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HomeMy WebLinkAbout01 - MinutesOctober 27, 2015 Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting October 13, 2015 I. ROLL CALL - 4:00 p.m. Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Presentation of Plaques to Outgoing Plannin ommissioner Larry Tucker and Civil Service Board Member Hugh Logan Former Civil Service Board Member Hugh Logan was presented his plaque during the Regular Meeting. MA SS3. John Wayne Airport (JWA) Flight Dispersion Issues [100-20151 City Manager Kiff provided a PowerPoint presentation regarding MAGVAR and NextGen. He discussed the background, details of the two separate issues, needed corrections, SID Plates, NextGen, the Metroplex, RNAV and Non-RNAV routes, variations in departures, the ideal path alongside the STREL, MUSELZ turning into FINNZ, STREL turning into PIGGN, and a preference that the STREL be a fly -over, not a fly -by. Additionally, he presented findings and staff recommendations. Council Member Petros, Chair of the Aviation Committee, reported that this issue has come before Council as a reaction by the community to existing issues in the neighborhood, as well as the anticipation of change resulting from NextGen. He provided an update of discussions during recent Aviation Committee meetings. He addressed what other communities are doing as a result of NextGen, understanding a complaint issued by the City of Phoenix regarding the FAA, and the need for more information. Sherman Stacey spoke in opposition to the FAA's proposal and expressed concerns with noise. He stated that he would like to see a dispersion that has been going on for many years and believed that his neighborhood should not be singled out to bear the brunt of the airport. Dotty Harmsen expressed concerns with the number of flights per day at JWA and suggested standing as one community to resolve the problem. Ronnie Weinstein addressed the power of the community and suggested that the City put pressure on the County to ensure that errors are corrected. He referenced the EIR and stated the importance of the City stepping up to ensure it benefits the residents. He addressed public health issues and hoped that Council will carefully consider MAGVAR and the impacts of NextGen. Lee Pearl noted that Balboa Island and other neighborhoods are requesting some level of relief. He noted that any changes will impact some of the other areas and expressed Volume 62 - Page 463 City of Newport Beach Study Session and Regular Meeting October 13, 2015 concerns with noise and pollution. Jim Mosher commented on recommendations for more changes to Council Policy A-17 and thought that the purpose of this Study Session was to formulate a position regarding fanning or not fanning. He discussed comments he believed were made by City Manager Kiff about fanning and dispersion. He expressed the opinion that dispersion is reasonable and wondered why the City would not be advocating for the FAA to direct some of the flights to make sharp turns towards the left or the right. Council Member Petros stated that he never heard City Manager Kiff express disappointment or concern regarding fanning or dispersion. City Manager Kiff stated it was not disappointment or concern, but rather that it is not there and after reviewing the plan, determined that it is a very wise policy. In response to Mayor Pro Tem Dixon's question, City Manager Kiff reported that these issues relate to the Settlement Agreement tangentially since it addresses the number of annual passengers, the number of daily departures of the loudest class, and sets in place expectations regarding curfews. He explained that, if departure procedures are changed too dramatically, the planes could go around n�jise monitors which are important to the curfew. He commented on the study related to no'i'se impacts and altitudes. ■ Regarding the use of new technology in the airport relative to noise and pollution abatement, City Manager Kiff commented on the study in 2008 which referenced use of the best technology at the time and noted that most of the regulated aircraft are Stage 3. However, now there are Stage 4 aircraft. He commented on JWA having a shorter runway and the inability of larger aircraft to use JWA. He noted that fleets will continue to upgrade as they move towards higher capacity more efficient engines. Council Member Petros reported that the FAA is currently fighting the City of Phoenix. In response to Council Member Duffield's question, City Manager Kiff addressed enforcement policies, who provides the enforcement, and what the consequences are. Council Members Petros reported that the FAA's Environmental Assessment comment period closed on October 8, 2015, FAA staff is reviewing all the comments, and there is a statutory requirement for them to respond to those comments. He commented on possible actions and the process by which information could be disclosed. He added that it will take about a month before results are communicated. City Attorney Harp agreed that would be a fair expectation adding that they may require a separate Environmental Assessment. City Manager Kiff commented on steps that could be taken to ensure proper communication to residents and added that it could be the role of the Aviation Committee to be