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HomeMy WebLinkAbout01 - MinutesFebruary 13, 2018 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting January 23, 2018 ROLL CALL - 5:00 p.m. Present.: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 5:31 p.m.), Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield [I. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Balboa Peninsula Trolley Program Review — Recommendations Going Forward Deputy Public Works Director Vukojevic and Assistant. City Engineer Sinacori thanked the City Manager's Office, Municipal Operations Department., Police Department, and Finance Department for their assistance in the project. Utilizing a PowerPoint presentation, first year daily ridership, ridership by hour and stop, overview of the program, route and stops with proposed modifications, Balboa Village Advisory Committee (BVAC) recommendations, staff recommendations, and the cost summary were highlighted. In response to Council questions, Public Works Director Vukojevic and Assistant City Engineer Sinacori reported that the Orange County Transportation Authority (OCTA) typically subsidizes up to $9/rider for these types of programs, Orange County has 17 of these programs with the City's ranking fourth in ridership, OCTA contributed $685,000 in grant funds and BVAC contributed $130,000, the City covered the remainder of the costs, the grant is based on ridership for the summer, the trolleys were leased, described the start-up costs, explained that BVAC's portion came from parking revenues and are restricted funds, described other projects BVAC funded, discussed OCTXs Route 47 bus, and explained that other city trolley systems were studied. Council Member Dixon emphasized that the trolley program was designed to bring people to Balboa Village to drive economic activity throughout the Balboa Peninsula. Craig Batley commended the trolley program, explained the benefits of the program for vacation rental visitors, and encouraged Council to continue the program for at least, another year. Jim Stratton, BVAC member, described the improvements that, have occurred in and the impact. the trolley program has had to Balboa Village and the Peninsula. Steve Rosansky, President of the Newport Beach Chamber of Commerce, noted his initial skepticism about the trolley program, butbelieved it relieved traffic on the Peninsula. He encouraged the continuation of the program for at least one or two years. Marcel Ford, BVAC member, believed the trolley program allowed potentially thousands of people to come to Balboa Village and requested that the program continue. Ceorge Schroeder noted that, if the City did not, use OCTA's grant funds, it would have been allocated to other programs in the County. He commended the trolley program and supported continuing itfor at least another year. Volume 63 - Page 425 City of Newport Beach Study Session and Regular Meeting January 23, 2018 W. R. Dildine stated he had heard positive feedback about the trolley program but the City may need more trolleys, described Laguna Beach's and Dana Point's trolley programs, encouraged continuance of the program, and believed the trolley drivers were more courteous than OCTA drivers. Jim Mosher stated the Trolley is a welcome service. However, he indicated that someone at a workshop he recently attended criticized the trolley program, believing it was really more of a bus system that people could not. hop on and off of, traffic backs up when it, stops, and the trolleys not being full. He asked if the drivers keep track of how many seats are filled and if an accurate figure of how full the trolleys were on average, was available Following discussion, Deputy Public Works Director Vukojevic noted the grant was for seven years but can evaluate the program after another year, requested direction from Council, noted Hoag Hospital cannot commit to a long term parking solution, discussed the parking lot. at, Tustin Avenue/Avon Street and how riders may receive a parking code for riding the trolley, and the cost. of using electric trolleys. Mayor Duffield commended Council Member Dixon for getting the program going. He encouraged looking into using some electric, open trolleys. Withoutobjection, it was determined to move forward with staffs recommendations and conduct an annual review after the summer season. III. PUBLIC COMMENTS - None City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV_ CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport, Beach Firefighters Association (NBFA); Newport. Beach Police Association (NBPA); Newport. Beach Police Management. Association (NBPMA); and Newport. Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 9 matters The Newport, Beach Lifeguard Management Association (NBLMA), the Newport Beach Police Management Association (NBPMA), the Newport. Beach Police Association (NBPA), the Newport. Beach Firefighters Association (NBFA), the Laborers International Union of North America Local 777 (as affiliated with and on behalf of the Newport. Beach Professional and Technical Employees Association (NI3TEA) and Newport. Beach City Employees Association (NBCEA)), on behalf of the current and former members of said unions, as well as Vladimir Anderson and Robert. Salerno, in their individual capacities, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case of Flores o. City of Sa.n. G(t.briel (9th Cir. 2016) 829 F.3d 890 which may result, in litigation against the City of Newport Beach related to the calculation and payment of overtime compensation. Volume 63 - Page 426 City of Newport Beach Study Session and Regular Meeting January 23, 2018 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1 Newport Pier, Newport Beach, California 92663 Agency Negotiator: Seimone Jurjis, Community Development Director Lauren Wooding, Real Property Administrator Negotiating Parties: Blue Water Grill Under Negotiation: Instruct negotiator as to price and terms of payment. D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Ashley Lauren. Watts v. City of Newport Beachel. al. United States District Court Case No. 8:17-cv-01099-AG(SKx) V. RECESSED - 5:52 p.m. VI. RECONVENED AT 7:03 P.M. FOR REGULAR MEETINQ VII. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Reverend Joy Price, Christ Church by the Sea X. PLEDGE OF ALLEGIANCE - Council Member Dixon XL NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS N SSION ITE Council Member Herdman: • Announced that the third John Wayne Airport Issues Forum will be held on January 26 at 3:00 p.m, in the City Council Chambers and the next forums are scheduled for February 9 and March 9, the Aviation Committee will meet on February 12 at 4:00 p.m. in the Community Room, and Harbor Patrol will begin ticketing stand up paddlers who are not wearing lifejackets • Attended the Newport Beach Chamber of Commerce Government Affairs Committee meeting on January 18 and commended Mayor Pro Tem O'Neill who was the featured speaker Council Member Muldoon: Requested the City invite Early Warning Labs to present their early earthquake warning technology to the City Council Council Member Dixon: + Announced her next. Town IIall meeting will be held at Marina Park on February 5 at 6:30 p.m. and the Citizen Emergency Response Team (CERT) Annual Dinner will be held at the OASIS Senior Center on January 24 at 6:00 p.m. Mayor Pro Tem O'Neill: + Announced Restaurant Week and that the City is offering programs for adults with special needs • Attended the Newport Coast Neighborhood Watch meeting and the Shell Gas Station ribbon cutting Volume 63 - Page 427 City of Newport Beach Study Session and Regular Meeting January 23, 2018 + Pursuant to City Charter Section 410, requested the City look into issuing subpoenas to the company and individuals for the alleged fraud that, occurred relative to the recall petition Mayor Duffield: + Displayed a slide from today's EV charging station ribbon cutting ceremony, discussed the efficiency of electric motors, and announced there was no cost to the City to install them City Manager Kiff announced that the City Council will be holding the annual Planning Session meeting at. Marina Park on January 29 at 5:30 p.m. Xi11, MATTERS WHICH COUNCIL MEMBERS ASKED TO BE PLACED ON A FUTUR AGENDA Consideration of whether the Zoning Code should be changed to require that certain construction projects that significantly impact parking in residential neighborhoods should have a parking management plan (Peotter) The City Council concurred to place the matter on a future agenda. ■ Consideration of placing a permanent aviation noise monitor (it would be a non - regulatory monitor) on or near Balboa Island (Peotter) The City Council unanimously concurred to place the matter on a future agenda. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR - None XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 9, 2018 City Council Meeting [100-20181 Waive reading of subject minutes, approve as written, 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. CONTRACTS AND AGREEMENTS 3. Annual Concrete Replacement Program - Award of Contract No. 7168-1 (18R06) [38/100- 20181 a) Find this project exempt from the California Environmental Quality Act, (CEQA) pursuant. to Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant, effect, on the environment.; b) Approve the project specifications; c) Award Contract No. 7168-1 to Nobest, Inc. for the total bid amount of $784,000.00, and authorize the Mayor and City Clerk to execute the contract., d} Establish a contingency of $80,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work notincluded in the original contract; and r} Approve Budget, Amendment. No. 18BA-024 transferring $100,000.00 from the Utilities Yard Tipping Floor project (Account, No. 70201932-980000-18WI4) to Account. No. 70201932-980000- 18806; $201,400.00 from Account No. 01201927-980000-15R14 (Corona del Mar Concrete Replacement) to Account No. 01201927-980000-181106; and $22,600.00 from 01201927-980000- 17806 (FY 