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HomeMy WebLinkAbout04/12/2016 - Regular MeetingCity Council Minutes Regular Meeting April 12, 2016 I. ROLL CALL - 7:00 p.m. Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon H. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Muldoon III. INVOCATION - Reverend Cindy Voorhees, St. James Episcopal Church IV. PRESENTATIONS Proclamation Designating April 10 -16, 2016 as "National Library Week" Mayor Dixon read and presented the proclamation to Board of Library Trustees Secretary Jill Johnson - Tucker, Board of Library Trustees Member Robyn Grant, and Library Services Director Hetherton. Library Services Director Hetherton thanked the Council for its support and discussed the importance of libraries. Proclamation Designating April 2016 as "Donate Life Month" Mayor Dixon read and presented the proclamation to John Whalen, Ambassador One Legacy, and Dr. Rosemary O'Meeghan, Hoag Hospital. Dr. O'Meeghan thanked the Mayor and Council for supporting organ, eye and tissue donations, and encouraged residents to become educated about donations. Mr. Whalen discussed his lifesaving liver transplant and encouraged people to register as organ donors. Proclamation Designating May 2016 as "Mental Health Awareness Month" Mayor Dixon read and presented the proclamation to Extraordinary Lives (EL) Foundation Board Members Patricia Newton and Amy Packer who displayed a flyer for the May 7, 2016 event. Ms. Newton discussed the purpose of the foundation, thanked the Council for proclaiming May as "National Mental Health Awareness Month," and announced the High 5-A-Thon event on May 7, 2016 and the use of proceeds. Ms. Packer explained the High 5-A-Thon and encouraged the community to participate in the event. V. NOTICE TO THE PUBLIC VI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Peotter announced the Corona del Mar Resident Association's Annual Town Meeting on April 20, 2016, from 5:00 p.m. to 7:30 p.m. at which traffic issues would be discussed. Council Member Duffield displayed a photograph of the new Old Landing Monument recently reconstructed near the Bayshores approach to the Upper Newport Bay Bridge. He also provided historical background on McFadden's Wharf. Volume 62 - Page 604 City of Newport Beach Regular Meeting April 12, 2016 For an upcoming Council meeting, Mayor Pro Tem Muldoon requested that the City invite the Hero's Hall Veterans Museum at the Orange County Fair to discuss their fundraising efforts. Mayor Dixon announced Library Week events and indicated she read to the children at the library. She stated that she had joined the 5th Annual Wyland Mayor's Challenge for Water Conservation and encouraged residents to take the challenge. She announced the California -Friendly Landscape Class on April 21, 2016, from 6:00 to 9:00 p.m. in the Civic Center Community Room. She discussed the successful Youth in Government Day on March 31, 2016. She welcomed the Ducks fans to Newport Beach and displayed the Ducks jersey she received at the Paint It Orange event. VII. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 5 (Amendments to the Records Retention Schedule and City Council Policy A-11 (Recording of Open Meetings), Jim Mosher clarified his prior comments on the copyright issue, presented modifications to other agencies' retention schedules, believed it was unconscionable to restrict the public from viewing the retention schedule, discussed recommended revisions to Council Policy A-11, and suggested that the Council insist all recordings be available through the City's website in a readily available location. Regarding Item 12 (Approve a Cooperative Agreement with the Orange County Transportation Authority for the Coast Highway Regional Traffic Signal Synchronization Project), Council Member Petros believed, while he applauded the project, that due to the lack of State funding, Newport Beach was paying $450,000 for a non -City project. Council Member Curry stated that he reviewed the last Council meeting video due to his absence and agreed that it was difficult to locate it on the City's website. He suggested cleaning up links to make videos more easily accessible. Council Member Duffield recused himself from Items 7 and 12 due to the location of his business. City Manager Kiff clarified that the term of the Exclusive Negotiation Agreement (Item 15) should be 9 months instead of 1 year, reminded Council of the amended resolution presented on Item 5, and noted a typographical correction on Item 7 (Waiver of Special Event Permit Fees for Commercial Businesses Located on Balboa Peninsula, Mariners' Mile and West Newport). VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 22, 2016 Study Session and Regular Meeting [100-2016] 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. ORDINANCE FOR ADOPTION 3. Second Reading of Ordinance Related to Code Amendment to Change Setback Map No. S -2B (PA2015-196) - 3008, 3010, and 3012 Balboa Boulevard - Code Amendment No. CA2015-011 [100-2016] Conduct second reading and adopt Ordinance No, 2016-5, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Related to Certain Front Yard Setbacks, and approving Code Amendment No. CA2015-011, Volume 62 - Page 605 City of Newport Beach Regular Meeting April 12, 2016 RESOLUTIONS FOR ADOPTION 4. Use of the Official City Seal on the Commemorative Plaque for the Ben Carlson Statue [100-2016] Adopt Resolution No, 2016-47, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Use of the Official City Seal on the Commemorative Plaque for the Ben Carlson Statue. 