enforce the laws on the Peninsula. Jim Walker, Bungalow Restaurant and President of the Newport Beach Restaurant Association (NBRA) Business Improvement District, stated that there was no information presented regarding rental properties or off -sale liquor stores, recovery homes, or the homeless, adding that these contribute to existing problems. He added that he had the opportunity to attend the town hall meeting and was impressed with the participation and willingness of operators to do what they can to address the issues, but believed that the overlay will not result in the desired change and that business owners should not be punished. Roger Lockhart, President of USC Real Estate Association, commented on LEAD certification and stated that the Police Department does not have the support or direction to cooperate with ABC. He noted that his family owns a bar in Pasadena and commented on practices that have helped resolving alcohol - related issues there. Craig Batley commented positively on Mr. Marovic's suggestions and urged Council to increase Police patrol on the Peninsula and give the Police Department more resources to deal with existing problems. George Schroeder commented on prior problems during the Fourth of July and thanked Council for improving the quality of life during the holiday. He noted that there is a serious crime problem on the Peninsula and stated that those who come into the City and behave badly need to know there are consequences, and urged Council to approve additional Police resources to deal with the problems. Christine Simon expressed support for Option No. 1 and suggested adding restrooms on the Peninsula. She thanked Chief Johnson for his efforts and supported Mr. Marovic's plan. Mike Matlock, Newport Beach Brewing Company, spoke in support of Mr. Marovic's recommendations. He reported that his business has a lot of vagrancy issues and stated that he would like to be able to call the Police with problems, but not have that counted against his business. Bret Visciglia reported noise and disruptive behavior coming from the beach at noon, rather than from establishments at 2:00 a.m. He commended the Police Department for their efforts on the Peninsula, noted there will always be crime, but felt that the establishments are not responsible for the crime. He also spoke in support of Mr. Marovic's recommendations. Nathan Holthouser spoke in support of working with establishment owners and having them self - regulate. He believed that the overlay district will prohibit redevelopment. Mike Glenn believed that the crime rates should be looked at on a per - person basis and that the majority of crimes in the Peninsula are by people who do not live in Newport Beach. He expressed the opinion that the statistics are misleading and requested that the City return with actual data that identifies the problem before attempting to solve it. T.J. Fuentes spoke in support of allowing businesses to self- regulate and asked that, if Council approves a trial period, it be clear as to what that consists of. Mayor Pro Tem Dixon thanked those in attendance and noted that there are many factors to the existing problems, so there is no one solution that would result in the satisfaction of Volume 62 - Page 219 City of Newport Beach Study Session and Regular Meeting March 10, 2015 everyone involved. She thanked Mr. Marovic and the other business owners for generating a sensible code of conduct, and the business owners who have voluntarily signed and agreed to the voluntary code of operation. She requested that Council direct staff to hold off on the overlay district or any other City regulatory measures, to have the Police Department meet with affected business owners on a regular basis, requested that a progress report be given to Council in six months, and suggested a Council review of the program after it has been in operation for one year. Additionally, she indicated that there is merit to the idea that an increased Police presence during peak hours will enhance Officers' ability to respond to calls and serve as a deterrent to criminal activity. She asked that the City Manager and Police Chief come up with a plan to rehire or reallocate resources on the Peninsula during critical times and asked that the plan be included in the budget proposal for this fiscal year. She also asked Council to support any reasonable budget requests. Council Member Petros acknowledged that there is an issue of crime on the Peninsula and commented positively on the Fullerton example. He asked that the matter return to Council prior to the implementation of any proposal so that Council can thoroughly review what they are being asked to vote on. He added that he is supportive of a self - policing attempt. Council Member Curry thanked Mayor Pro Tom Dixon for her leadership on this issue. He noted the need for an opportunity for her and business owners to achieve the goals and improve the situation in a measurable way for the residents. Mayor Selich noted no objection to Mayor Pro Tom Dixon's proposal III. PUBLIC COMMENTS Jim Mosher commented on a State requirement that every city post the agenda of its meetings on their websites. He alleged that there has been no agenda posted for this meeting or any other meeting on the City website and asked how the City is dealing with this issue. City Attorney Harp stated that the City's website experienced technological difficulties over the weekend and that there may have been some difficulty in viewing the agenda. Assistant to the City Manager /IT Manager Houston reported that, over the weekend, the City's internet provider experienced a problem with one of their towers and their system was down. The agenda was posted 72 hours prior, but the website was down for a period of time due to circumstances beyond the City's control. He addressed additional postings that occur at other City facilities. City Attorney Harp added that the City is still able to go ahead with the meeting if it experiences technological problems with postings. 