2017 Concrete Replacement,) to Account No. 01201927-980000-18806 for FY 2018 Concrete Replacement, Program. Volume 63 - Page 428 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Mayor Pro Tem O'Neill recused himself on Item 3 due to real property interests within 500 feet of the project. Amendment of Professional Services Agreement with Psomas DBA BonTerra Psomas for Environmental Services for the Proposed Harbor Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210) (C-7075-1) [381100-20181 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the amendment, to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 5. Pulled from the Consent Calendar. MISCELLANEOUS 6, Planning Commission Agenda for January 18, 2018 [100-20181 Receive and file. Motion by MavoxPro Tem O'Neill, seconded by Council Member Peotter' to approve the Consent. Calendar, except for the item removed (Item 5); and noting the recusal by Mayor Pro Tem O'Neill on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Mein her Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 1i. Agreement for Refuse Container Collection Services with Robert's Waste & Recycling, Inc. (C-8537-1) [38/100-20181 Council Member Dixon explained why the item was continued from the January 9, 2018 City Council meeting and requested clarification about the Request for Proposals (RFP) process. Jay Ware, General Manager of Ware Disposal, indicated he watched the video from the January 9 meeting and was not, contacted afterwards about their proposal. He provided information and explanations relative to the questions related to their RFP submission and indicated that Ware Disposal is interested in being awarded the agreement.. In response to Council questions, Mr. Ware confirmed that Ware Disposal understands and can meet all the requirements set forth in the RFP, and expanded on their qualifications and capabilities. Municipal Operations Director Pisani reported that, had Ware Disposal answered all the questions, they would have received a higher score. Further, they recently responded to a different RFP and were awarded the agreement. Purchasing Agent Nguyen explained the difference between an RFP and a bid procurement process, and why they did not contact Ware Disposal for more clarification on their submission. Jim Mosher noted that the updated proposal is for 630 containers, not. 860 containers, and since some are located in parks, will be handled by Mariposa. Ile asked if Mariposa had the capability to sort green waste from trash. Volume 63 - Page 429 City of Newport Beach Study Session and Regular Meeting January 23, 2018 For both RFPs and bids, Roger Lockhart believed there is a presumption the minimum requirements can be met without needing to state so and requested that the language be made clear in the future. Council Member Avery indicated that Ware Disposal probably made the assumption that no response was in compliance and the City may need to take that into consideration. Purchasing Agent. Nguyen clarified that Ware Disposal's proposal was responsive; however, Robert's Waste and Recycling provided more information, and therefore scored higher. He emphasized that the City can only consider what was submitted, not what is known about the proposer. In response to Council Member Peotter's question, City Manager Kiff indicated that, if Council determines they want to award the contract. to Ware Disposal, staff requests that Council extend Robert's Waste and Recycling's contract for at least a month, then negotiate with Ware Disposal. Motion by Council Member Peotter..siecondesl by Council Member Dixon, to extend the current agreement with Robert's Waste and Recycling for 30 days, and direct staff to negotiate a contract with Ware Disposal for the revised scope of work. Council Member O'Neill requested and received clarification from City Attorney Harp that the agreement would not. need to be rebid or the technical score adjusted, as long as Ware Disposal uses the same pricing system; however, Council does have the option to request that a new RFP be issued for the agreement. City Manager Kiff expressed concern since the RFP process was fair, both proposers understand what should be submitted, and doing this could send the wrong message to future bidders. City Attorney Harp noted that City Manager Kiff was correct in pointing out that this is not the City's typical process. Council Member Dixon requested an amendment to the motion to allow Robert's Waste and Recycling to continue until June 30, 2018, and then reissue another RFP. Without objection, Council Member Peotter added to the motion that, if Ware Disposal is not willing to negotiate by the end of February 2018, staff is directed to issue a new Request for Proposals or Request for Bids solicitation. Council Member Avery received confirmation from Purchasing Agent Nguyen that it is uncommon that they receive no responses to key elements in a proposal and likened this to not answering the supplemental questions in a job