5. Amendments to the Records Retention Schedule and City Council Policy A-11 (Recording of Open Meetings) [100-2016] Adopt Resolution No. 2016-48, A Resolution of the City Council of the City of Newport Beach, California, Amending Certain Sections of the Records Retention Schedule, Authorizing Destruction of Certain City Records, and Amending City Council Policy A-11 (Recording of Open Meetings). 6. Amend the Term and Responsibilities of the Balboa Village Advisory Committee (BVAC) [100-2016] Adopt Resolution No. 2016-50, A Resolution of the City Council of the City of Newport Beach, California, Amending the Term and Responsibilities of the Balboa Village Advisory Committee. 7. Waiver of Special Event Permit Fees for Commercial Businesses Located on Balboa Peninsula, Mariners' Mile and West Newport [100-2016] a) Find that the action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of CEQA; and b) Adopt Resolution No. 2016-51, A Resolution of the City Council of the City of Newport Beach, California, Temporarily Waiving Application Fees for Special Events Involving Commercial Businesses on Balboa Peninsula, Mariners' Mile and West Newport. Council Member Duffield recused himself from Item 7 due to the location of his business. 8. Employment Agreement with Police Chief (C-7098-1) [100-2016] Adopt Resolution No. 2016-52, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager to Execute an Employment Agreement between the City of Newport Beach and Jon Lewis for Services of Police Chief. CONTRACTS AND AGREEMENTS 9. 2014-2015 Playground Improvements - Notice of Completion and Contract Termination for Contract No. 5855 (CAP15-0030 and CAP15-0031) [381100-2016] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 10. Eastbluff Park Field Improvements - Notice of Completion and Acceptance of Contract No. 6268 (16P11)) [381100-2016] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. Volume 62 - Page 606 City of Newport Beach Regular Meeting April 12, 2016 11. Multiple Back -Up Generators Replacement Project - Notice of Completion and Acceptance of Contract No. 6011 (15F02/CAP15-0042) 1381100-20161 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 12. Approve a Cooperative Agreement with the Orange County Transportation Authority for the Coast Highway Regional Traffic Signal Synchronization Project (17T12) (C-7099-1) [381100-2016] Approve Cooperative Agreement No. C-5-3588 between OCTA and the City of Newport Beach for the Coast Highway Regional Traffic Signal Synchronization Project (TSSP). Council Member Duffield recused himself from Item 12 due to the location of his business. 13. Citywide On -Call Painting Agreements [381100-2016] a) Approve an on-call maintenance/repair services agreement with Piana Construction & Painting, Inc. (C-8000-1) for as -needed painting services, and authorize the Mayor and City Clerk to sign the agreement; b) Approve an on-call maintenance/repair services agreement with Tony Painting (C-8001-1) for as -needed painting services, and authorize the Mayor and City Clerk to sign the agreement; and c) Approve an on-call maintenance/repair services agreement with Troy Pourchot (C-8002-1) for as -needed painting services, and authorize the Mayor and City Clerk to sign the agreement. 14. Purchase of Rescue Ambulance (C-8003-1) [381100-2016] a) Approve the purchase of one ambulance equipment from Halcore Group, Inc., DBA Leader Industries for a total cost of $266,732.19; b) Approve and authorize the Mayor and City Clerk to sign the Purchase Agreement with Halcore Group, Inc., DBA Leader Industries for this purchase; and c) Approve Budget Amendment No. 16BA-037 to increase expenditure appropriations by $266,732.19 in the Equipment Replacement Fund account 7529032-911016 in the Municipal Operations Department. 15. Approve an Exclusive Negotiating Agreement between the City of Newport Beach and Lab Holding, LLC, for Negotiation of Terms of the Sale of the Balboa Theater Property, Located at 707-709 E. Balboa Boulevard (C-8004-1) [381100-2016] a) Find the execution of the Exclusive Negotiating Agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and b) Approve and authorize the Mayor and City Clerk to execute a nine-month exclusive negotiating agreement with Lab Holding, LLC, in substantially the same form as the attachment to the staff report. MISCELLANEOUS 16. Planning Commission Agenda for the April 7, 2016 Meeting [100-2016] Receive and file. 17. Budget Amendment to Accept a Check for $15,480.00 from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2015/2016 Maintenance and Operation Budget [100-20161 Volume 62 - Page 607 City of Newport Beach Regular Meeting April 12, 2016 Approve Budget Amendment No 16BA-036 to increase revenue estimates by $15,480.00 in 0106051- 511085 (Library Foundation Donations) and to increase expenditure estimates in Division 0106051 (Library Foundation Donations) and in 01060604 (Literacy). Motion by Mayor Pro Tem Muldoon, seconded by Council Member Petros, to approve the Consent Calendar; and noting the recusal by Council Member Duffield to Items 7 and 12, the amendment to the Resolution to Item 5, and the change to the Exclusive Negotiating Agreement term from 1 year to 9 months on Item 15. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon IX. ITEM REMOVED FROM THE CONSENT CALENDAR - None X. PUBLIC COMMENTS ON NON -AGENDA ITEMS Doug Nye, present Commander of American Legion Post 291, announced the April 18, 2016 celebration of the 51st year supporting public safety agencies. Arthur Jeppe, Member of St. James the Great Episcopal Church and President of Save St. James the Great, stated the Episcopal Bishop attempted to sell the church for development of townhomes and had locked the community out of the property, discussed the Easter celebration and Sunday worships at the old City Hall, discussed the pending legal cases, and thanked the community and Council for its support. Bruce Beardsley, Corona del Mar Resident Association, encouraged residents to attend the joint meeting of the Corona del Mar Business Improvement District and Corona del Mar Residents Association on April 20, 2016. Shana Breslau discussed concerns regarding geoengineering programs and the impact to the environment and resident's health. Anthony Barraza, Dover Village resident, addressed the Council regarding the recent addition to the bike lane in front of the complex, eliminating parking spaces and increasing speed. He suggested appropriate signage be installed. Cynthia Hoffman expressed opposition to geoengineering. She discussed the Orange County Mosquito and Vector Control District and indicated opposition to the spraying of aerial pesticides. City Manager Kiff stated that there were no plans by the District to spray in the Newport Beach area. Maureen Homan presented a handout regarding aerial spraying by the Orange County Mosquito and Vector Control District and stated that the community deserves informed consent. Jim Mosher discussed the Council's consideration of televising Planning Commission meetings and stated the meetings were available by Stop Polluting Our Newport (SPON) on YouTube. He suggested the City's cameras be utilized to videotape the Planning Commission meetings and urged Council to reconsider the matter and ask the Planning Commission its opinion. XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Peotter suggested that the Orange County Mosquito and Vector Control District make a presentation before the Council, noting that he voted for the maximum notification possible. He also urged residents to deal with standing water. Volume 62 - Page 608 City of Newport Beach Regular Meeting April 12, 2016 Mayor Pro Tem Muldoon responded to Mr. Mosher's concerns regarding televising Planning Commission meetings and discussed the need to keep hearings unpoliticized. Council Member Petros discussed the recent Aviation Committee Meeting on March 28, 2016, at which takeoff patterns were discussed. He informed the community that he misspoke regarding Council acting on an air quality study related to aircraft emissions and reported that an item would be before the Council in the future. He stated there was uncertainty about the FAAs plans for takeoffs. XII. PUBLIC HEARING 18. Modifications to the Back Bay Landing Project Located at 300 East Coast Highway (PA2011-216) (100-20161 Council Member Duffield recused himself due to a potential business relationship Community Development Director Brandt explained that the matter was before the Council to consider the Coastal Commission's suggested modifications. Senior Planner Murillo presented a PowerPoint presentation, providing project background, including the two stages of approvals, legislative approvals, and site plan approvals. He stated staff had worked with the applicant to make the suggested modifications and the Planning Commission approved the modifications at its March 17, 2016 meeting. He presented existing site conditions, the project boundary, and proposed lot line adjustment. He reviewed the Coastal Commission suggested modifications and explained the need for a modified General Plan Amendment for consistency with the Coastal Land Use Plan change. He discussed the modified Zoning Code Amendment to incorporate the revised lot line adjustment and provided an overview of the Planned Community Development Plan. He presented an exhibit depicting the previous conceptual and proposed conceptual driveway design. He discussed the addendum to the Environmental Impact Report (EIR), concluding no change in significant conclusions of the certified EIR. Mayor Dixon opened the public hearing. John Erskine, land use counsel representing the applicant, indicated they were prepared to respond to questions. Jim Mosher discussed concerns regarding traffic, the size of the proposed project, the alteration to views, modifications to sandy beaches, and the installation of a wall. Dick Hoagland, Chairman of Bayside Improvement Committee which represents residents of the Bayside Village Homeowners Association, expressed concern relative to public access and requested the City work with the residents on how the boardwalk would be utilized. There being no further testimony, Mayor Dixon closed the public hearing. Council Member Seiich stated that he had worked with the Back Bay Landing and homeowners to work together on the project. He acknowledged concerns regarding trail access along the waterfront. He stated that the applicant promised to establish access in a way to minimize impacts to the existing residents. Motion by Council Member Selich, seconded by