an informative forum. Council Member Petros stated that he will work with staff to ensure media coverage and will work with staff to draft an invitation letter to Congressman Dana Rohrabacher's office and a representative of the FAA to participate in a meeting. He reported that he has spoken with Supervisor Michelle Steel and will follow-up to continue the dialogue. City Manager Kiff referenced Mr. Pearl's comments regarding avoiding actions that will affect new communities and commented on studying the departure pattern. In response to Mayor Pro Tem Dixon's question regarding working with the County, City Manager Kiff stated that standing at the table with the FAA and fixing MAGVAR are key points and are hand-in-hand with the County's points. He addressed the City's relationship Volume 62 - Page 464 City of Newport Beach Study Session and Regular Meeting October 13, 2015 with JWA and noted that the City is fortunate to have such a relationship. Mayor Selich noted that he lives in the area most affected by the airport and stated that he understands the problem. He expressed agreement with Council Member Petros regarding the need for a measured approach to the problem and continued work needed with the groups until an outcome can be determined. Council Member Duffield commented on the motivation side of the enforcement and City Manager Kiff noted that he always works closely with JWA. He added that residents can check on flight departures on their own via the web. Council Member Muldoon suggested that the City hire a Washington lobbying firm. City Manager Kiff stated that the City has not obtained a lobbyist on this issue, but that the City Attorney prepared a letter setting forth the City's concerns. SS4. Preparing the Community for an El Nino Winte'i+[100-20151 Public Works Director Webb provided a PowerPoint presentation to address the El Nino, prior similar events, average rainfall in the Basin, the need to continue conserving water, effects to Newport Beach, key tides, and other issues of coArl Municipal Operations Support Superintendent Auger addressed City efforts to prepare for El Nino, handle sensitive areas, and the need to use sandbags and sand berms. Public Works Director Webb discussed steps taken by the City to prepare for storms, working with homeowner associations to review their preparedness, the City's response preceding the storms, ensurin fing, and That residents can do to prepare. In response to Mayor Selich's qu tion, Municipal Operations Support Superintendent Auger commented on the possibilitNf bagging Balboa Island and the seawalls. Discussion followed regarding where to obtain sandbags and having residents be proactive. Mayor Pro Tem Dixon suggested getting the community involved and having an event for residents and staff to bag sand and work together to place them on the seawalls. Jim Mosher commented on tide predictions and noted the need for a correction regarding the size of tides. Municipal Operations Support Superintendent Auger reported that there has been an increase in tide heights over the years. SS5. Discussion Regarding City Council Policy F-9 (City Vehicle/Equipment Guidelines) [100-20151 Municipal Operations Director Pisani provided a PowerPoint presentation regarding the City's vehicle equipment guidelines. He addressed Council Policy F-9, vehicles and equipment by type, guidelines regarding years of service, maximizing usage and minimizing down time, highlights of existing equipment, types of vehicles in terms of high mileage, and changes that will result in savings. Mayor Selich congratulated staff for the savings and asked regarding replacing equipment and vehicles, ancillary equipment, the life of various vehicles, using improved technology, and asked regarding the rationale of having a special garage for Police vehicles. He added that he would like to see more studies done and a review of other cities' standard operating procedures. Council Member Petros stated that he would like to see a comparison to what other cities Volume 62 - Page 465 City of Newport Beach Study Session and Regular Meeting October 13, 2015 are doing, including vehicle turnovers. Council Member Muldoon suggested other possible metrics available to compare what other municipalities are doing. Council Member Duffield noted that many of the issues require a judgment call. He suggested having an annual inventory inspection. Mayor Pro Tem Dixon suggested basing the life of vehicles on mileage and vehicle inspections. She commended staff for the savings and asked regarding the potential of finding additional savings. She suggested the possibility of working with dealerships for cross -marketing strategies. Council Member Peotter commented on practices in the City of Irvine, including leasing vehicles. He stated that he would like to explore other possibilities. Council Member Curry believed this is a great start and commented on the need to rationalize internal fleet maintenance. He was unsure regarding leasing vehicles, believed that additional savings could be found by studying fleet maintenance. Mayor Pro Tem Dixon asked regarding discussions during a Finance Committee meeting regarding servicing and the possibility of developing a revenue center and increasing capacity opportunities. City Manager Kiff suggested