application. Substitute motion by Mayor Pro Tem O'Neill, seconded by Council Member Dixon, to a) determine this action is exempt, from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) reject all proposals, extend the current. agreement with Robert's Waste and Recycling through June 30, 2018 for $115,510, and direct staff to issue a new Request for Proposals or Request for Bids solicitation. The substitute motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Nays: Council Member Peotter XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Lesley Miller expressed support for the trolley program and suggested enlisting the help of the City Arts Commission to call for artists to develop designs on the trolleys or use vinyl wraps of old City beach photos. Volume 63 - Page 430 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Walt Naidus expressed concerns and raised questions relative to parking meters throughout the City. City Manager Kiff indicated he would look into the issues and contact Mr. Naidus. Jim Mosher believed that over the nine years he has been attending City Council meetings, the City has adopted many bad laws with unclear language and the public should have a simple and inexpensive method to go before the City Council to dispute staff decisions. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX. PUBLIC HEARING f. Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) — continued from the January 9, 2018 City Council meeting [100-2018] Community Development Director Jurjis and Deputy Community Development Director Campbell provided the staff report and utilized a PowerPoint presentation to describe the site, history, land uses, parking/circulation issues, pilot program, use permit, the appeal, and alternative actions. In response to Council questions, Deputy Community Development Director Campbell indicated the amended conditional use permit. would need approval in order to continue the pilot program changes, noted the applicant, voluntarily changed the parking fee for employees, explained water- side and excursion parking plans, and confirmed that all excursion businesses should be included in the parking management plan. Knowing well in advance that there will be a large event, Council Member Dixon believed the parking issue should be handled between the appellant, and applicant. She commended DJM Capital for implementing the pilot. program. Mayor Duffield opened the public hearing. Mark Huston, Electra Cruises, detailed parking concerns that sparked the reason for the appeal, noted the small shuttle, currently being provided by DJM Capital, would not work for their guests and is meant, for the employees, believed allowing employees to park in the structure poses a problem for them, highlighted what Electra Cruises has done to assist their guests in the structure, suggested charging employees for parking from Friday to Sunday so they would use the shuttle, and discussed the agreement with DJM Capital that is not being followed. Lindsay Parton, DJM Capital, indicated they provided offsite parking, suggested Electra Cruises' employees park offsite and not in the structure, and believed they are living up to the agreement to provide a shuttle. Jim Mosher took issue with and questioned the language in the staff report and agreement, and asked how many employees were expected to be at the site at one time. Tera Stephens, Tress Apothecary + Salon, believed that parking has improved for employees and customers. Rod Tap believed Lido Village businesses cause parking problems in the residential area, which affects their property values; and staff needs to evaluate the suggestions and present alternatives. Jennifer Talon noted that free parking has helped, but there is still an issue in the residential area, and described an incidentwith an Elyse Walker employee. She indicated her sister used Electra Cruises for her wedding and they never offered offsite parking. Volume 63 - Page 431 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Ingrid Yankauskas expressed safety concerns in the residential area due to speeding drivers needing to get to an Electra Cruises event. She believed Electra Cruises needs to work with DJM to fix the problem. Roger Lockhart believed a dynamic parking plan needs to looked at, even Citywide. Summer Holly, Elyse Walker, anticipated that parking will get better. She stated she monitors whether her employees are parking on the top level of the structure and her customers are no longer experiencing parking issues. Brian Gaa noted that some employees and business owners do not, park in the structure, and expressed concern for where Lido House Hotel employees and restaurant patrons are going to park. Chris Benson indicated that Lido House Hotel is supposed to have a parking plan for large events which might affect the Finley tract. He believed the tract needs parking permits and asked if the City could assist the residents in this effort, Kirsten Gaa expressed safety concerns for pedestrians with the streetlight