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. He added that Council will not consider Labor Negotiations (Item A), but will consider Item B. IV. CLOSED SESSION - 6:11 p.m. A. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Volume 62 - Page 220 City of Newport Beach Study Session and Regular Meeting March 10, 2015 Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 3 matters Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701-JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 Woody's Group, Inc. v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013- 00687091 California Court of Appeal, Division 3, Case No. 4th Civ. G050155 City of Newport Beach v. Banshee Construction Company, et al. Orange County Superior Court Case No. 30- 2011 - 00528392- CU- BC -CJC V. RECESS VI. RECONVENED AT 7:02 P.M. FOR REGULAR MEETING VII. ROLL CALL 4k V 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 the Labor Negotiations item was not discussed tonight. He announced that, regarding the Woody's Wharf litigation, the City Council authorized the City Attorney's Office to file a petition for review by appeals court. He also announced that the remainder of Closed Session will be discussed after the conclusion of the Regular Meeting. ix. PLEDGE OF ALLEGIANCE - Council Member Petros X. INVOCATION - Noie LaRue, First Church of Christ, Scientist XI. PRESENTATIONS - None Motion by Council Member Curry, seconded by Council Member Petros, to consider Item 15 (Beach Fire Ring Coastal Development Permit (CDP) Application — Discussion of Alternatives) out of order. Volume 62 - Page 221 City of Newport Beach Study Session and Regular Meeting March 10, 2015 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 XV. CONSENT CALENDAR 15. Beach Fire Ring Coastal Development Permit (CDP) Application — Discussion of Alternatives City Manager Kiff reported that this is an opportunity for members of the public to offer their opinions regarding the nine fire ring plans that are on the City's website. At the request of Council Member Peotter, City Manager Kiff presented a plan that meets the American Disabilities Act (ADA) requirements. He addressed Rule 444 relative to ADA compliance, discussed pros and cons of the ADA plan, and displayed examples of an ADA compliant fire ring, a typical configuration, and an example of a CNG ring. Mike Mahoney stated that he has had to close his patio doors many times because of fire rings since the prevailing wind blows the smoke right into his home. He believed that fire rings bring an unwanted element into the City and expressed concerns with the lack of parking, debris, and noise. Additionally, he indicated that bicycle Police no longer patrol the area and believed that adding more fire rings is not economically feasible. Charlie Farrell noted there are 32 fire rings that surround the Balboa Pier and that, according to the Air Quality Management District (AQMD), 30 fire rings are equivalent to what is emitted from a large oil refinery. He took exception to a quote by Assembly Member Travis Allen, expressed concerns regarding harmful wood smoke, and asserted that Council should be protecting the residents. He stressed that public health and safety is Council's primary responsibility and urged Council to do something to protect the residents. He asserted that the only solution is to keep fire rings charcoal -only until new technology is available. Scott Robinson, President of the Central Newport Beach Community Association, spoke in support of maintaining fire rings in the existing footprint and that they remain wood - burning. Mike Henn reported that, during the debate about fire rings, he heard it said that those who live near fire rings knew they were there when they moved there, so they should not complain. He stated that when he bought his home 20 years ago, there were no fire rings in front of or around his home. However, consideration is now being given to installing fire rings near his residence. He believed that, if fire rings are brought near his home, this constitutes a taking from the City of the clean, healthful air that he has enjoyed, a taking of the quite enjoyment of his home in the evenings, and is a taking of value from his property. He acknowledged that the issue is not before the Coastal Commission and stated that, for the time being, it is not for Council to decide. However, Council has the ability to influence the proceedings at the Coastal Commission by directing staff to do what it can to prevent the spread of fire rings beyond the existing footprint. He noted that, when the Coastal Commission is done forming its view, the matter will be brought back to Council for a decision. He reiterated his request that Council not allow the spread of fire rings beyond the existing footprint and requested that existing fire rings burn as cleanly as possible. Denys Oberman expressed the opinion that there would be more people in attendance if there had been adequate notice on this matter. She submitted a petition into the record asking for Volume 62 - Page 222 City of Newport Beach Study Session and Regular Meeting March 10, 2015 the preservation of clean air and water, the historical footprint boundary, the historical number of rings, and in objection of the expansion of fire rings. Barbara Peters spoke regarding the harm of wood smoke and quoted from a City brochure regarding the toxicity of wood smoke. She added that fire rings were installed when the knowledge of the toxicity of wood smoke did not exist. She urged Council to request that the Coastal Commission allow only charcoal - burning fire rings on all City beaches. She commented on the ADA compliant plan and believed that trying to circumvent a public health