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HomeMy WebLinkAbout05/12/2015 - Study Session / Regular MeetingCity Council Minutes Study Session and Regular Meeting May 12, 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 Tom Dixon, Mayor Selich II. CURRENT BUSINESS SSI. Clarification of Items on the Consent Calendar -None SS2. Presentation Recognizing Lupus Awareness Month Bridget Hood shared her experience with having Lupus. Mayor Selich read and presented the proclamation to Ms. Hood. SS3. Presentation Recognizing Poppy Month Mayor Selich read and presented the proclamation to Rachel Heidemann. Miss Poppy Taylor Howard recited the poem "In Flanders Field" and her younger sister distributed poppy boutonnieres to the Council Members on behalf of the American Legion Auxiliary. SS4. Presentation Recognizing Building Safety Month Chief Building Official Jurjis discussed the importance of building safety. Mayor Selich read and presented the proclamation to Community Development Director Brandt and Chief Building Official Jurjis. SS5. Presentation Recognizing National Public Works Week Public Works Director Webb discussed City infrastructure and public works systems. Mayor Selich read and presented the proclamation to Public Works Director Webb. SS6. Check Presentation to the Newport Beach Arts Foundation Evelyn Hart, Alison Ryffel, and Susan Seely of the Balboa Performing Arts Theater Foundation presented a $175,000 check to Carmen Smith, President of the Newport Beach Arts Foundation, Lila Crespin, the first President of the Arts Foundation, and Marie Marston, former President of the Arts Foundation. Mayor Selich expressed hope that the check will be the foundation to build the City's arts and cultural legacy. Dayna Pettit provided a brief history of the Balboa Performing Arts Theater and commented positively on the efforts of former Council Member Michael Henn. Mayor Pro Tern Dixon thanked Foundation Members for their service and stated that this is a gain for the community in terms of what the site can mean to the community. Volume 62 - Page 292 City of Newport Beach Study Session and Regular Meeting May 12, 2015 SS7. FY16 Operating Budget Overview Finance Director Matusiewicz provided a PowerPoint presentation of the FY 2015 -16 Proposed Budget overview. He addressed revenues and expenditures within the General Fund and all other funds, budget principles, Charter requirements, FY 2015 -16 General Fund revenue sources and assumptions, assessed valuation, sales tax, and Transient Occupancy Tax (TOT). He presented details of the City's guiding principles, which include providing the municipal government that residents demand, providing safe and secure neighborhoods, keeping Newport Beach looking great, and maintaining a prosperous, fiscally sustainable, and economically viable City. Finance Director Matusiewicz addressed FY 2015 -16 expenditures, savings for future needs, changes in full -time staffing, salaries and benefits, the accelerated CalPERS payment schedule, and Other Post- Employment Benefits (OPEB). He reported on maintenance and operations, the Capital Improvement Program (CIP), and keeping a balanced approach by balancing the allocation of resources between current amenities, services and debt repayment strategies. He presented the recommendation to have a balanced approach to surpluses, and discussed the checklist items. Regarding the Old Newport/West Coast Highway Modification CIP projects that staff would like deferred, Public Works Director Webb indicated that staff is working with OCTA to grant the project. He further explained that it is broken into two segments as there are different funding sources. Deputy Public Works Director Vukojevic stated that staff assumed that the City would receive a grant this fiscal year but, since a grant has not been received, it will not be included in the budget. However, if the City receives a grant, staff will return to Council to request an appropriation for the grant. Finance Director Matusiewicz requested that Council consider the fiscal impacts of new initiatives that are brought to the table and presented examples. He addressed additional policing on the Peninsula, the unfunded Corona del Mar Entryway Project, proposed mooring rent reduction, recent budget activity and next steps. In response to Council Member Petros' question, Finance Director Matusiewicz explained unfunded obligations relative to the increased OPEB liability of $10 million from the new actuarial standard (ASOP 6). Mayor Pro Tem Dixon commented on maintenance and operations, and stated she would prefer having increased visibility of individual program expenditures. City Manager Miff suggested identifying specific departments with which to begin. He added that all of the City's contracts are under maintenance and operations, that it would be helpful for Council to see a list of all contracts, and that the City's new system will allow staff to pull that information together quickly. Mayor Pro Tern Dixon commented on staffing and outsourcing, and expressed interest in staff continuing to scrutinize spending and assess where savings can be achieved. Council Member Petros observed that the revenue side of the budget is up 6.01% while spending is only up 1.5 %. He believed that the City is applying its resources wisely. Jim Mosher commented positively on the Finance Committee's review of the budget. He referenced Council's Study Session on the CIP portion of the budget and praised staff on its clarity. Regarding details of the remainder of the budget, he believed that it is no less significant and expressed the opinion that the remainder of the budget should be just as Volume 62 - Page 293 City of Newport Beach Study Session and Regular Meeting May 12, 2015 transparent as the CIP budget. Gary Pickett, representing Ardell Ship Brokers and a majority of commercial marina operators in the City, requested that the tideland fees for commercial marinas be reviewed at a future meeting. He added that basing the increase in fees on two flawed appraisals is something that the City should rectify. Denys Oberman stated that the public would appreciate a copy of the details regarding the maintenance and operations budget. Additionally, she requested public access to today's presentation, added that it would be helpful to know what is contained in the "Other" sources of revenue, and wondered if there is something in there that suggests direction for public policy for Council. She asked for details regarding the assumptions for planned development, the TOT, other possible assumption changes, and also requested clarification regarding new Police Officers and parking rate increases. City Manager Kiff discussed the possibility of placing information on the website that would be interactive in terms of allowing the public to find specific items