adopting the policy in order to achieve the savings recommended, but it would be a work in progress. He agreed with the possibility of conducting a fleet study. Jim Mosher commented on the separate uses of vehicles in the Table of Expected Life. Additionally, he commented on the guidelines for replacement relative to annual inspections. A Municipal Operations Director Pisani pointed out that these are minimum replacement timeframes and stated that staff has extended almost all categories in the City's fleet. He added that this is driven by maintenance. He reported that the corporate yard's shop is a heavy equipment shop and addressed the amount of large equipment that is serviced there. Mayor Selich summarized that Council wants to do a little better in terms of additional savings. III. PUBLIC COMMENTS Jim Mosher asked whether there is good reason for talking about some of the Closed Session items in private. He addressed Item C and the court's decision standing by the City's determination. He questioned whether the mitigation has finished. 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. Volume 62 - Page 466 City of Newport Beach Study Session and Regular Meeting October 13, 2015 IV. CLOSED SESSION — 5:52 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Interim Assistant City Manager, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman; 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 Ne A Beach (PTEANB). B. CONFERENCE WITH REAL PROPERTY NEKIATO (Government Code § 54956.8): 1 matter Property Address: 2331 Zenith Avenue, Newport Beach, APN 439-021-12; 2301 Zenith Avenue, Newport Beach, APN 439-021-13; and 2332 S.E. Bristol Avenue, Newport Beach, APN 439-021-03 Agency Negotiator: Dave Kiff, Cit' Manager, Carol Jacobs, Interim Assistant City Manager, and Lauren IW_ hitlinger, Real Property Administrator Negotiating Parties: Count ange, Cali"f"ornia Under Negotiation: Price an s of payment C. CONFERENCE WITH LEGAL COU EL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Woody's Group, Inc. et al. v. City of Newport Beach Orange County Superior Court Case No. 30-2013-00687091 V. RECESS VI. RECONVENED AT 7:00 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 announced that the City Council has accepted a settlement offer from Woody's Group Inc. to settle the litigation between the parties. Pursuant to the terms of the settlement agreement, the City will pay Woody's $355,000. The agreement will only become effective if the City Council agrees to amend the Conditional Use Permit which regulates Woody's Operations. The motion was made by Council Member Peotter, with Mayor Selich seconding the motion. Mayor Volume 62 - Page 467 City of Newport Beach Study Session and Regular Meeting October 13, 2015 Selich and Council Members Muldoon, Duffield, and Peotter voted in favor of entering into the settlement. Mayor Pro Tem Dixon and Council Members Curry and Petros voted against entering into the settlement. IX. PLEDGE OF ALLEGIANCE - Council Member Peotter X. INVOCATION - Pastor Jack West, Mariners Church Irvine XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Petros provided a brief update of the October 2, 2015 Movie in the Park event where Frankenweenie was shown. He noted the event was an overwhelming success. Mayor Pro Tem Dixon reported that the California Coastal Commission approved the Lido House Hotel project during its meeting last week. She thanked City staff for their work and efforts in this matter, as well as the developer, Bob Olson. Council Member Muldoon reported attending the recent League of California Cities Annual Conference. He announced that he also attended the Pizza Bar grand opening on the Peninsula, noting that it is dedicated to serve the hearing impaired. Council Member Duffield commented on the conclusion of the Dover Drive construction. Council Member Curry reported attending the League of California Cities Annual Conference and highlighted various sessions he attended. He addressed an event at the Great Park in Irvine and encouraged residents to attend. He announced that the City won an award from the Municipal Information Systems Association of California. Mayor Selich reported attending the Bahia Corinthian Yacht Club remodeling celebration; the Coastal Commission Meeting regarding Lido House Hotel; and the Art in the Civic Green event. He announced a free document shredding event on November 7, 2015, from 8:00 a.m. to noon at Mariners Elementary School in collaboration with CR&R. He encouraged residents to contact CR&R at 877-728-0446 for more information. He commented on an incident on Balboa Island relating to the use of a golfs cart. He reported that a town hall meeting was held to discuss the matter and asked that the matter be brought before Council for consideration of developing a golf cart transportation plan. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Strategies to reduce traffic conflicts on Ocean Front Walk - surreys, Segways, skateboards, electric bikes, more (Dixon) Motion by Mayor Pro Tem Dixon, seconded by Council Member Peotter, to direct staff to bring the item back for Council consideration at a future 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 Tem Dixon, Mayor Selich XIV. PUBLIC COMMENTS ON CONSENT CALENDAR - None Volume 62 - Page 468 City of Newport Beach Study Session and Regular Meeting October 13, 2015 XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 22, 2015 Study Session and Regular Meeting [100-20151 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. ORDINANCES FOR ADOPTION 3. Ordinance Restricting Trucks on Ridge Park Road [100-20151 Conduct second reading and adopt Ordinance 2015-28, An Ordinance of the City Council of the City of Newport Beach, California, Extending Section 12.32.022 of the Newport Beach Municipal Code Prohibiting Commercial Vehicles over Eight Thousand (8,000) Pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road. Second Reading of Ordinance No. 2015-29 Relating to Changes in Cost of Service Subsidies and Ordinance No. 2015-30 Relating to City Manager Discretion to Waive EMS Fees and Charges [100-20151 a) Conduct second reading and adopt Ordinance No. 2015-29, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery; and b) Conduct second reading and adopt Ordinance No. 2015-30, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.60 of the Newport Beach Municipal Cod Paramedic Service User Fees). Council Members Peotter, Duffield, I d Muldoon voted no on this item RESOLUTION FOR ADOPTION 5. Adoption of Police ManAge t Association Memorandum of Understanding [381100- 20151 Adopt Resolution No. 2015-8 , A Resolution of the City Council of the City of Newport Beach, California, Adopting the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Management Association for the period January 1, 2015 through June 30, 2018. CONTRACTS AND AGREEMENTS 6. Approve Purchase of 14 Boats from West Coast Sailing for Marina Park Boating Program [38/100-2015] Approve Sole Source Purchase with Purchase Agreement between the City of Newport Beach (City) and West Coast Sailing (WCS) for a total of $161,213.80 which includes use tax owed to the State of California. 7. Amendment No. One to the Professional Services Agreement with Sampson Oil Company for Oil Well Management Services [38/100-20151 Authorize the Mayor and City Clerk to enter into Amendment No. One to the Professional Services Agreement with Sampson Oil Company to increase compensation for an amount not to exceed $720,000 and extend the term of the agreement for an additional 18 months. Volume 62 - Page 469 City of Newport Beach Study Session and Regular Meeting October 13, 2015 8. Upgrade of City Microwave Radio Infrastructure - Award of Contract [38/100-20151 Award contract to Petroleum Telcom, Inc. for a total bid price of $207,793.33 and authorize the Mayor and the City Clerk to execute the contract. Council Member Curry and Council Member Muldoon recused themselves from this item due to financial reasons. MISCELLANEOUS 9. Planning Commission Agenda for the October 8, 2015 Meeting [100-2015] Receive and file. 10. Budget Amendment to Accept a Check in the Amount of $18,000 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2015/2016 Maintenance and Operation Budget [100-2015] Approve a Budget Amendment No. 16BA-009, to increase revenue estimates by $18,000 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 010606 (Literacy Services). 11. Acceptance of Grant Funding for the Commu ty Paramicine Pilot Project [100- 2015] a) Accept the grant funding in the amount of $125,000 to be utilized for data collection and reimbursement for participating health care providers; and b) Approve Budget Amendment No. 16BA-008. 13. City Hall and Limited Off -Site Holiday Closure (Beginning at Noon, December 24, 2015 through January 1, 2016) [100-20151 Approve closing City Hall and providing limited strvices at off-site facilities beginning Monday, December 28, through Thursday, December 31, 2016. The proposed closure does not apply to public safety and services or emergency on-call functions. 15. Sewer Rate Study Results [100-20151 a) Review the results and proposed recommendations of the sewer rate study; b) Direct staff to And rate notices to customers in compliance with Proposition 218 and Resolution No. 2009-58; and c) Set the date of January 12, 2016, for tabulation of protests and public hearing of proposed rates pending results of protests. Council Members Peotter, Duffield, and Muldoon voted no on this item Motion by Mayor Pro Tem Dixon, seconded by Council Member Peotter, to approve the Consent Calendar, except for the items removed (Items 12 and 14); and noting the recusals by Council Members Curry and Muldoon on Item 8, and the no votes by Council Members Peotter, Duffield, and Muldoon on Items 4 and 15. 