rule in the name of the disabled is shameful. She urged Council to do what is best for the health and welfare of the City's residents, visitors, and employees. Linda Klein believed that this matter was not properly noticed because otherwise the Chambers would have been filled with people who oppose the fire rings. She urged Council not to expand the pollution, degradation, and defilement of fire rings to the rest of the City's beaches and maintain the existing footprint. She stated that many feel they are being clobbered by a well- funded lobby, Save the Fire Rings, and stated the need to consider the wishes and rights of the entire beach community. oft Christine Simon spoke in favor of preserving existing fire rings and maintaining them as wood - burning versus charcoal. Janet Brown spoke in favor of maintaining the existing fire ring footprint and in support of Plan 1, as listed on the City's website, as well as Alternative Plan 2. She expressed opposition to Alternative Plan 3 and believed that placing fire rings over an expanded area would create enforcement challenges. She noted health issues and nuisances as a result of wood - burning fires. Ken Rosen indicated that he lives on the ocean front and that he has asthma. He urged Council to consider the residents' health and safety and spoke in opposition to wood- burning fire rings. Additionally, he reported speaking with many residents and that none favor the expansion of fire rings. He requested that fire rings remain charcoal- burning. City Manager Kiff addressed Alternative Plan 9 and the number of fire rings that can be installed in the existing footprint. He added that the Coastal Commission wants to see a 60 wood - burning fire ring plan, as well as alternatives. He reported that this meeting was properly noticed and that, while it is not a public hearing, it is an open and public meeting and addressed noticing efforts. Additionally, he commented on maintenance of the fire rings and reported that the Coastal Commission has communicated that charcoal -only fire rings is not an acceptable plan. Council Member Curry believed that the fire ring implementation has not gone well since Council consideration in January, that this was moved through without proper consideration by the Parks, Beaches & Recreation Commission, and many associations and residents have asked Council to reconsider this matter. He noted that there was language that was not discussed that was inserted into the minutes of a prior meeting and referenced the City survey. He reported that a letter was sent to the Coastal Commission offering seven plans, but pointed out that Council never voted on them. Council Member Curry noted that the Coastal Commission cannot make the City install a fire ring in places where they do not already exist. He indicated that the Coastal Commission exerts its authority to prevent the City from removing existing fire rings and that is why it is important for Council to act tonight to clearly communicate what it wants. He asserted that this is a manufactured, political matter and emphasized that the people of this City do not want this. Additionally, he stated that many of his colleagues deny that wood- burning smoke is hazardous, and urged Council to listen to residents and do what is right for the community and for the health of the City's residents. Volume 62 - Page 223 City of Newport Beach Study Session and Regular Meeting March 10, 2015 Council Member Petros stressed that, when Council considered this matter in January, he did not vote on a plan that included 60 fire rings. He added that he has been told, by the experts, that spacing the fire rings out 100 feet apart remedies a health issue when they are 700 feet from residents. Therefore, he voted to support a 30 fire ring plan that generally keeps them in the existing footprint. In response to his question regarding what he could do to make his individual position known to the Coastal Commission in writing using City letterhead, City Attorney Harp reported that City letterhead is typically used for official City business. He added that Council Member Petros must use his own letterhead and can identify himself as a Council Member but that he is not taking a position on behalf of the City. Council Member Petros believed that the City is on dangerous ground in terms of disclosure of the California Environmental Quality Act (CEQA) impacts as no one has demonstrated the implications of any of the proposed plans. In response to Mayor Pro Tern Dixon's question, City Manager Kiff stated that he plans to submit the results of the City survey to the Coastal Commission which included support for charcoal -only and keeping the existing footprint. All relevant information will also be presented to the Coastal Commission and City Manager Kiff noted that it is not his intent to narrow the alternatives. He added that, if Council directs him to rank the plans, he will do so and that ADA alternatives would be within the current footprint. Council Member Peotter believed that the reason this matter is being considered is because the previous Council initially wanted to change fire rings to charcoal or eliminate them entirely. It was then that the AQMD decided to help the City and ban or regulate them. He added that the beaches belong to the State and that the City is the keeper of those beaches. He stated that he is proud that anyone can visit the beaches and believed that charcoal does not work. He believed that the new Council has to fix the previous Council's actions and come up with a solution that pacifies the AQMD and Coastal Commission while ensuring that residents are not impacted more than they need to be. He commented positively on the ADA plan and hoped that it will be successful. He encouraged the City Manager to pursue that plan. Council Member Curry referenced a letter sent on January 29, 2015, to