within the budget_ He confirmed that the proposed budget is currently on the City's website. Bernie Svalstad, Corona del Mar Business Improvement District, spoke regarding keeping the Corona del Mar Entryway Project. City Manager Kill pointed out that the project amount is in the checklist. He clarified that Council adopts the proposed budget and the checklist, and the checklist is incorporated into the proposed budget as an amendment to the budget. Laura Curran commented on a one -time litigation line item and believed it would be helpful to review details in terms of ongoing litigation expenses. She stated that she would like to see details related to group homes and advocating with the State for changing group home legislation. She added that there are facilities in Corona del Mar that continue to impact the neighborhoods. Additionally, she suggested developing an audit performance process, an internal audit process, and a budgeting process. She also commented on median maintenance and replacement. III. PUBLIC COMMENTS Jim Mosher commented on items discussed at previous Closed Sessions and the City Attorney's disclosure that no reportable actions were taken. He noted that the City dropped one of the cases and believed that the public had the right to know about that action and how Council voted. He added that Closed Sessions are supposed to be used sparingly and for few purposes, commented on City Attorney ethics, and noted that, in terms of prosecutions, the City Attorney represents the people. City Attorney Harp assured the public that the City fully complies with the Brown Act in terms of the case referenced by Mr. Mosher. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION - 5:26 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Volume 62 - Page 294 City of Newport Beach Study Session and Regular Meeting May 12, 2015 Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 2 matters 1. Crystal Morales u. City of Newport Beach, et al. Orange County Superior Court Case No. 30 -2012- 00606450- CU- PO -CJC 2. Friends of the Fire Rings u. South Coast Air Quality Management District, et al. Orange County Superior Court Case No. 30 -2013- 00690328- CU- WN -CXC C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter 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 no reportable actions were taken. IX. PLEDGE OF ALLEGIANCE - Council Member Curry X. INVOCATION - Pastor Nate Furness, Costa Mesa 7th Day Adventist Church XI. PRESENTATIONS - None XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Peotter requested a future item for the next agenda to express support for Proposition 13. Council Member Petros reported attending the Harbor Day School parking lot ribbon- cutting ceremony and commented on resulting traffic improvements. Additionally, he discussed the opening of Sunset Ridge Park, noting that, as a result of a decision by the Coastal Commission, Volume 62 - Page 295 City of Newport Beach Study Session and Regular Meeting May 12, 2015 there is no place to park and it is unsafe for users having to cross eight lanes of traffic on Pacific Coast Highway to reach it. He noted his efforts to encourage appropriate agencies to work on installing a pedestrian bridge. Public Works Director Webb reported that staff is starting to look at building a Superior Avenue Pedestrian /Bicycle Bridge. He added that the City is currently applying for a $2.35 million grant to fund the project. He addressed concerns with blocked views and noted that staff is seeking Council's support/comments regarding the matter and encouraged the public to voice its opinion via Facebook and /or an online survey. Mayor Pro Tom Dixon announced several upcoming events at the Central Library, including a performance by Sundance Trio, a discussion regarding "Medicine in Our Backyard ", and the Newport Beach City Arts Commission's 51Et Annual Art Exhibition. She requested placing consideration of contracting out for a third -party performance and process audit of the Civic Center on Council's next agenda. Council Member Curry reported visiting the Normandy landing sites and noted the 70th Anniversary of VE -Day this month and the 71st Anniversary of the Landing on Normandy next month. He added that Armed Forces Day is on May 16th and Memorial Day is at the end of the month, and emphasized the importance of reflecting on those who gave the ultimate sacrifice to preserve freedom here and around the world. Mayor Selich reported attending the Chamber of Commerce Scholarship Awards Dinner; the Library Pro - Literacy Foundation Luncheon; the American Legion Yacht Club, Balboa Yacht Club, and Bahia Corinthian Yacht Chub Opening Days; and the Newport Beach Sister City Association and Rotary Club Taste of Japan OC at the OASIS Senior Center. Mayor Selich announced that Speak Up Newport will be holding a Fire Rings Forum on May 13th starting at 5:30 p.m. with a reception and program at 6:00 p.m. He encouraged residents to buy a flag for the Exchange Club Field of Honor and announced the call for applications for Special Event Grants. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 5 (Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in FY 15/16), Item 6 (Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in FY 15/16), and Item 11 (Budget Amendment to Increase Revenue Estimates and Expenditure Appropriations for Private Surfing Classes and OASIS Fitness Center Personal Training Sessions) Jim Mosher requested increased clarity and details regarding how much taxpayers will be contributing towards the BIDS and where in the budget the levies are shown being received and going out. Jill Johnson - Tucker. Board of Library Trustees Member, commented on Item 13 (Set Public Hearing Date to Adopt Fiscal Year 15/16 Budget), noting that she has been tasked to look into the possibility of building a lecture hall at the Central Library. She reported that the Library Foundation Board has voted to request that a feasibility study be conducted to determine if there is a location within the grounds of the Library and the Board of Library Trustees will vote on the matter on Monday. She expressed hope that Council would set aside funding for a feasibility study. Dorothy Larson, President of Library Foundation Board, agreed with Ms. Johnson - Tucker's comments and encouraged Council to keep their request in mind. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the April 28, 2015 Regular Meeting [100 -20151 Waive reading of subject minutes, approve as amended, and order filed. Volume 62 - Page 296 City of Newport Beach Study Session and Regular Meeting May 12, 2015 Council Member Curry abstained from voting on Item 1, since he was not in attendance at the meeting. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. Uptown Newport Development Agreement Amendment Located at 4311 -4321 Jamboree Road - Second Reading (C -5387) (PA2015 -015) [381100 -2015] Conduct second reading and adopt Ordinance No. 2015 -11, An Ordinance of the City Council of the City of Newport Beach, California., Approving First Amendment to Development Agreement No. DA 2012 -003 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2015 -015). C. RESOLUTIONS FOR ADOPTION 4. Summary Vacation of Existing Sewer Easement at 1111 Dolphin Terrace [100- 2015] a) Adopt Resolution No. 2015 -30, A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 5 -Foot Wide Sewer Easement at 1111 Dolphin Terrace (Lot 10 of Tract 5130); and Directing the City Clerk to Record Same with the County Recorder's Office; b) Direct staff to process the summary vacation of said easement; and c) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 5. Resolution of Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments in Fiscal Year 2015 -2016 [100 -2015] a) Approve the Corona del Mar Business Improvement District FY 2014.2015 Annual Report; and b) Adopt amended Resolution No. 2015 -31, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016, and Fix the Time and Place of a Public Hearing for May 26, 2015, 6. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments in Fiscal Year 2015 -2016 [100 -2015] a) Approve the Newport Beach Restaurant Association Business Improvement District FY 2014 -2015 Annual Report: and b) Adopt amended Resolution No. 2015 -32, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2015 to June 30, 2016 and Fix the Time and Place of a Public Hearing for May 26, 2015. D. CONTRACTS AND AGREEMENTS Bayview Heights Drainage Project - Approval of a Professional Services Agreement with RBF Consulting (C -6129) (CAP15 -0033) [381100 -2015] Volume 62 - Page 297 City of Newport Beach Study Session and Regular Meeting May 12,2015 a) Approve a Professional Services Agreement with RBF Consulting (RBF) of Irvine, California, to prepare a field survey, geotechnical testing and construction documents for the Bayview Heights Drainage Project at a not to exceed cost of $163,186, and authorize the Mayor and City Clerk to execute the Agreement; and b) Approve Budget Amendment No. 15BA-045 appropriating $50,000 from the un-appropriated General Fund balance to Account No. 7014-C5002022, as directed by City Council at its November 12, 2014 meeting. 8. Fire Station No. 6 Apparatus Bay Replacement Project -Approval of a Professional Services Agreement with STK Architecture, Inc. (C-6130) [381100- 2015] a) Approve Budget Amendment No. 15BA-046 appropriating $119,350.00 from the unappropriated Master Facilities Financing Plan fund to Account No. 7404-C1002054 (Mariners Fire Station No. 6 Apparatus Bay Replacement Project) for the design work; and b) Approve a Professional Services Agreement with STK Architecture, Inc. of Temecula, California, to design and prepare the construction documents needed to replace the Fire Station No. 6 existing apparatus bay at a not-to-exceed cost of $119,350.00, and authorize the Mayor and City Clerk to execute the Agreement. 9. Approve the Professional Services Agreement for Potable Water Laboratory Services with Testamerica Laboratories, Inc. (C-6131) [381100-2015] Approve Professional Services Agreement for Potable Water Laboratory Services with Testamerica Laboratories, Inc., a Delaware Corporation, for a five year term with a total amount not to exceed of $325,000, and authorize t.he Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 10. Appointments to the Aviation Committee [100-2015] Confirm Mayor Selich's nominations of Vicki Frank as the District 5 Member and Walter Richardson as the District 5 Alternate Member to the Aviation Committee. 11. Budget Amendment to Increase Revenue Estimates and Expenditure Appropriations for Private Surfing Classes and OASIS Fitness Center Personal Training Sessions [100-2015] Approve Budget Amendment No. 15BA-044 to increase surfing revenue estimates in account 4330-5158 by $256,467 and related contract instructor expenditure appropriations for account 4330-8380 by $205,174. Additionally, increase OASIS Fitness Center personal training revenues in account 4415-5167 by $72,000 and related contract instructor expenditures in account 4415-8380 by $50,400. 12. Grant Industrial Waste Permit to J&J Marine Acquisition Company, LLC [100- 2015] a) Receive and review the report; b) Find no further investigation is necessary pursuant to NBMC 14.28.050 Issuance - Conditions; c) Find the issuance of the permit exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and d) Authorize the City Manager to execute the permit. Volume 62-Page 298 City of Newport Beach Study Session and Regular Meeting May 12, 2015 13. Set Public Hearing Date to Adopt Fiscal Year 2015 -16 Budget [100 -20151 Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2015 -16 on May 26, 2015, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. 14. Request for Proposals for Tree Maintenance Services [100 -20151 Continue this item to the next meeting. Motion by Mayor Pro Tem Dixon. seconded by Council Member Peotter, to approve the Consent Calendar; to include the amendments to Resolutions Nos. 2015 -31 and 2015 -32; and noting Council Member Curry's abstention to Item 1. 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 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Jim Dastur spoke regarding a parking citation he received and paid online, and took issue with the email address used. Michael Glenn took issue with Council Member Petros' comments relative to the lack of parking at Sunset Ridge Park being the fault of the Coastal Commission, believing that the City deserves some of the blame. He expressed support for Council Member Peotter's request to support Proposition 13 and commented on prior statements by City Attorney Harp regarding taxes versus fees and distributed a handout. He added that Mayor Pro Tem Dixon has called the Peninsula a "nuisance and high crime area" and reported receiving a call from a real estate agent on Balboa Peninsula with concerns that they will need to use a disclaimer to sell property on the Peninsula, and was informed by the California Bureau of Real Estate that such a disclosure must be made. He requested that Council consider whether the Peninsula is a nuisance and high crime area as this would have an impact on property values on the Peninsula. City Attorney Harp commented on taxes versus fees and noted that the City charges rent. Council Member Petros noted that, when the City presented its plans for Sunset Ridge Park, a parking lot was proposed but the Coastal Commission removed it from the plans. Lori Textor spoke regarding Hixson Metal Finishing Company emissions and related dangers to public health. She noted the proximity of the company to residences, schools, and restaurants. She asked that the City provide residents with information about the dangers and that it schedule a community meeting within a month. Additionally, she requested that the business be moved from its current location. Community Development Director Brandt reported that the City has been in contact with the South Coast Air Quality Management District (SCAQMD) and that Hixson Metal Finishing Company is not in compliance for these types of emissions and is required to come into compliance. She added that SCAQMD will be holding a community workshop in June. She indicated that public notices will be sent out on a regular basis. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry reported that the Finance Committee reviewed the budget and added that the Committee will meet again in June. He invited the public to attend. Volume 62 - Page 299 City of Newport Beach Study Session and Regular Meeting May 12,2015 XIX. PUBLIC HEARINGS 15. Community Development Block Grant -2015-2019 Consolidated Plan, 2015-2016 Action Plan, and Citizen Participation Plan Amendment (C-6132) [381100-2015] Community Development Director Brandt provided a brief staff report and offered to respond to questions from Council. Mayor Selich opened the public hearing. Jim Mosher commented on the Amended Citizen's Participation Plan, believing that the current plan is not very effective. He highlighted information regarding CDBGs within the staff report and commented on the bulk of the money not going towards administration, but towards Balboa Village. Hearing no further testimony, Mayor Selich closed the public hearing. Motion by Council Member Curry, seconded by Council Member Muldoon, to a) find that the activity is exempt under 24 CFR Part 58, Section 58.34 of the National Environmental Policy Act of 1969 ("NEPA"), as amended; and find the 2015-2019 Consolidated Plan and Citizen Participation Plan Amendment are not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and find the 2015-2016 Action Plan exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) adopt Resolution No. 2015- 33, A Resolution of the City Council of the City of Newport Beach Approving the 2015-2019 Consolidated Plan, the 2015-2016 Action Plan, and an Amendment to the City's Citizen Participation Plan; and c) authorize the City Manager to: 1) Submit the 2015-2019 Consolidated Plan and 2015-2016 Action Plan, and Citizen Participation Plan Amendment to HUD; 2) Execute the FY 2015-2016 CDBG Program Grant Agreement and all related documents on behalf of the City; 3) Execute all sub-recipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan; 4) Authorize the Community Development Director or his/her designee to be the official representative of the City of Newport Beach to administer the program and submit required environmental documentation to HUD for CDBG projects. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich 16. Height Overlay District Zoning Code Amendment in West Newport Mesa (PA2015- 047) [100-2015] Community Development Director Brandt referenced the staff report and offered to respond to Council questions. Mayor Selich opened the public hearing. Dorothy Kraus referenced letters from Stop Polluting Our Newport (SPON) and highlighted the organization's recommendations. She noted the need for a specific area/cohesive plan for the area and asked that Council consider SPON's suggestions. Jim Mosher agreed with SPON's comments regarding the need for a comprehensive specific area plan and addressed the request for increased building heights. He added that the idea of Volume 62 -Page 300 City of Newport Beach Study Session and Regular Meeting May 12, 2015 an overlay produces an inconsistency in the Zoning Code. He asked for clarity as to whether Council is planning to hold another hearing on this item or whether it will be on the Consent Calendar. David Szecsei referenced Section 20.28.010 of the Zoning Code relative to inconsistencies and stricter restrictions, adding that the more restrictive code should prevail in cases of inconsistencies. He referenced Planning Commission Resolution No. 1977, stating that a public hearing was held and noted that, while a public hearing may have been held, one was not held with respect to the Resolution's Exhibit B. He added that the public was not allowed to participate in discussions relative to the redline amendment to the Code and alleged that this is the first opportunity for the public to comment on the proposed overlay district with the proposed Code. June Maier, Ebb Tide Mobile Home Park resident, reported that there was hazardous waste dumped into a drain on West 16th Street for many years and commented on flooding in the area due to heavy rains. With respect to the overlay district, she asked why the City is not doing an environmental review. Sunti Kumjim, representing the applicant, provided a PowerPoint presentation to address their proposal for three -story homes with a roof -top deck. He discussed the required height, detailed the amendment, and highlighted the increased street enhancements and open spaces. He also thanked Council Member Petros for his leadership on this matter. Hearing no further testimony, Mayor Selich closed the public hearing. Council Member Petros noted that the applicant worked closely with the City to create a model that can be brought forward. He addressed greater setbacks, open space, on -site amenities, and sidewalks. He added that he would like to see staff return to Council with a work plan that looks at the public realm and a sidewalk, parkway, and streetscape palette that will unify the area into a cohesive village that increases values and makes the area more walkable and environmentally friendly. Council Member Peotter agreed with Council Member Petros' comments and thanked the developer for their cooperation. Motion by Council Member Petros, seconded by Council Member Peotter, to a) find the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15305, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The Zoning Code Amendment creates a Height Overlay District to provide a mechanism to request additional residential building height, which provides for minor changes in land use limitations. The average slope of the properties involved is less than 20 percent and the project does not change the allowed land uses or density for any property within the Height Overlay District; b) introduce Ordinance No, 2015 -12, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2015 -004 Creating a Height Overlay District to Allow Increased Residential Building Height for Properties Located in the Multiple Residential Zoning District in Statistical Area A2 in West Newport Mesa (PA2015- 047), and pass to second reading on May 26, 2015; and c) accept the Planning Commission recommendation to prepare a Master Plan for streetscape and other public realm improvements, including sidewalks, landscape palette, and other