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HomeMy WebLinkAbout10/27/2015 - Study Session / Regular Meeting111101 "'1 Olt �v I City Council Minutes Study Session and Regular Meeting October 27, 2015 I. ROLL CALL - 5:45 p.m. Present: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Excused: Council Member Curry H. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Proclamation to the Sister Cities Association, Recognition of Delegation from Antibes, France Library Services Director Hetherton introduced the item. Mayor Selich read the names of the delegation from Antibes, France, and read a Proclamation in recognition of the 25th Anniversary of the Sister City relationship between the Antibes and Newport Beach. Wolf Burg spoke and provided gifts to Mayor Selich and Mayor Pro Tem Dixon. Mayor Selich presented gifts and the Proclamation to the delegation; and Mayor Selich and Mayor Pro Tem Dixon expressed their appreciation to the delegation and to staff for organizing activities for the delegation. SS3. Presentation of a Check for $221,125 from the Newport Beach Library Foundation to the Library Tracy Keys, Executive Director of Newport Beach Library Foundation, presented a check to the City for $221,125, noting the money is from members of the Foundation. Dorothy Larson, President of the Newport Beach Library Foundation Board of Directors, stated that the gift is a demonstration of the public/private partnership between the Foundation and the City. She added that the gift helps the City create a more enhanced library experience for everyone and recommended the public check out the Library. Mayor Selich thanked the Foundation for the hard work it does in raising money Council Member Petros commented positively on his experiences at the Library. SS4. Resident Water Conservation Recognition Municipal Operations Director Murdoch commented on the City's water conservation goals, and noted residents' innovative ways to conserve water. He presented a video of resident Cheryl Livingston who came up with an invention to capture rain water and show other ways of conserving, and presented her with a token of appreciation for her efforts. Volume 62 - Page 477 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Mayor Selich read an announcement regarding the City's water conservation efforts and reminded residents of the related requirements. He referred residents to www.newportbeachca.gov/water for additional information. City Manager Kiff introduced new Assistant City Manager Carol Jacobs and Human Resources Director Barbara Salvini. III. PUBLIC COMMENTS Jim Mosher commented on the claim against the City by the Big Canyon Country Club and hoped that staff will explain to the new Council Members that the claim seems to be based on a false premise that the City is merely passing along recycled water and has no costs in doing so. He referenced start-up costs and ongoing costs, and commented on the limited window of opportunity to file claims against the City. 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 — 6:19 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman; Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - LIABILITY CLAIM (Government Code § 54956.9(d)(2), (e)(2) and (e)(3)): 4 matters On April 7, 2015, Big Canyon Country Club submitted a claim pursuant to the Tort Claims Act seeking a refund of certain monies paid to the City of Newport Beach for recycled water. Pursuant to Government Code Section 54957.5, a copy of the claim is available at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, CA 92660. Additionally, there are only three other customers that received recycled water from the City of Newport Beach based upon the rate of 80% of the cost of potable water and have the potential to file a claim and initiate litigation against the City to recover the difference between the 80% rate and the new lower priced recycled water rate provided in Newport Beach Municipal Code Chapter 14.13. The three other customers are Newport Beach Country Club, Our Lady Queen of Angels Church, and the Newport Mesa Unified School District. V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 62 - Page 478 City of Newport Beach Study Session and Regular Meeting October 27, 2015 VII. ROLL CALL Present: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Excused: Council Member Curry VIII. CLOSED SESSION REPORT City Attorney Harp announced that the City Council authorized the Mayor to execute settlement agreements with Big Canyon Country Club, Our Lady Queen of Angels, Newport -Mesa Unified School District, and Newport Beach Country Club to settle disputes related to the alleged overpayment by these entities for recycled water. Pursuant to the terms of the settlement agreements, which were available to the public, the City will pay Big Canyon Country Club $222,700, Our Lady Queen of Angels $7,769, Newport -Mesa Unified School District $12,395, and Newport Beach Country Club $190,179. All agreements are final except for the agreement with the Newport -Mesa Unified School District who is considering the settlement this evening. The motion was made by Council Member Muldoon and seconded by Mayor Pro Tem Dixon. All Council Members voted in favor of the settlements. IX. PLEDGE OF ALLEGIANCE — Council Member Petros X. INVOCATION — Pastor Christian Mungai, Mariners Church Irvine XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Petros reported participating in the Coral Tree replanting ceremony at the park on Cliff Drive and reported that Arbor Real Estate donated $3,000 for the cost of replacing the tree. Additionally, he reported attending the Newport Beach & Company Marketing Outlook Dinner. He addressed the return on investment that the organization provides the City. Mayor Pro Tem Dixon reported attending the Newport Beach & Company Marketing Outlook Dinner where City Manager Kiff was honored. She commented on the Library check presentation during Study Session and announced upcoming Library programs. In response to Mayor Pro Tem Dixon's question regarding the audit of the Civic Center project, City Attorney Harp reported that an RFQ was issued for an audit manager position and that the City selected Allison Gibson to be the Project Manager. He added that 12 proposals were received in response to the RFQ for the audit work and that staff selected three firms to interview on November 4, 2015, and Council will likely review the matter at its second meeting in