the Coastal Commission in which the City made representations that City staff believes Plans 2 and 3 are acceptable alternative plans. He added that he does not believe those are acceptable alternative plans. He stressed that Council is here to represent the views of the people of the City of Newport Beach and that the City should send a letter to the Coastal Commission that represents the views of the people. He suggested reviewing each alternative and polling the City Council to see which have the support of Council and which do not. He added that most of them do not have the support of the City's residents. Motion by Council Member Curry, seconded by Council Member Petros, to a) review and poll each of the seven alternatives submitted to the Coastal Commission in a letter dated January 29, 2015, as well as the two resident - generated plans and the ADA plan (ten in total) to determine if the plans represent the views of this Council; and b) send an amended letter to the Coastal Commission based on the vote. Council Member Curry indicated that, if Council would like to poll additional alternatives, then it should do so as well. Council Member Muldoon expressed his appreciation to the public for their input. In response to his question, City Manager Kiff reported that the Coastal Commission asked for a proposed plan, including alternatives, that might be deemed acceptable to staff and also things that were deemed not acceptable. Council Member Muldoon encouraged everyone to "chime in" with the Coastal Commission but to also be respectful of the democratic process. Volume 62 - Page 224 City of Newport Beach Study Session and Regular Meeting March 10, 2015 City Attorney Harp reported that polling Council on the various plans would not be subject to CEQA; however, if Council directed the City Manager to amend any of the plans, that could be subject to CEQA. The original plan was exempt from CEQA based on the exemptions stated in the staff report, as well as the fact that the Coastal Commission has its own CEQA process. In response to Mayor Pro Tern Dixon's questions regarding whether the ADA plan and resident plans have been submitted to the Coastal Commission, City Manager Kiff reported that the plans that were submitted were those included in the January letter. He added that residents submitted two other plans which he intends to submit, along with the ADA plan. Council Member Curry reiterated that the seven plans that were submitted to the Coastal Commission were not approved by Council. City Attorney Harp commented on Council's vote in January and understood that the alternatives were part of the package. Further, Council confirmed the vote at a later meeting. Mayor Selich indicated that he will not be supporting the motion, believing that it will open the City up to a potential CEQA challenge. Council Member Peotter wondered what good the polling Council would do and indicated that he will not support the motion. 1W In response to Mayor Pro Tern Dixon's question, City Attorney Harp reported that Council has already made a decision on a package of plans and that the City would open the door to CEQA to the extent that it would add plans to what has been submitted to the Coastal Commission. He addressed an exemption that applies relative to Coastal Development Permits (CDP), noting that it is because the Coastal Commission has its own laws when it comes to complying with environmental laws. Council Member Petros commented on the Banning Ranch and Back Bay Landing EIRs, and wondered why an EIR was done if the matter was going before the Coastal Commission. City Attorney Harp stated that there is no discretionary action on the part of the City Council since Council is not approving a permit to move the fire rings. This case is different since nothing can be done until the Coastal Commission approves a CDP. Council Member Petros noted that the Coastal Commission did not ask for the specific seven alternatives, but rather the City offered them to the Coastal Commission. City Manager Kiff indicated that the Coastal Commission communicates through him, not Council. Council Member Curry reported that the City is often asked, by the Coastal Commission, to amend its applications for a CDP. City Attorney Harp added the Coastal Commission frequently will depend on the work the City has previously done in their review process. In response to Mayor Pro Tem Dixon's question, Council Member Curry confirmed that his motion includes a polling of the two resident - provided alternatives, as well as the ADA plan as the City is likely to submit those to the Coastal Commission. The motion failed by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tern Dixon Noes: Council Member Peotter, Council Member Duffield, Council Member Muldoon, Mayor Selich Volume 62 - Page 225 City of Newport Beach Study Session and Regular Meeting March 10, 2015 XII. NOTICE TO THE PUBLIC MII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Peotter requested consideration of a Debt Management Fund and the possibility of selling the old City Hall site. Additionally, he asked for an update on a tow contract that was put out to bid without a resolution. Council Member Petros announced that the Newport -Mesa Spirit Run will be held on March 15, 2015. Mayor Pro Tern Dixon announced that a Lobby Book Sale will be held on March 21, 2015, from 11:00 a.m. to 3:00 p.m. at the Central Library; and that a meeting of the Balboa Village Advisory Committee (BVAC) will be conducted on March 11, 2015, at 4:00 p.m. at ExplorOcean. Council Member Curry reported attending the dedication of the Corona del Mar Middle and High School Performing Arts Center on March 9, 2015. Mayor Selich reported speaking at the recent dedication of the Ben Carlson Lifeguard Headquarters and noted it was well- attended. He announced that, on March 5, 2015, he spoke at Wake Up! Newport hosted by the Chamber of Commerce and at the 40th anniversary of Avila's El Ranchito Restaurant. He announced that Camp Expo will be at the Spirit Run on March 15, 2015. Additionally, he announced the upcoming Mayor's Spring Egg Roll on the Civic Center Lawn on March 28, 2015, from 10:00 a.m. to noon. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher commented on Item? (Summary Vacation of Sewer Easement and Request to Install Private Improvements within the Public Right -of -Way at 3235 Ocean Boulevard), noting that the matter lists an incorrect property. He assumed that, when the matter returns before Council, the correct property will be described. XV. CONSENT CALENDAR (Continued) A. READING OF MINUTES AND ORDINANCES 1. Minutes for the February 24, 2015 Study Session and Regular Meeting [100 -2015] 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. B. ORDINANCE FOR INTRODUCTION 3. Massage Establishment Regulations [100 -2015] Introduce Ordinance No. 2015 -2, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Chapter 5.50 Regulating Massage Establishments and Repealing Chapter 5.64 Regulating Holistic Health Practitioners, and pass to second reading on March 24, 2015. Volume 62 - Page 226 City of Newport Beach Study Session and Regular Meeting March 10, 2015 C. RESOLUTIONS FOR ADOPTION 4. A Resolution Authorizing Suppression/Safety and Non - Suppression Personnel to be Compensated Portal -to- Portal for Services Rendered at Incidents, as Requested through the Mutual Aid System [100 -20151 Adopt Resolution No. 2015 -15, AResolution of the City Council of the City of Newport Beach Authorizing Suppression /Safety and Non - Suppression Personnel to be Compensated Portal - to- Portal for Services Rendered at Incidents, as Requested through the Mutual Aid System. 5. Approval of a Grant Agreement for the Community Paramedicine Data Project (C -6060) [381100 -20151 a) Adopt Resolution No. 2015 -16, A Resolution of the City Council of the City of Newport Beach Approving the Grant Agreement for the Community Paramedicine Data Project between the City of Newport Beach and the California Healthcare Foundation, and authorizing the City Manager to execute for, and on behalf of, the City to obtain the stipend provided by The California Healthcare Foundation; b) Accept the grant funding in the amount of $16,600 to be utilized for professional services to aid in data collection and reporting; and c) Approve Budget Amendment No. 15BA -036 to accept grant funds from the California Healthcare Foundation, increase revenue estimates by $16,600 in account 2340 -5066, and increase expenditure appropriations by $16,600 in account 2340 - 82007. 6. Summary Vacation of Storm Drain Easement at 121 Harbor Island Road [381901100 -20151 a) Adopt Resolution No. 2015 -17, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 5 -Foot Wide Storm Drain Easement at 121 Harbor Island Road (Lot 20 of Tract 3283); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation document recorded by the Orange County Recorder. 7. Summary Vacation of Sewer Easement and Request to Install Private Improvements within the Public Right -of -Way at 3235 Ocean Boulevard (C -6061) [381701100 -20151 Continue to the March 24, 2015 City Council meeting. D. CONTRACTS AND AGREEMENTS 8. Bike Lane Improvement Project - Award of Contract No. 5653 (CAP14 -0035) (C -5653) [381100 -20151 a) Approve the project plans and specifications; b) Award Contract No. 5653 to Superior Pavement Markings, Inc. of Cypress, California for the Total Bid Price of $117,632.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $11,700.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. 9. Approve a Cooperative Agreement with Orange County Transportation Authority (OCTA) and Cities of Costa Mesa and Santa Ana for the Bristol Street Regional Traffic Signal Synchronization Project (CAP15 -0015) (C -6062) [381100 -20151 Volume 62 - Page 227 City of Newport Beach Study Session and Regular Meeting March 10, 2015 a) Approve the Cooperative Agreement No. C -4 -1882 between OCTA and Cities of Costa Mesa, Newport Beach and Santa Ana for Bristol Street Regional Traffic Signal Synchronization Project (TSSP); b) Authorize the Director of Public Works to approve future Amendments to the Bristol Street TSSP Cooperative Agreement; and c) Approve Budget Amendment No. 15BA -037 transferring $10,000 from Account No. 7013- C3002028 (Newport Beach Bike Lane) and $1,000 from 7013- C3002021 (Eastbluff Dr./ Ford Rd. Bike Lane) to Account No. 7013- C3002026 (Bristol Street Signal Synchronization). 10. Request to Retain Existing Private Improvements within the Public Rights -of- Way at 2042 Miramar Drive (C -6063) [381100 -2015] a) Waive City Council Policy L -6, Private Encroachments in Public Rights -of -Way, to allow Owners to retain the existing brick wall with pilasters in excess of 3 -feet in height, that encroach up to 1 -foot into the Miramar Drive and M Street rights -o£ -way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 11. Approval of Agreement with Delta Systems Engineering, Inc. for Water and Wastewater Automation Upgrades (C -6064) [381100 -2015] Approve the agreement with Delta Systems Engineering, Inc. for Water and Wastewater Automation Upgrades for a total amount not to exceed $422,077.60, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 12. Planning Commission Agenda for the March 5, 2015 Meeting [100 -2015] Receive and file. 13. Balboa Village Facade Improvement Program Funding [100 -2015] Continue to the March 24, 2015 City Council meeting. 