timing on Finley Avenue and Newport Boulevard.. Mr. Huston clarified that Electra Cruises does not have a shuttle or offsite parking, and DJM Capital is supposed to provide them. He believed solving the problem for the Finley tract would create problems for other areas. Council Member Peotter noted that the landlord assists and guides the tenants and patrons, but the tenants also need to cooperate. He indicated it appears that Electra Cruises is not cooperating. Mr. Huston reiterated that DJM Capital is obligated to provide offsite parking and a shuttle at. DJM Capital's expense, and the small shuttle that is currently being provided is notmeant for Electa Cruise's guests. Hearing no further testimony, Mayor Duffield closed the public hearing. Council Member Dixon read D.2. of the parking agreement between Electra Cruises and DJM Capital and reiterated that the landlord and tenant need to find a solution. Deputy Community Development. Director Campbell confirmed that the proposed conditional use permit includes language to adjustthe conditions if they receive Community Development. Director approval. He expressed the opinion that the pilotprogram provided measurable results, Council Member Peotter believed that the Finley tract. is paying the price for the dispute between DJM Capital and Electra Cruises, the parking management plan can assist in solving the problem, and the goal should be to keep vehicles out of the Finley tract. At Mayor Pro Tem O'Neill's request., City Attorney Harp clarified the effect of Council's action relative to the appeal and added that it is a priority for Council to work with the Finley tract residents. Council Member Dixon assured the Finley tract, residents that Council is listening. She thanked DJM Capital for being responsive and amending the parking management, plan, Electra Cruises for being a business partner, and everyone for working together to reduce the impacts to the residents. Motion by Council Member Dix2n,_secQnded by Council Member Peotter, to a) find this project. exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to Volume 63 - Page 432 City of Newport Beach Study Session and Regular Meeting January 23, 2018 have a significant effect on the environment; and b) adopt Resolution No. 2018-2, A Resolution- of Me City Cou,n.ci.l of the City of Newport Beach, California, Denybig a.n Appeal Filed by Electra Cruises Inc. anal Approinng Conditional Use Permit No. UP2017-019 Au.thorlvn.g a Parking Marnagemen.t Plan, a. Parking Reduction, and Off -Site Pa.rkMg for Lido Mari.na. Village and Superseding Con-dit.ima.l Use Permit No. UP20I4-014 (PA2017-135). The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 9:04 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on January 18, 2018, at 4:00 p.m. Leilani I. Brown City Clerk Duffy Duffield Mayor Volume 63 - Page 433 CITY OF NEWPORT BEACH City Council Minutes Planning Session (Special Meeting) January 29, 2018 I. ROLL CALL - 5:30 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Hordman, Council Member Scott. Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield Absent: Council Member Kevin Muldoon (excused) Pledge of Allegiance - Council Member Avery 11. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS Susan Skinner requested that, a goal be added for the City to reestablish trust with the residents and provided examples of issues from the previous General Plan Update:election. Nancy Gardner expressed concern about the loss of marine -related businesses in the harbor and suggested establishing something similar to the Williamson Act for the boating community. III. UPDATE ON FISCAL ISSUES Finance Director Matusiewicz and City Manager Kiff provided a PowerPoint presentation outlining the ending FY 2016-17 General Fund results related to surplus, property tax, sales tax, Transient Occupancy Tax (TOT), and General Fund revenue trends, discussed short and long term funding challenges, unfunded pension liability and its trend, last year's payment strategy and the accelerated payment history, claims and judgments, possible allocations of the surplus money, and takeaways for today. In response to Council questions, City Manager Kiff and Finance Director Matusiewicz explained why the City should still remain cautious when dealing with sales tax, TOT, and unfunded pension liability assumptions and estimates; discussed unfunded pension liability; the City's actions toward lowering it and the drivers creating the large amount; reported on potential additional funding for harbor uses and public safety; provided examples of neighborhood projects; and explained the Facilities Financing Plan (FFP) and the current annual allocation toward the fund. Regarding short. and long term funding challenges, Council Member Herdman expressed the need for increased enforcement on the boardwalks and public areas. Mayor Pro Tem O'Neill expressed hope that future Councils will set a goal to not make any reductions in the amount of h'F1' funding contributions. Nancy