Council Member Petros, to a) adopt Resolution No. 2016-43, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Addendum to the Back Bay Landing Certified Environmental Impact Report for the Planned Community Known as Back Bay Landing (PA2011-216); b) adopt Resolution No. 2016-44, A Resolution of the City Council of the City of Newport Beach, California, Accepting the Suggested Volume 62 - Page 609 City of Newport Beach Regular Meeting April 12, 2016 XIII. Modifications from the California Coastal Commission (LCP-5-NPB-14-0820-2) and City Council Approval of the Revised Coastal Land Use Plan Amendment No. LC2011-007 for the Planned Community Known as Back Bay Landing (PA2011-216); c) adopt Resolution No. 2016-45, A Resolution of the City Council of the City of Newport Beach, California, Approving Revised General Plan Amendment No. GP2011-011 for the Planned Community Known as Back Bay Landing (PA2011- 216); d) adopt Resolution No. 2016-46, A Resolution of the City Council of the City of Newport Beach, California, Approving Lot Line Adjustment No. LA2013-003 for the Planned Community Known as Back Bay Landing (PA2011-216); e) introduce Ordinance No. 2016-7, An Ordinance of the City Council of the City of Newport Beach, California, Approving Revised Code Amendment No. CA2013- 003 for the Planned Community Known as Back Bay Landing (PA2011-216), and pass to second reading on April 26, 2016; and f) introduce Ordinance No. 2016-8, An Ordinance of the City Council of the City of Newport Beach, California, Approving Revised Planned Community Development Plan Adoption No. PC2011-001 for the Planned Community Known as Back Bay Landing (PA2011-216), and pass to second reading on April 26, 2016. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Recused: Council Member Duffield 19. Creation of the Mayor's Blue Ribbon Committee on Local Political Reform [100-2016] City Attorney Harp provided the staff report and explained the matter related to the formation of a committee to study the need for local political reform and potential reform measures. Council Member Curry stated that it was an idea that combined his ideas with the Mayor Dixon's suggestion for formation of a committee. He encouraged residents to apply for the working group to help preserve and protect the election process. Council Member Petros applauded Council Member Curry and Mayor Dixon. He suggested the committee be established through the nominating committee. Jim Mosher indicated support for forming a committee to explore election options, but questioned whether the Mayor and another Council Member would dominate discussions. He suggested forming a citizens advisory committee that would provide a recommendation to the Council. He also suggested expanding the scope of the committee to consider changing the way the City conducts its district elections. Council Member Selich stated he would not support the item and was opposed to putting it on the agenda because no one had demanded election reform, it would require valuable staff time, and was bad timing since this is an election year. He suggested tabling the item and reconsidering if there were problems in the upcoming election. Motion by Council Member Selich, seconded by Council Member Peotter, to table the matter until after the election. Council Member Curry stated that the current issues were unenforceability of receipt of excess contributions, the use of slate mail rules, and lobbyist registrations. He stated, in the interest of transparency and enforcement of City laws, the idea should proceed. Volume 62 - Page 610 City of Newport Beach Regular Meeting April 12, 2016 Substitute Motion by Council Member Curry, seconded by Council Member Petros, to a) adopt Resolution No, 2016-49, A Resolution of the City Council of the City of Newport Beach, California, Creating the Mayor's Blue Ribbon Committee on Local Political Reform, and Direct the City Clerk to Post and Publish Notice and Seek Applications from Interested Residents; and b) authorize the Mayor to conduct interviews and make appointments to the Committee, subject to confirmation by the City Council. Council Member Peotter discussed the use of campaign funds and Council Member Curry's suggestions. He suggested the possibility of removing campaign limits and initiating immediate reporting. He stated that the committee should not occur during the current election cycle and should be a citizen's committee. He suggested tabling the matter at this time. Mayor Pro Tem Muldoon agreed with Council Member Selich, but suggested it occur after the election season. Council Member Curry reported the campaign limit is $1,100 but it was unenforceable. He believed that postponing this until after the election was a Dave Ellis strategy. Mayor Dixon indicated support for the concept of election reform, but agreed it should be deferred until after the election. The substitute motion failed by the following roll call vote: Ayes: Council Member Curry, Council Member Petros Noes: Council Member Peotter, Council Member Duffield, Council Member Selich, Mayor Pro Tem Muldoon, Mayor Dixon The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Curry, Council Member Petros XXI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - 8:42 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 April 7, 2016, at 4:00 p.m. igiL.J bw,— Recording Secretary Mayor Volume 62 - Page 611