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 Tem Dixon, Mayor Selich Volume 62 - Page 470 City of Newport Beach Study Session and Regular Meeting October 13, 2015 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. Appointment of a New Finance Committee Member to Fill an Unscheduled Vacancy [100-2015] Council Member Curry discussed Council Member Peotter's previous appointment and association with a former Finance Committee member. He stated that he has respect for Mr. Mosher but noted he has advocated positions that would be counterproductive. He indicated that he hoped Mr. Mosher would remain an outside watchdog which is something he is very good at and stated that, even by his own comments, he does not meet the requirements to be on the Finance Committee and his participation would raise concerns regarding the Brown Act and his attendance at multiple City meetings. He recommended following the process, having people apply for the position, going through the interview process, and appointing a qualified candidate to the Committee. He stressed the need to diminish the politicization of this committee. Ak Jim Mosher stated that he is a registered voter and has no political association with Council Member Peotter. He indicated that, if appointed kromises to do a good job on the Finance Committee. Motion by Council Member Peotter, seconded by Council Member Duffield, to confirm Council Member Scott Peotter's appointment of Jim Mosher to fill the unexpired balance of Bill McCullough's term on the Finance CommittSM Council Member Muldoon commented positively regarding Mr. Mosher, but stated he would abstain on the vote. Ar N� Council Member Peotter stated that he is happi and proud to nominate Mr. Mosher to the Finance Committee. He commented on Mr. Mosher's knowledge of the City budget and stated that he is not a political appointee and has not donated to his campaign. He asked for Council's support on the matter. J Mayor Pro Tem Dixon commented positively on Mr. Mosher's additions to discussions and the value of many of his ideas. She addressed the requirement for candidates to have served in a financial position for 15 to 20 years. Therefore, she stated she will not support the motion. The motion failed by therfollowing roll call vote: Ayes: Council Member Peotter, Council Member Duffield Noes: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich Abstain: Council Member Muldoon 14. Urban Water Management Plan [100-2015] Council Member Petros referenced the media reporting that the City has failed to meet its water -saving rationing percentages and reported receiving emails stating that the City should do more. He noted that the greatest percentage in reduction that the City ever hopes to get is by residents doing what they can. He requested that, on a regular basis, staff provide a report of how residents are doing with water conservation. Municipal Operations Director Murdoch agreed to follow-up on the matter. Motion by Council Member Petros, seconded by Mayor Pro Tem Dixon, to receive and file the report. Volume 62 - Page 471 City of Newport Beach Study Session and Regular Meeting October 13, 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 Tem Dixon, Mayor Selich XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Wayne Harropson believed that Council needs to apologize to Council Member Peotter for its attempt to censure him relative to his comments regarding gay marriage. Jim Mosher noted that having the Finance Committee candidate have financial experience is not a requirement, but hoped that this would be included in the vacancy notice. Additionally, he commented on the rollout of the new agenda and voting system and commended City staff for their responsiveness and their continued effort in collating the agenda and including all meeting minutes in a single, searchable, database. He pointed out that, pursuant to City Council Policy A- 9, the City's committee structure is supposed to be reviewet October of each year. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. Council Member Petros commented on a recent Aviation Committeeting, as well as acting as a judge in the Corona del Mar Sandcastle Contest.jm Mayor Pro Tem Dixon announced the upcoming ting of th-Nalboa Village Advisory Committee (BVAC). Council Member Duffield reported attending a field trip with t atershed Committee. Council Member Curry PUBLIC HEARING A==Eq I 16. Woody's Wharf Use Permit 158) [100-20151 a ing meeting of the Finance Committee. t located at 2318 Newport Boulevard (PA2015- Senior Planner Ramirez presented a PowerPoint presentation, addressing location, surrounding uses, site plan, floor plan, potential noise impacts, the Newport Bay Marina project, existing wall on the property line, and a summary of the request. He also provided findings and recommendations. Mayor Selich opened the public hearing. Roger Diamond, attorney for Woody's Wharf, thanked staff and urged Council to approve the application. Jim Mosher commented on the Settlement Agreement and believed that, by hearing the matter at this time, City Council is violating its own ordinances. He referenced a memo that he sent to Council regarding Conditional Use Permits (CUPs) being under the jurisdiction of the Planning Commission and added that the request to amend the CUP should be reviewed by them. City Attorney Harp explained the rationale of having Council review the matter, pursuant to the Municipal Code. He added that City Council was the last body that considered the CUP and that it is appropriate for Council to review the proposed changes. Community Development Director Brandt added that staff consistently provides the last reviewing body any amendments to CUPs. Volume 62 - Page 472 City of Newport Beach Study Session and Regular Meeting October 13, 2015 Dennis Halloran spoke in opposition to having an operating nightclub in a residential area. He commented on the lack of a Police Department statement in the staff report. He suggested that Council disclose any campaign contributions from related parties. Kent Stoddard expressed