Gardner noted that tax dollars for online shopping will be going before the Supreme Court and asked if the City is supporting any group that is supporting this. Finance Director Matusiewicz noted the City receives an allocation through the County tax pool for online purchases; however, it is a much smaller portion than through direct sales in the City. Denys Oberman asked for confirmation that, the community has adequate provisions for fire, safety and enforcement needs, and if there are any provisions to revisit the pension issue in order to fill in essential public neods. Nancy Skinner thanked Council for addressing the unfunded mandate for pensions and thanked staff for its conservative approach. Volume 63 - Page 434 City of Newport Beach Planning Session (Special Meeting) January 29, 2018 Bart. Tom asked the City to make crime prevention a higher priority, noting the increase of crimes in the Dover Shores neighborhood. In response to Carmen Rossen's question, City Manager Kiff noted the revenue trend is not problematic and is detailed in the budget document, discussed workers compensation, and explained the pension benefits for new employees. David Tanner requested and received confirmation from City Manager Kiff that, the City does take all economic trends into consideration, including the Federal tax cut. Noting the importance for Council in handling the public's money, Jim Mosher suggested the City produce an annual financial report similar to what the Orange County Auditor -Controller publishes. Roy Englebrecht noted he will be running for City Council in 2018 because he feels he has solutions to the unfunded liability problem. Allen Beek expressed concerns about unfunded pension liability and asked where citizens can find more information. Mayor Pro Tem O'Neill reported that pension is discussed at. every Finance Committee meeting. TV. A MODERN VISION FOR THE HARBOR Using a PowerPoint presentation, City Manager Kiff and Public Works Director Webb highlighted the harbor operations program that began Summer 2017, code enforcement on the harbor, next steps, potential phases, dredging projects, and explained what a Port Master Plan is and its benefits. In response to Council questions, City Manager Kiff indicated that the harbor management review will consider whether to establish a harbor division or harbor department., if it could involve lifeguards, and other issues. He also explained the previous harbor agreement with the County and what. is currently being done relative to code/noise enforcement and derelict, vessels. Council Member Peotter likened the Port. Master Plan to the Local Coastal Program (LCP), and explained how the City would handle specific approvals that, normally go before the California Coastal Commission, which would save time and money. Mayor Duffield expressed the need for a Port Master Plan and the importance of the properties on the harbor, and explained that the plan could assist with creating an affordable method to dredge and improve properties on the water. Nancy Gardner recommended following up with the U.S. Army Corps of Engineers since they were interested in pursuing a dredging project. Dennis Baker discussed the benefits of having the Orange County Sheriffs Department patrolling the harbor versus having City staff do the patrolling. Vicky Cadero relayed an incident she experienced and expressed safety concerns relative to Mooring Field B, believing it was not posted properly. Carmen Rossen requested and received confirmation that, it would cost. $17 million to remove the legacy material, and took issue with Phase III since Peninsula residents have been asking for more law enforcement for some time. Nancy Skinner suggested that the City purchase waterfront property so itcan lease it to a business that, can assist with maintaining the boats on the harbor. Volume 63 - Page 435 City of Newport Beach Planning Session (Special Meeting) January 29, 2018 Jim Mosher agreed that the harbor benefits everyone, but noted that a majority of the residents do not live on the harbor or own a boat, and asked that the City not, forget the needs of the other residents. Regarding the Port Master Plan, he believed that the laws would need to be administered according to the State, not local laws, and expressed concern that, the City will have difficulty understanding this responsibility. Council Member Dixon pointed out that the harbor generates a total economic impact of $348 million for the County. Mayor Duffield recused himself from Newport Beach Municipal Code Title 17 discussions due to business interests. Mayor Pro Tem O'Neill agreed Title 17 needs to be rewritten; however, requested that the simpler amendments be brought back as soon as possible since the more difficult, amendments require outreach meetings and discussions with harbor staff, the Harbor Commission, and the City Council. He expressed the opinion that he prefers forming a harbor department, not just a harbor division. Council Member Avery noted that