14. Schedule Extension of Orange County Transportation Authority (OCTA) Measure M2 Grant Funds for Newport Boulevard Widening (Via Lido to 30th Street) Project C -4881 (CAP12 -009) (C -4881) [381100 -2015] Approve the submittal of a schedule extension to OCTA for the Newport Boulevard Widening project (Via Lido to 30th Street). S18. Reimbursement Agreement to DJM Capital Partners, Inc. for Reconstruction of a City Water Main on Via Oporto (C -6065) [381100 -2015] a) Direct Staff to enter into a Reimbursement Agreement, as approved to form by the City Attorney, in an amount not to exceed $150,000.00 with DJM Capital Partners, Inc. for the reconstruction of a portion of the City's water main along Via Oporto adjacent to the Lido Marina Village Renovation project which is beyond the required scope of the project. The payment of said water main reconstruction cost will be from the Water Enterprise Fund; and b) Authorize the City Manager and City Clerk to execute the necessary Reimbursement Agreement with DJM Capital Partners, Inc. and the City Manager to approve and make any related reimbursement payments for said water main reconstruction work. Volume 62 - Page 228 City of Newport Beach Study Session and Regular Meeting March 10, 2015 Motion by Mayor Pro Tern Dixon. seconded by Council Member Curry, to approve the Consent Calendar; Items 1 -14 and SIS; and noting the continuance of Items 7 and 13 to the March 24, 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 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Jim Mosher commented that the City did not have the agenda posted on its website and stated that, in a few months, the City will know whether the State Attorney General agrees with the City Attorney that it is sufficient that the City did its best to post it or if the meeting should have been rescheduled. He added that the public expects that City documents be readily available via the internet and that there is no formal mechanism for the public to comment on or provide input to staff on what should be on the City's website. He suggested that the City institute a formal mechanism for the public to influence how that interface will look. He noted that Council has not approved a social media policy, but it uses social media to do surveys. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry reported that the Finance Committee reviewed the audit and work plan for the year ahead. Mayor Selich reported on a recent General Plan/Local Coastal Plan Committee meeting and listed items discussed and considered. Additionally, he reported that, on February 25, 2015, an LCP Committee outreach meeting was held which dealt with the Bluffs and Coastal Canyons. On March 4, 2015, the LCP meeting dealt with business properties. He reported that there will be opportunities for the public to participate in hearings before the Planning Commission, Study Sessions, and hearings before the City Council. XIX. PUBLIC HEARING 16. Balboa Island Residential Condominium Prohibition Code Amendment [100 -20151 Senior Planner Alford provided a PowerPoint presentation, addressing details of the amendment, background, R -BI Zoning District, and recommendations. Mayor Selich opened the public hearing. Jim Mosher commented on Measure Y and hoped that Council will recognize that, in this case, the government has a role in telling residents what they can and cannot do with their property. Hearing no further testimony, Mayor Selich closed the public hearing. Regarding Mr. Mosher's comments, Council Member Muldoon noted that he supported Measure Y because he believes in property rights. He added that there are cases where restrictions may be imposed and that this is a reasonable regulation that makes sense. Volume 62 - Page 229 City of Newport Beach Study Session and Regular Meeting March 10, 2015 M Mayor Selich explained that Council is restoring a section of the Zoning Code that was inadvertently left out during the last revision. Motion by Council Member Petros, seconded by Council Member Peotter, to a) find that the adoption of Code Amendment CA2014 -005 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines; and b) introduce Ordinance No. 2015 -5, An Ordinance of the City Council of the City of Newport Beach Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Prohibit Residential Condominium Projects in the R -BI Zoning District, approving Code Amendment No. CA2014 -007, and pass to second reading on March 24, 2015. 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, May o Tem Dixon, Mayor Selich 17. Bonita Creek Park Synthetic Turf Replac ' t P oje ward to FieldTurf USA, Inc. (CAP09 -0066) (C -6066) [381100 -2015] Public Works Director Webb provided a PowerPoint presentation addressing location, existing conditions, review of products, background, project phases, and the construction schedule. Jim Mosher noted that Council is receiving recommendations from the Parks, Beaches and Recreation (PB &R) Commission, but some Commissioners believed they were pressured into approving this project. Council Member Petros complimented staff on its innovative way it is moving forward with this procurement. He took issue with a private communication distributed to the community which bended the facts and tried to create fear in the community about this project. He noted that there was no name associated with the communication. Motion by Council Member Petros, seconded by Council Member Peotter, to authorize the Mayor to execute a contract with FieldTurf USA, Inc. based on substantially the same terms included in the State of California Multiple Awards Schedule Agreement No. 4-06-78 - 0031A, for the purchase and installation of synthetic turf materials for use at the Bonita Creek Park Sport Fields. 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 MU. MOTION FOR RECONSIDERATION - None IV. CLOSED SESSION (Continued) City Attorney Harp announced that Council will be discussing two items under Existing Litigation during the continued Closed Session. Mayor Selich recessed the meeting back into Closed Session at 8:42 p.m. Volume 62 - Page 230 City of Newport Beach Study Session and Regular Meeting March 10, 2015 Mayor Selich reconvened the meeting at 8.56 p.m. with all members of the City Council in attendance. City Attorney Harp announced that, regarding the Woody's Wharf case, Mayor Pro Tem Dixon, Council Member Petros, Council Member Duffield, and Council Member Curry voted to appeal the case, among other things; and Council Member Muldoon, Council Member Peotter, and Mayor Selich voted in opposition. =I. ADJOURNMENT - 8:57 p.m. 