opposition, noting that the area has a high concentration of alcohol licenses and alcohol-related crimes. He believed that approval will result in more crimes and urged Council to oppose the amendment. Norm Einhorn took issue with the noise from Woody's Wharf, noting they knew that they were buying property near a restaurant, but not a nightclub. He urged Council to oppose the requested amendment. Jerry Conrad, Partner of Newport Bay Marina, addressed sound studies for the Woody's Wharf project and noted that no studies were done from nearby properties. Steve Mills, Representative for Newport Bay Marina,^tated they are not against Woody's Wharf, but merely expect compliance with noise requirement&,in the Municipal Code. Robert Schmidt, RS Acoustics, reported on aAO recent noise,study at Woody's Wharf and commented on his company's experience working in the Ci. e addressed measurement protocols and methodology used in the study. Gary McKitterick, attorney for Newport Bay Marina, asked the City to anticipate and work with them to address noise issues since it accelerates later in the evening. He asked Council and Woody's Wharf representatives to address noise in advance and enter into an agreement to mitigate noise in cases of non-compliance. He asked that Council address adjacent businesses and ask Woody's Wharf to be a good neighbor. He asked that the CUP be modified to include conditions in which mitigations 11 be included within the project. Roger Diamond stated that they do not agree with the opposition and urged Council to approve the CUP as requested. He reported that Woody's Wharf will comply with the City's noise ordinance. V Hearing no further testimony, Mayor Selich closed the public hearing. Mayor Pro Tem Dixon cbmmefited on the coexistence of residential and commercial activity in the area. She stated that she would love to see Woody's Wharf be a respectable member of the community and respect City ordinances. She added that residents should not be burdened to report code violations to the City, but would like Woody's Wharf to participate in a City - sponsored noise study to be done quarterly to ensure compliance. Council Member Muldoon requested and received procedural background and a history of this case from Assistant City Attorney Torres. Council Member Muldoon commented on problems resulting from City Council bias, noting the appellate court cited it in their decision regarding this case. Council Member Curry commented on the history of this case and former Council action. Additionally, he discussed campaign contributions from Woody's Wharf to Council Member Peotter's campaign. He stressed the need for better campaign laws. Council Member Peotter commented on this being caused by actions of the previous Council. He commented on his involvement in the project and noted the City's noise ordinance. He Volume 62 - Page 473 City of Newport Beach Study Session and Regular Meeting October 13, 2015 addressed his support of private property rights and spoke in support of the proposed amendment and the project. Council Member Duffield stated that he is very confident that Woody's Wharf will comply with the City's noise ordinance. Council Member Muldoon commented on the appeal and expressed support of property rights. Motion by Council Member Peotter, seconded by Council Member Duffield, to a) waive the Conditional Use Permit filing fee; b) find the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities); and c) adopt Resolution No. 2015-75, A Resolution of the City Council of the City of Newport Beach, California, Approving an Amendment to Conditional Use Permit No. UP2011-010 (and Re -Number as UP2015-037) to Modify Opening Hours and Closing Hours; Design and Operational Conditions of Approval Related ^ the Outdoor Dining Area Patio; Days Patron Dancing is Allowed; Use of the Easterly Outdoor Patio; and Modifying Operational Conditions of Approval at an Existing Eating a Drinking Establishment Located at 2318 Newport Boulevard (PA2015-158). The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Du!field, Council Member Muldoon, Mayor Selich Noes: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon XX. CURRENT BUSINESS _ilk 17. Proposed Budget Prep-aration Framework [100-2015] , City Manager Kiff refd the staff report and added that the report suggests several in depth looks into the process, the first of which will be this upcoming Thursday. It was the consensul of the City Council to proceed with the proposed Budget Preparation Framework as outlined in the staff report. 