there are many examples of cities running their own harbors with Sheriff's Department, presence, and believed this would allow for a better response to residents and businesses. David Tanner requested the amendment take advances in technology and automation into consideration because it could affect employee counts and City finances. V. WHETHER AND WHEN TO DO A GENERAL PLAN UPDATE Community Development Director Jurjis utilized a PowerPoint presentation to discuss the history of the General Plan, current status of the Housing Element, A13691, different, approaches, and the tentative schedule for Concept 1 (Learn, Talk, and Listen). In response to Council questions, Community Development Director Jurjis and Deputy Community Development Director Campbell indicated Concept 1 would probably involve more than one meeting per Council district, the meetings would look at. a wider range of land uses, what is working and what is not working, and believed the City will be in a better position to determine if a complete or partial General Plan Update is needed after the meetings. Council Member Herdman believed education should also be provided at the meetings. Fred Fourcher requested the City also involve airport business owners in the meetings. Susan Skinner asked for a commitment to transparency, accountability, and a level playing field for residents during the upcoming General Plan Update process. She read the previous ballotsummary and discussed what she believes the General Plan Update actually did. Dorothy Kraus, Vice President. of Stop Polluting Our Newport. (SPON), stated SPON initiated its own citizens General Plan advisory committee and conducted workshops, provided their reasons for why the General Plan Update needs to start now, indicated they will continue the workshops through the election, and requested Council move forward with the process. Dennis Baker, Treasurer of SPON, explained that the public only gets to vote on a General Plan Update if it triggers Greenlight, believed there has been too many amendments to the General Plan over the years, and expressed the opinion that citizens should not have to keep protesting the General Plan, which may mean it should be revisited. Adriana Fourcher suggested moving forward with Concept. 2 (start. the General Plan Update now) to set the scope and determine which elements are priority. Volume 63 - Page 436 City of Newport Beach Planning Session (Special Meeting) January 29, 2018 Denys Oberman believed the General Plan needs to be looked at now and through a process that aligns the passions and interests of residents and businesses with the City's interests, believing doing this will create a General Plan that is meaningful. Jim Mosher suggested using the Community Newsletter as a public communication tool for the update process, cautioned about, going too far with a comprehensive General Plan Update without having the Regional Housing Need Allocation (RHNA) numbers, noted that the Harbor and Bay Element also needs to be considered when considering land uses, and explained his definition of "compliant." David Tanner noted that the State's efforts may affect the General Plan Update process, suggested moving forward with evaluating the existing General Plan and California Environmental Quality Act, (CEQA) guideline updates, in light of regulatory changes, discussed AB 2299, and suggested amending Ordinance No. 2017-11. In response to Council questions, Community Development Director Jurjis and Deputy Community Development Director Campbell indicated thatstaff believes the General Plan is compliant, even though some elements may be out of date or need updating; asserted that he would never recommend a plan that would put the lives of residents at stake, as suggested by SPON's attorney; noted mostcities are on the same housing element cycle as the City but will take different, approaches for updating; and reported most of the housing opportunity sites are in the airport area. Mayor Pro Tem O'Neill stated that affordable housing is an issue for every city, emphasized the need to be vigilant, in maintaining local control, expressed concern with going through the process without. taking RHNA numbers into consideration, and assured everyone that no interest group dominates over another. He suggested using staff to lead the meetings, then bring in a consultant.. Council Member Dixon noted that State mandate will drive the timing of the General Plan Update, but the City should try to do something. She suggested conducting the meetings, but, map out a parallel process that would not be affected by RHNA. Council Member Peotter agreed that the City should wait, until it, receives the RHNA numbers. He suggested starting late 2019, receiving the RHNA numbers in 2020, and adopting the General Plan when appropriate, so current resources can be used for the Port Master Plan. Mayor Pro Tem O'Neill believed the City does not, need to wait until late 2019, agreed that a comprehensive update is probably needed, and