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 March 5, 2015, at 4:00 p.m. The amended 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 March 6, 2015, at 1:00 p.m. Recording Secretary Mayor Volume 62 - Page 231 CITY OF NEWPORT BEACH City Council Minutes Special Meeting /Joint Meeting of the City Council and Finance Committee March 10, 2015 I. ROLL CALL - 4:30 p.m. Present: Finance Committee Member Dixon, Finance Committee Member Petros, Finance Committee Member McCullough, Finance Committee Member Tucker, Finance Committee Member Wu, Finance Committee Chair Curry Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor o Tern Dixon, Mayor Selich Absent: Finance Committee Member Warner (excused) II. CURRENT BUSINESS 1. Capital Improvement Plan (CIP) Early Look and Project Prioritization f100 -20151 Mayor Selich recused himself regarding discussions about the Bayside Drive Rehabilitation -Marine Avenue to PCHProject because he resides on Bayside Drive. City Manager Kif£ introduced the item and noted that this is the early look at what staff is proposing to include in the budget. Public Works Director Webb provided a 'PowerPoint presentation, addressing streets and drainage related to Bayside Drive. In response to Council questions, Public Works Director Webb noted the need to develop concepts in order for the City to apply for M2 or Active Transportation Program (ATP) grant funding. He was unsure whether ATP funding would apply and stated that staff is looking at the possibility of a roundabout on this street. Council Member Curry noted that this needs to be a major safety priority moving forward. Public Works Director Webb reported that staff is looking at safety and changing the street into more of a multimodal area. He added that there is a lot of bike traffic in the area and staff is looking at the possibility of a roundabout at the intersection of Harbor Drive and Bayside Drive. In response to Finance Committee Member Wu, Public Works Director Webb stated that there are cases where staff has tried but roundabouts have not been built. He referenced Ladera Ranch, noting a roundabout as an integral design element that works successfully. He suggested that staff consider the matter carefully before spending the money to implement a roundabout. In response to questions, Public Works Director Webb explained that placing a signal at the intersection would be an option, but addressed challenges, including costs and the need to meet speed warrants. He also noted that there is no room for installing a stop sign. Jim Mosher thanked staff for making the presentation available in advance and commented on the number of projects involved. Volume 62 - Page 232 City of Newport Beach Special Meeting /Joint Meeting of the City Council and Finance Committee March 10, 2015 Public Works Director Webb reported that the format was changed at the last minute due to Council conflicts and advice from the City Attorney's Office regarding recusals. Council Member Duffield recused himself regarding discussions about Mariners Mile — Highway Configuration and Land Use Review Project since he has a business in the area. Public Works Director Webb addressed the Mariners Mile highway configuration and land -use review as requested by residents to deal with traffic congestion and by area businesses to foster redevelopment. He noted that the City is working with the Orange County Transportation Authority (OCTA) on a regional study and addressed a design charrette and funds available to start the design. He discussed possible funding sources, deferring costs, exploring public /private partnerships, and the need for further discussion on the matter. Council Member Petros noted that there is already an investment in the OCTA study, there is a set -aside for a consultant to do focused work, and the Community Development staff is engaged in land -use planning issues. He asked if this is a separate consideration and Public Works Director Webb stated that there are several projects but staff simply wants to reaffirm Council direction. Council Member Petros expressed support for continued diligence in the track that Council has set; indicating that he did not feel continuing it would require additional budgetary amounts. He added that the City is already on track and there is little impact on the current budget. In response to Mayor Selich's question, Public Works Director Webb addressed the deliverables. Council Member Peotter stated that he would like to see a detailed presentation on this matter before spending a lot of money on design. Public Works Director Webb noted that, in this case, there has been a significant amount of effort made and wanted to make sure that Council is aware of it and listed next steps. Council Member Peotter reported that the charrette is completely changing the way Mariners Mile functions and stated that it is not a decision that the Council has yet made. Council Member Curry stated that the matter has not been adequately designed to the point where Council knows what it will cost or what it will do. He noted the need to do some of the design work to answer those questions and know what this will look like to know whether to move forward with it or not. He stated that businesses in the neighborhood are very concerned with throughput and traffic, the solutions are complicated, and staff should continue working on it and bring it back to Council for decision - making. Mnance Committee Member Wu stated that he sits on the OCTA