amenities to enliven the streetscape for the West Newport Mesa area consistent with General Plan Policies LU 6.6.3 Volume 62 - Page 301 City of Newport Beach Study Session and Regular Meeting May 12, 2015 and LU 6.6.4, and direct staff to return with a work program and budget for the Master Plan for Council consideration. Community Development Director Brandt addressed comments regarding a potential conflict between the base zoning district and the overlay, and noted that the Ordinance amends the base zoning district so there is consistency between it and the overlay (Section 4, page 16 -9). She referenced Planning Commission Resolution No. 1977 and reported that copies were made available to the public. She added that environmental documentation will be prepared in conjunction with the Ebb Tide Project and will be available for public review prior to any action by the Planning Commission. In response to Mayor Selich regarding second reading of the Ordinance on May 26th, Community Development Director Brandt reported that the Ordinance will be on the Consent Calendar and will be corrected prior to the 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 XY, CURRENT BUSINESS 17. Regulations on Water - Propelled Vessels in Newport Harbor [100 -20151 Council Member Duffield reeused himself from this Item because he owns a boat rental business. Harbor Resources Supervisor Levin addressed prior consideration of the matter, direction by Council, and Council options. In response to Council questions, Harbor Resources Supervisor Levin reported that, in the new Ordinance, staff specifies a location for the permitted user. She added that Council would authorize the permit and conditions, such as time of operation could be imposed. She reported that the permitted location would be at the terminus of the turning basin by commercial areas in Lido Marina Village and Mariners Mile. Pam Whitesides commented on emails and letters in favor of Jetpack America and reported that at least one of the surveys in favor of Jetpack America seems to be flawed since she is opposed to the operation, but her name is on the petition showing support. She alleged that allowing Jetpack operation in the Harbor violates the Municipal Code in terms of creating noise which would adversely affect user enjoyment of the water and commented on other hazards. She discussed the Harbor Commission's recommendations and a petition circulated by those most affected by and opposed to the operation. She asked that Council ban jetpacks in the Harbor and ask that Jetpack America take their customers out where they will not be able to harm or harass residents or Harbor users. Melinda Herndon expressed support for Jetpack America. Mike Glenn reported speaking to a representative of Jetpack America who claimed that they have had over 20,000 rides with one minor injury, so believed that safety is not a concern. He added that they have never had a wake ticket or a noise citation, suggested the City enforce the laws that are already on the books rather than ban the operation, and that sharing the Harbor with others is part of living in a community. Volume 62 - Page 302 City of Newport Beach Study Session and Regular Meeting May 12, 2015 Chris Del Rey spoke in support of Jetpack America and its operations. He commented on other noise in the Harbor and believed that safety is not a concern. He asked that Council consider that the operation is a tourist attraction and hoped that Council will work hard to find a solution. Heather Warmington - Sheward, representing Boat U.S., an organization that monitors boat safety, spoke in support of Jetpack America and its operations. She added that they are well - respected by the Harbor Patrol and the Coast Guard, and stated that the City Council should encourage equitable use of the Harbor. Dean O'Malley, President of Jetpack America, distributed a handout and addressed safety, noise, and the possibility of coexistence. He referenced emails and letters of support and encouraged Council to consider not banning the operation in the Harbor. Katie Morris, Co- Founder /Owner of Jetpack America, addressed the company's goals and believed that the company is an asset to the City. She asked to continue working to find the best locations and asked that the City find a solution to allow the company to continue its operations. Tabitha Lipkin, employee of Jetpack America, spoke in support of the company and its operations. She addressed the importance of safety and training, and commented on her employment with the company. She noted that the company serves Wounded Warriors, the disabled, and many who would not be able to fly themselves. She added that the business is growing and hoped that Council will continue to allow the operation. She indicated that they are willing to work with the City to find a mutually - acceptable solution. An employee of Jetpack America read a letter in support of the operation and addressed catering to customers' needs. She addressed the importance of safety and customer experience, and urged Council to continue to allow the company's operation in the Harbor. She added that banning the company's operation will not only affect employees, but also nearby businesses. Dr. Neil Katz spoke in support of Jetpack America and continuing its operations. He addressed corporate events he has held in conjunction with the company, as well as other people he has invited to the City which provides revenue and visitors in the City. He addressed safety and relayed his personal experience with the company. He believed that there has been a push to close Jetpack America as competition to other businesses in the Harbor. Dave Clark encouraged Council to vote against the Ordinance and work towards a workable solution. He cautioned against unilaterally banning a business rather than working with a company that has proven itself in terms of safety and noise. Jason Bogle spoke in support of keeping Jetpack America in the Harbor and addressed safety and noise. Jason Stukiama spoke in support of Jetpack America. He believed that the company has a professional crew who is conscientious of the Harbor and its users. He hoped that the City will find a workable solution. A Newport Beach resident spoke in support of Jetpack America and its operations. He commented on sharing use of the Harbor and spoke positively regarding the company. Devon Kelly urged Council to ban water - propelled vessels in the Harbor, noting that she has observed flyers come close to boaters. She believed that the Bay is too dense with noise and Volume 62 - Page 303 City of Newport Beach Study Session and Regular Meeting May 12, 2015 speed. She referenced the Harbor Commission's recommendations and noted that she is not opposed to the operation, but is opposed to it operating in the Harbor. David Fine spoke in support of