18. Underground Utility Assessment Deferral Program [100-2015] Finance Director Matusiewicz addressed assessment districts, purpose, payment of assessments by property owners, options for payment, inquiries regarding the City's willingness to sponsor and administer an undergrounding utility district or deferral program, and determining the City Council's willingness to approve a new assessment deferral program and identify eligibility requirements, the process and terms. He commented on financial risks and policy issues, and provided recommendations. Mayor Pro Tem Dixon expressed support of a deferral program, but asked for consideration of risk mitigation factors, including keeping the plan simple, conforming to other programs in terms of accessibility to seniors and depending on age and income, and considering transferability of the property. Council Member Petros spoke in support of the item. He commented on income being the primary consideration for qualification, that the home be the primary place of residence, and including a clear direction about transfers. Finance Director Matusiewicz addressed potential concerns and Council Member Petros suggested setting interest at CPI. He asked whether it Volume 62 - Page 474 City of Newport Beach Study Session and Regular Meeting October 13, 2015 can be specified that the total amount of participation not exceed a determined value. Finance Director Matusiewicz commented on capping it in some way. Council Member Curry discussed issues involved with this item and spoke against putting the City in the business of being a bank. He added that this would result in accumulation of a huge tax liability when the house sells, which would drive down the value of the home, to compensate for the purchaser having to make a huge tax payment. Council Member Muldoon asked regarding the amount put in place in the 1989 Deferral Program and Finance Director Matusiewicz stated that, in today's dollars, it would be about $45,000. Discussion followed regarding estimating the number of households that would be eligible, affordable housing in the City, new development agreements, and the need for additional research. In response to Council Member Peotter's question, Finance Director Matusiewicz noted that this type of loan is available in the private sector. AKe commented on the various loans available to residents and Council Member Peotter agreed wy�h Council Member Curry that he would rather the City not turn into the banking business. Mayor Pro Tem Dixon commented on actions to be taken at this time and stated that she would be interested in investigating the possibility of aligning with a bank. She spoke in support of staff returning with the pros and cons of the proposal and bring back an analysis of how this could be accomplished. Council Member Petros asked regarding the availability and cost of those loans as discussed at a prior meeting. Deputy Public Works Director Vukojevic commented on related costs and noted that there are ways of obt� funding. He discussed property tax assessment and deferment. Dennis Baker stated that he will not be asking for a deferment, commented on a conversation he had with an elderly neighbor regarding the matter, and noted that relative to property values, the issue does not involve huge numbers. He added that participation may be low and commented on potential psychological impacts. William O'Neill, Member of the Finance Committee, suggested sending this matter to the Finance Committee for review. Mayor Selich stated that he is in general support of the program, but does not believe the participation rate will be too high. Motion by Mayor Pro Tem Dixon, seconded by Council Member Petros, to refer the concept of the Deferred Assessment Loan Program to the Finance Committee for review. 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 Tem Dixon, Mayor Selich Volume 62 - Page 475 City of Newport Beach Study Session and Regular Meeting October 13, 2015 19. Petition Certification for Proposed Underground Assessment District Nos. 111 (Area Bounded by: 23rd Street, West Oceanfront, 30th Street and Balboa Boulevard); and 116b (Area Bounded by: 45th Street/Channel Road, Channel Park, River Avenue/47th Street and Neptune Avenue) [89/100-20151 Council Member Muldoon recused himself from this item as he is involved with a telecommunications company. Council Member Curry recused himself from this item as he has a stockholder conflict. Deputy Public Works Director Vukojevic provided a PowerPoint presentation to address details of the requests, location, surrounding properties, and staff recommendations. In response to Council Member Peotter's question, Deputy Public Works Director Vukojevic explained how, in the revised process, the risk to the City is reduced since estimates are based on preliminary engineering amounts. Mayor Pro Tem Dixon spoke in support of the iteand commented on the lower risk. Jim Mosher asked whether the accelerated system is available for public review. Craig Batley commented on his involvement in Assessment District 111, addressed cost savings to property owners, and urged Council to approve the item. Motion by Council Member Petros, seconded by Council Member Peotter, to a) adopt Resolution No. 2015-81, A Resolution of the City Council 'of the City of Newport Beach, California, Accepting Petition of Assessment District No. 111; and b) adopt Resolution No. 2015-82, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 116b. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Mayor Pro tem Dixon, Mayor Selich Recused: Council Member Muldoon, Council Member Curry XXI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - Adjourned at 9:28 p.m. in memory of Council Member Curry's father, Leslie H. Curry. 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 October 8, 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 October 9, 2015, at 8:45 a.m. Recording Secretary Volume 62 - Page 476 City of Newport Beach Study Session and Regular Meeting October 13, 2015 City Clerk Mayor Volume 62 - Page 477