M2 Oversight Committee and City Attorney Harp suggested that he recuse himself from this item. Finance Committee Member Wu recused himself since he serves on the OCTA M2 Oversight Committee that reviews M2 Funds. Public Works Director Webb reported that this item is a reaffirmation of Council direction and that staff has every intention to keep moving forward. Council Member Petros commented on the numerous Mariners Mile Association meetings he has attended where it has been discussed that the City is allowing this area to turn to blight. Volume 62 - Page 233 City of Newport Beach Special Meeting /Joint Meeting of the City Council and Finance Committee March 10, 2015 He stated that they would like to see this area revitalized and that residents believe that throughput and congestion are important issues to address. He added that there is momentum by virtue of the work that has already been done. Council Member Muldoon suggested speeding up the project and commented on improvements to the standard of living. Public Works Director Webb addressed CIP General Fund goals, new projects and re- budgets, and facilities. Mayor Selich asked regarding the life of the new apparatus for the Mariners Fire Station and Public Works Director Webb reported that the living quarters were rehabilitated several years ago and is in good shape. Regarding the apparatus bay, he stated that it would have a 50 year life. Council Member Curry stated that he is glad that staff is moving forward on the Corona del Mar Library and Fire Station. Public Works Director Webb addressed streets and drainage on 15th Street/Balboa Boulevard, Fiscal Year (FY) 14/15 residential street overlay, Irvine Avenue pavement rehab, Newport Boulevard /32nd Street modifications, and Ocean Boulevard and Poppy Avenue pavement reconstruction. In response to Mayor Selich's question, Public Works Director Webb reported that the Cameo Shores project includes every residential street in Cameo Shores. Public Works Director Webb continued discussing streets and drainage projects, including PCH and Old Newport Boulevard street modifications, MacArthur Boulevard pavement rehab, FY 15/16 street lighting replacement, storm drain system video evaluation, and the Citywide concrete and pavement replacement program. In response to Council Member Petros' question regarding PCH and Old Newport Boulevard, Deputy Public Works Director Vukojevic stated that two alternatives in the environmental analysis are being considered including a right -of -way swap and a right -of -way acquisition. Public Works Director Webb addressed transportation projects, water quality and environmental projects, and parks, harbor and beaches projects. Council Member Petros asked regarding the American Legion bulkhead and Public Works Director Webb noted that it is a City responsibility. Public Works Director Webb addressed water and wastewater projects. In response to Mayor Pro Tern Dixon's question, Public Works Director Webb reported that the Est presented is a list of projects currently in motion and needing further discussion. He added that the list has been sorted by priority and by ability for possible outside contributions or self - help. City Manager Kiff added that they are in alphabetic order within the various blocks. In response to Council Member Peotter's question, he stated that staff is hoping that Council will express their comments on the various projects and provide guidance and direction. Volume 62 - Page 234 City of Newport Beach Special Meeting /Joint Meeting of the City Council and Finance Committee March 10, 2015 Council Member Petros noted that many of the projects, while they have not been appropriated, have had funds assigned to them through the Facilities Finance Plan (FFP). City Manager Ki£f indicated that there are some projects in the list that have not had money assigned to them. In response to Mayor Pro Tern Dixon's question, Public Works Director Webb reported that Council typically allows staff to put $5 million of General Funds into the project, as well as $2.7 million in gas tax. Those funds are used to program priority projects. He added that there is a list of special projects for which staff needs additional guidance. Council Member Curry indicated that he did not feel it necessary for Public Works Director Webb to go through all of the details in the projects. Council Member Muldoon noted that this topic is too important to rush and suggested going through part of it today and continuing the rest at a future meeting. Jim Mosher reported on a time before Proposition 13 where it was difficult for councils to give the green light to projects since it was tied to taxation. He stated that the City currently receives money, but Council has little control as to the revenue coming into the City. He believed that Council should have a discussion on how much discretionary money they do have to allot to these various projects. In response to Mayor Pro Tem Dixon's questions, Public Works Director Webb noted that the first slides presented are the key projects to which the $5 million should be allocated. Other projects are funded and staff is validating that Council agrees with their scope and size. He noted that other projects are not funded and it is Council's decision whether to fund them or not. Noting the time, it was the consensus of the City Council and the Finance Committee to receive the remainder of the presentation at a future meeting. III. PUBLIC COMMENTS ON NON - AGENDA ITEMS - None IV. ADJOURNMENT - Adjourned at 6:08 p.m, to an Adjourned Special Meeting /Joint Meeting of the City Council and Finance Committee on March 24, 2015, at 3:30 p.m. The agenda for the Special Meeting (Joint Meeting with the Finance Committee) 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 March 5, 2015, at 4 :00 p.m. Recording Secretary Mayor City Clerk Volume 62 - Page 235