Jetpack America and its operations and management. George Farah reported his name was on the petition supporting Jetpack America and noted that he does not support them. He noted that there are other residents that oppose the operation in the Harbor and addressed concerns with safety. He referenced the Harbor Commission's findings, asked for information as to why Council does not accept their recommendations and referenced an article in the Orange County Register regarding a settlement paid by Jetpack America to someone that was hurt in Newport Bay. He addressed noise, noting that Mr. O'Malley compared it to the noise generated by the John Wayne Airport (JWA), and asked that Council provide residents with relief. Barbara Beck commented on noise and reported that there may not have been many complaints regarding noise because they have been operating in front of a vacated trailer park. She indicated that she finds the operation to be noisy on the water, and urged Council to ban the operation or find another location that does not impact residents. Linda Klein commented on traffic in the Bay during the summer and spoke in favor of Council banning water - propelled vessels in the Harbor. Catherine spoke in support of Jetpack America and its operation in the Harbor. Leroy Green commented on the popularity of the Harbor and expressed concerns with safety regarding the operation of water - propelled vessels. He believed that the noise is very disturbing and encouraged Council to ban water - propelled vessels in the Harbor. Garrett Nunnelly spoke in opposition to allowing the operation of water - propelled vessels in the Harbor due to the noise they generate. Ty Price and his son, T.J. Price, spoke in support of Jetpack America. Mr. Price addressed noise and noted that it is part of the experience of being on the water. He discussed the importance of sharing the Bay and hoped that Council will allow them to maintain their operations. Jim Rosenquist asked whether this issue could be put to a vote by the citizens of Newport Beach. Carrie reported on a "Visit California" commercial currently being broadcast that shows jetpacks. She indicated that, if Council bans the operation in the City, Google searches will send visitors to San Diego. She spoke in support of Jetpack America and keeping its operation in the Harbor. Council Member Curry noted that this is a complicated issue and there are good arguments on both sides. He indicated that he does not support an all -out ban on the operation, but stated that there are appropriate restrictions that can be stipulated. He added that staff has developed reasonable guidelines in the second resolution. He believed that there is an opportunity to have a business that is compatible with the neighborhood if it is limited, regulated, and monitored by staff. Mayor Pro Tern Dixon commented on communications she has received from many residents opposing water - propelled vessels operating in the Harbor. She addressed potential locations Volume 62 - Page 304 City of Newport Beach Study Session and Regular Meeting May 12, 2015 and stated that she would support an alternate location, outside the jetty. Otherwise, she will vote to approve a ban. Council Member Muldoon stated that he would like to see one machine operating at a time in the turning basin and suggested bringing the matter back for further study. Council Member Petros indicated that impacts would not be as great if Jetpack America operated in the turning basin. He commented on an alternative that would allow Council to reevaluate the matter in the future. He expressed support for the alternative plan. Council Member Peotter stated that initially he supported having the market decide the outcome, but now he supports the Harbor Commission's recommendation at this time. Motion by Council Member curry, seconded by Council Member Petros, to introduce Ordinance No. 2015 -13, An Ordinance of the City Council of the City of Newport Beach, California, Regulating and Limiting the Operation of Vessels Propelled by Water Above the Surface of Newport Harbor, and pass to second reading on May 26, 2015. City Manager Kiff requested and received confirmation from Council Member Curry that the motion includes a ban on non - commercial (private) operations and allows one commercial use in the turning basin with specific hours and conditions. Mayor Selich stated that he will support the motion, giving the operation a one -year trial and reevaluating it in a year. City Attorney Harp noted that the motion supports the alternative Ordinance that was included in the staff report. City Manager Kiff noted this will be the first reading with a second reading on May 26th. The motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Selich Noes: Council Member Peotter, Mayor Pro Tern Dixon Recused: Council Member Duffield 18. Amendment of Water Conservation Ordinance (100 -20151 Municipal Operations Co- Director Murdoch provided the staff report and addressed the Water Conservation Ordinance passed by the City in 2009 and reasons why the Ordinance needs to be amended, including the need to comply with State Emergency Regulations. In reply to Council Member Peotter's question, Municipal Operations Co- Director Murdoch clarified conditions relative to decorative fountains and residential swimming pools. Alan Smith, California Pool and Spa Association (CPSA), commented on the amendment relative to swimming pools and addressed the value of water and the number of jobs generated by the pool industry. In response to Council Member Curry's question, Mr. Smith stated that he accepts the amendment relative to topping off pool water. He distributed information for Council's review. Randy Beard, Pure Water Pools, commented on water evaporation in swimming pools and on his company's water conservation efforts. He added that a swimming pool uses far less water than lawns or landscaped areas. Volume 62 - Page 305 City of Newport Beach Study Session and Regular Meeting May 12, 2015 Jim Mosher asked Council to consider adding a moratorium on new developments that add new connections. He pointed out that the proposed modifications have not been reviewed by anyone other than staff and added that there are textual problems that staff may want to correct before adopting the Ordinance. Motion by Mayor Pro Tem Dixon. seconded by Council Member Peotter, to introduce amended Ordinance No. 2015 -14, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.16 of the Newport Beach Municipal Code Pertaining to Water Conservation and Supply Level Regulations, and pass to second reading on May 26, 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 19. Resolution of Intent to Declare a Level Three Water Supply Shortage [100 -20151 Municipal Operations Co- Director Murdoch provided the staff report, commented on the severity of the drought