asked what can be done, maybe using a RHNA range. He added that he is excited with the Circulation Element, due to new technology being developed. Council Member Herdman noted that, during his campaign, the community felt that a General Plan Update was necessary. He suggested holding a series of meetings in each district, not at dinnertime, and in different venues and dates, so it allows more people to attend. He believed the City is notin a position to make a decision until all the meetings are conducted. Council Member Dixon expressed support for Concept 1 and suggested creating a vision for the City's future since the City's population has stabilized. However, she indicated she could support Concept 2, as long as a parallel track is conducted. Mayor Duffield suggested starting with Concept 1, including an education component, leading into a final product, then roll into Concept 2. Council Member Avery agreed that this will take time, but emphasized that it should not, be dragged out. He noted everyone campaigned to maintain the City's quality of life and heritage, and agreed that more listening needs to happen. Mayor Duffield recessed the meeting at 7:50 p.m. and reconvened the meeting at 8:03 p.m. Volume 63 - Page 437 City of Newport Beach Planning Session (Special Meeting) January 29, 2018 V1. PUBLIC SAFETY ISSUES Using a PowerPoint presentation, Police Chief Lewis provided uniform crime reporting statistics, explained and elaborated on the definition of robberies, aggravated assaults, and property crimes, highlighted 2017 crime trends, and discussed what is ahead for 2018. Mayor Pro Tem O'Neill noted that some crime trends have increased, but pointed out that the City is doing well compared to its neighboring city. In response to Council questions, Police Chief Lewis discussed the benefits of the Peninsula bicycle enforcement team, the Police Department's Narcan Program, the drug problem compared to the restof the country, assured everyone that, the crime rate has not increased if you look at statistics but will continue to patrol more where needed, and emphasized the need for residents to verify information with the Police Department.. Mayor Pro Tem O'Neill encouraged everyone to sign up for Nixel and log onto newport.beachca.gov/GIS. Gary Sherwin, Newport Beach and Company, discussed the Police Department's role as ambassadors to the City's visitors. In response to Dennis Baker's questions, Police Chief Lewis discussed some of the Police Department's non-traditional approaches, including using school resource officers and the elementary schools' Step Up Program. Carol Drew expressed concerns about vehicle break-ins and drug use near her home on Kings Road and requested more policing in the area. In response to Lori Petry's questions, Police Chief Lewis indicated he does not have the statistics with him relative to distracted driving due to using cell phones while driving, but assured everyone there is an enforcement, effortbecause itis a problem. City Manager Kiff added that it also ruins signal timing. Regarding the illegal sale of items at the beach, Police Chief Lewis noted it is not legal to do so and that the business community has also complained about the activity. Allen Beek requested and received information from Police Chief Lewis about the Police Depart'ment's recruiting process for both civilian and sworn officers. Deputy Public Works Director Vukojevic reviewed the Corona del Mar and Lido fire station projects, discussed the remodel projects for the Mariners, Balboa Island, and Newport Center fire stations, and highlighted the list of Capital Improvement. Program (CIP) projects. In response to Jim Mosher's questions regarding the Mariners fire station remodel, Deputy Public Works Director Vukojevic reported that the height meets the current standard of all fire stations which provides room for the front cab on new engines to tilt open, and added the building will also meet current seismic safety standards. VII. JOHN WAYNE AIRPORT AND NEXTGEN In the interest of time, City Manager Kiff indicated thatthis item could be brought back at a future study session. Lori Petry expressed concern that there will be four new County Board of Supervisors elected this year and emphasized that any changes made t.oJohn Wayne Airport (JWA) will greatly affect. Newport Beach residents, Volume 63 - Page 438 City of Newport Beach Planning Session (Special Meeting) January 29, 2018 City Manager Kiff discussed the City's 50 year agreement with the County that prohibits any JWA runway expansion without City Council approval, but agreed that. the City will stay alert to any potential changes. Jim Mosher pointed out that the agreement was removed from the website, and believed that it only covered the runway to the south, not the north. VIII. ADJOURNMENT - 8:57 p.m. The special meeting agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on January 25, 2018, at 1:30 p.m. Leilani I. Brown City Clerk Duffy Duffield Mayor Volume 63 - Palre 430