in the State, and discussed related legislation and recommendations. He addressed key components of a Level Three Water Supply Shortage and criteria for offering relief from compliance. He requested direction regarding whether residents using a specified amounts of water should be excluded. In response to Council Member Curry's question, Municipal Operations Co- Director Murdoch noted that every customer who has experienced a change should fill out the "Relief from Compliance" form. Alan Smith, California Pool and Spa Association (CPSA), listed some ways that swimming pool owners could save water. He noted the importance of considering enforcement when making rules and regulations. Randy Beard, Pure Water Pools, commented on challenges with enforcement. Dr. Jack Skinner wondered whether there is an Ordinance against letting one's lawn go brown. He commented positively on Mr. Murdoch's knowledge /efforts and stated that he does not see any way around the need to conserve water and change the public's mindset. In response to Council's questions, Municipal Operations Co- Director Murdoch addressed notifying each customer before the City is able to enforce new regulations. He also discussed the implementation plan. Motion by Mayor Pro Tem Dixon. seconded by Council Member Muldoon, to a) adopt Resolution No. 2015 -34, A Resolution of the City Council of the City of Newport Beach Noticing its Intention to Declare a Level Three Water Supply Shortage, and conduct a public hearing on May 26, 2015, per Section 14.16 of the Newport Beach Municipal Code; and b) direct the City Clerk to publish Resolution No. 2015 -34 within fifteen (15) days of its adoption and at least ten (10) days before the public hearing on May 26, 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 Volume 62 - Page 306 City of Newport Beach Study Session and Regular Meeting May 12, 2015 20. Newport Boulevard Water Main Replacement (Via Oporto to 28th Street and 26th Street to 19th Street) — Award of Contract No. 5481 (CAP14 -0030) [381100 -2015] Public Works Director Webb provided a PowerPoint presentation to discuss the project's background, proposed pipeline alignment locations, project schedule, and recommendations. In response to Council questions, Public Works Director Webb explained coordination with other projects, addressed the 10% contingency, reported on potential impacts, and reported that the plan is to begin the project in September 2015 and end by May 2016 to avoid the summer months. Jim Mosher asked regarding the expected lifetime of the new pipes. Public Works Director Webb reported that the new pipe will last approximately 75 to 100 years. Bill Dunlap asked whether staff considered alternate pipe materials. Public Works Director Webb reported that the City often uses plastic but, since this is a 24 -inch main and after evaluating the different materials, staff determined that steel would be the best option for this project. Motion by Council Member Petros, seconded by Council Member Curry, to a) approve the project plans and specifications; b) award Contract No. 5481 to T.E. Roberts, Inc. for the total bid amount of $3,511,515.00, and authorize the Mayor and City Clerk to execute the contract; c) establish a contingency of $350,000.00 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 15BA -047 appropriating $260,000 from the Water Enterprise unappropriated fund balance to Account No. 7511- C6002014 to augment funding budgeted for Fiscal Year 2015- 16. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Cunt', Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich 21. Council Policy Manual Update for 2015 [100 -2015] City Manager Kiff distributed a handout with suggested updates to the 2015 Council Policy Manual. Mayor Pro Tern Dixon commented on the process for placing items on the agenda (Council Policy A -6). City Manager Kiff discussed the current process and the proposed process. Council Member Curry noted that the reason for Council Policy A -6 is to avoid having staff work on something where there is no consensus to move forward. He expressed concerns with the suggested language, "...shall be submitted and circulated two weeks prior to a Council meeting" since staff should be diligent not to do a lot of work on an item until there is Council consensus. Mayor Selich suggested that Council be mindful of staff resources without overburdening them and give the City Manager discretion if he feels additional direction is needed from Council before moving ahead with an item. He stated that he is comfortable with the amended wording. Council Member Petros concurred with Council Member Curry and expressed the opinion that the proposal would be moving too quickly. Volume 62 - Page 307 City of Newport Beach Study Session and Regular Meeting May 12, 2015 Mayor Pro Tern Dixon suggested giving it two weeks or obtaining a second Council Member's support. City Attorney Harp cautioned Council on potential Brown Act violations. In response to Council Member Muldoon's comments, City Manager Kiff suggested that he would consider how much time is needed to generate a report and request authorization from Council if an extensive report is warranted. Council Member Muldoon stated that the existing threshold of four Council Members discussing an issue is too high but that a free- for -all would be too low. Mayor Selich suggested either allowing more time for consideration or maintaining the existing Policy. City Attorney Harp suggested allowing any Council Member to suggest adding an item to the agenda to see if there is a majority that wants to discuss it. He added that a Council Member could speak to the City Manager by Tuesday and he would put it on the agenda as an item for discussion to determine if a more hearty discussion is needed. City Manager Kiff added that Council would determine whether it wants to discuss an issue or not. Council Member Curry commented positively on the proposed process. In response to Council Member Peotter's comments, City Attorney Harp proposed amending Council Policy A -6 to eliminate 3A and change 3B from the Mayor to any Council Member. Council Member Peotter voiced support for the Mayor's proposal, as written. Mayor Selich suggested pulling the matter as a side issue and dealing with it at the next Council meeting. City Manager Kiff addressed Council Policy A -9 and suggested modifications. Council Member Duffield indicated that he hoped that the proposed changes would reduce the chances of committees duplicating efforts. He hoped to discuss merging them as well as considering the Harbor Commission's goals with respect to budgeting. Council Member Curry asked whether this is possible under the current Policy and City Manager Kiff responded affirmatively, but noted that this would add rigor and ensure that an annual review would consider duplication of roles. Council Member Muldoon expressed support for rigor and eliminating inefficiencies. Mayor Selich stated that the City already has the ability to deal with the issue under the current Policy. Without objection, Mayor Pro Tem Dixon referenced Council Policy F -14 and suggested updating it every year. Jim Mosher commented on the yearly review of the Council Policy Manual and believed that there are too many proposed changes to act on the matter at this time. Motion by Council Member Petros, seconded by Council Member Peotter, to a) approve the following proposed revisions to the Council Policy Manual: A -2, amended A -9, A -12, A -14, A -17, B -1, B -7, B -10, B -13, B -16, D -4, D -8, F -2, amended F -14, F -27, H- 3,I- 2,I -11, K -3, L -16 and L -26; and b) adopt Resolution No. 2015 -35, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policies and postpone discussion regarding Policy A -6 to the next Council meeting. Volume 62 - Page 308 City of Newport Beach Study Session and Regular Meeting May 12, 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 22. Adopt Resolution Establishing Two -hour Parking Restrictions on Old Newport Boulevard from Hospital Road to Catalina Drive [100 -2015] Public Works Director Webb provided the staff report and explained the concerns of nearby businesses, as well as their request to establish two -hour parking in the area. Motion by Council Member Petros, seconded by Council Member Curry, to a) rescind Resolution No. 2014 -21; and b) adopt Resolution No. 2015 -36, A Resolution of the City Council of the City of Newport Beach Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2014 -21, for the establishment of two -hour parking restrictions on Old Newport Boulevard from Hospital Road to Catalina Drive. 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 23. Council Policy A -6: Review of Commercial Marina Rental Rates; Consideration of Purchase of Residential Property at 230 Kings Place for a Park [100 -20151 Council Member Duffield recused himself from the Commercial Marina Rental Rates portion of the discussion because he owns a commercial dock. Council Member Muldoon believed that commercial marina rental rates seem to be a controversial issue and requested to receive more information at a future Study Session. Mayor Selich suggested expanding the issue to include moorings and having an outside, independent review of all commercial rates and moorings. He acknowledged the Harbor Commission's work on the matter and recommended having the Harbor Commission present a report to Council at the Study Session prior to the Regular Meeting in which the issue will be discussed. Motion by Council Member Curry, seconded by Council Member Peotter, to determine to place a discussion and action item regarding receiving a presentation from the Harbor Commission on what they recommend for moorings at a Study Session; and later vote whether to have a third party look at commercial marina rental rates and /or moorings. Council Member Peotter noted that Council Member Duffield will be able to participate in the mooring discussions, but not on rental rates for commercial marinas. He requested that staff bifurcate the items on the agenda. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Recused: Council Member Duffield Council Member Duffield returned to the Chambers and took his place on the dais Volume 62 - Page 309 City of Newport Beach Study Session and Regular Meeting May 12, 2015 City Manager Kiff addressed the location of the site and asked for direction in terms of whether Council would like the City to purchase the property. Council Member Duffield explained that it would be a joint effort where residents would contribute 50% of the cost of the land and park construction. Council Member Petros noted that, if there is enough public interest, residents should contribute towards the purchase of the property. Mayor Pro Tem Dixon stated that it was also her understanding that residents would contribute to the land acquisition, as well as creation of a park. She added that she would be happy to talk about the matter and obtain public input, but expressed reluctance at spending approximately $3 million just to acquire the property. Council Member Curry suggested that the property owner develop a plan to present to Council for consideration. John Sturgess clarified that the proposal is to have the City purchase the land and assume the liability, and that nearby residents would band together and finance the construction of a low - maintenance, open -space park. He distributed copies of a handout detailing the proposal. Brian Brooks spoke in support of the City purchasing the property, noting that it has been blighted for the last few years. He believed that this is a rare opportunity to enhance the quality of life for residents and urged Council to discuss the matter further. Bill Dunlap spoke in support of the proposal and encouraged Council to explore the possibility. Patrice Courteau discussed the history of the property and spoke in support of a park, but noted challenges in terms of parking and noise. She believed that all the community residents should have a say on the matter. She suggested applying a curfew to the park to reduce noise in the evenings. City Manager Kiff reported that the City cannot enforce a curfew in a small area. He noted that the property is assessed at a value $1.5 million and that the City does not have the item budgeted. Additionally, he reported that it would take private property off the tax rolls. Council Member Duffield commented on timing and on the need to be fiscally responsible. In response to Mr. Sturgess' request, Council Member Curry commented on the proposal and noted that it would require the City to take on additional debt. Mayor Pro Tem Dixon commented on the possibility of the City facilitating increased private funding sources. Motion by Mayor Pro Tem Dixon, seconded by Council Member Duffield, to discuss the purchase of the residential property at 230 Kings Place (APN 049- 202 -01) in the Cliff Haven neighborhood for a 0.38 -acre "passive park" during a Study Session. Following discussion, Mayor Pro Tem Dixon withdrew her motion. Motion by Mayor Pro Tem Dixon, seconded by Council Member Muldoon, to not bring the matter back on the agenda regarding consideration of purchasing residential property at 230 Kings Place (APN 049- 202 -01) in the Cliff Haven neighborhood for a 0.38 -acre "passive park" Volume 62 - Page 310 City of Newport Beach Study Session and Regular Meeting May 12, 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 XXI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - 10:30 p.m. The agenda for the Regular Meeting was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on May 7, 2015, at 4:00 p.m. r 1 City Cle%k `"& S b Recording Secretary Mayor Volume 62 - Page 311