November. Council Member Muldoon reported that Laura Dietz is spearheading a campaign to build an Iwo Jima Monument and announced a fundraising event on Saturday at the Island Hotel. Residents can go to www.Marinesoniwoiima.com for additional information and to donate funds. Council Member Duffield thanked and commended City staff for their work on the Dover Drive project. Additionally, he reported attending the Environmental Nature Center (ENC) Pumpkin Patch event and reported taking the 2015 Rose Parade Royal Court on one of his boats. Mayor Selich reported attending the Coral Tree planting and the Newport Beach & Company Dinner. Additionally, he commented on his attendance of the recent Rising Tides Conference in New Hampshire, adding that he will present a report to the City in the near future. Volume 62 - Page 479 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Mayor Selich commented positively on the Dover Drive landscaping project and announced a free document shredding event on November 7, 2015, from 8:00 a.m. to noon, in the parking lot of Mariners Elementary School. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA — None XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Mayor Selich's question regarding Item 7 (Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park), City Manager Kiff and Public Works Director Webb explained advertising and marketing by Newport Beach & Company, in the context of this agreement. Denys Oberman requested Council pull Item 6 (Marina Park Parking). Jim Mosher commented on Items 11 (Confirm Nominations to the Visit Newport Beach, Inc. Executive Committee) and 12 (Confirm Nominations to Fill the Unscheduled Vacancy on the City Arts Commission). He questioned whether Council has seen the full list of applicants and suggested that a complete list of applicants be provided in future staff reports. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 13, 2015 Study Session and Regular Meeting [100-20151 Waive reading of subject minutes, approve as amended, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Summary Vacation of Existing Sewer Easement at 729, 731 and 735 Saint James Road, and 730 and 734 Saint James Place [100-20151 a) Adopt Resolution No. 2015-83, A Resolution of the City Council of the City of Newport Beach, California, Declaring City's Vacation of an Existing 10 -Foot Wide Sewer Easement Crossing Lots 15, 16, 17, 18, and 19 of Tract No. 1218; 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. 4. Adopt Resolutions for Inclusion of Properties within the City's Jurisdiction in the California Home Finance Authority PACE Programs and Associate Membership Agreement in California Home Finance Authority (C-6340) [38/100-20151 a) Find these actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines; b) Authorize the Mayor and City Clerk to execute the Amended and Restated Joint Exercise of Powers Agreement of the California Home Finance Authority joining as an Associate Member; Volume 62 - Page 480 City of Newport Beach Study Session and Regular Meeting October 27, 2015 c) Adopt Resolution No. 2015-84, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City's Consent to Inclusion of Properties within the City's Jurisdiction in the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto; and d) Adopt Resolution No. 2015-85, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City's Consent to Inclusion of Properties within the City's Jurisdiction in the California Home Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements, Electric Vehicle Charging Infrastructure, and Approving Associate Membership in the Joint Exercise of Powers Authority Related Thereto. 5. City Council Policy F-9 (City Vehicle Equipment and Guidelines) [100-2015] a) Approve Resolution No. 2015-72, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-9 (City Vehicle /Equipment Replacement Guidelines); and b) Direct staff to return to the Finance Committee and then to a future Council meeting to review useful lives of vehicles and equipment. Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park (C-6333) [381100-2015] a) Approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Basin Marine, Inc. for Marina Management Services at Marina Park for $367,200 for two years; b) Approve Resolution No. 2015-90, A Resolution of the City Council of the City of Newport Beach, California, Setting Fair Market Value Rent for Transient Boat Slips at Marina Park; and c) Approve Resolution No. 2015-91, A Resolution of the City Council of the City of Newport Beach, California, Approving a Model Guest Slip Agreement for Short Term Slip Rentals at Marina Park. CONTRACTS AND AGREEMENTS 8. Approval of Amendment No. 2 to the Professional Services Agreement with AECOM for Planning Services Associated with the Balboa Island Seawall Project (C-5208) [38/100-2015] Approve Amendment No. 2 to the Professional Services Agreement with AECOM (formerly URS Corporation) of Long Beach, California at a cost $22,700.00 and authorize the Mayor and City Clerk to execute the Agreement. 9. Semeniuk Slough Dredging Project - Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc. (C-5804) [38/100-2015] Approve Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc., (Noble) of 2201 Dupont Drive, Suite 830, Irvine, CA 92612-7509, to perform topographic and bathymetric surveys, modify contract documents, and modify permit applications to extend the limits of dredging within Semeniuk Slough to include clearing the box culvert (owned by Caltrans) that drains into the Semeniuk Slough at a not -to -exceed cost of $56,972.00 and, authorize the Mayor and City Clerk to execute the Agreement. Volume 62 - Page 481 City of Newport Beach Study Session and Regular Meeting October 27, 2015 MISCELLANEOUS 10. Budget Amendment to Accept a Check in the Amount of $221,125 from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2015/2016 Maintenance and Operation Budget [100-2015] Approve Budget Amendment No. 16BA-010 to increase revenue estimates by $221,125 in Account 0106051-511085 (Library Foundation) and to increase expenditure estimates by the same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy Services). 12. Confirm Nominations to Fill the Unscheduled Vacancy on the City Arts Commission [100-2015] Confirm the nominations of Michael Kerr and Jennifer Van Bergh to fill the unexpired balance of Charles Ware's term on the City Arts Commission. 13. Cultural Arts Grants, 2015/16 [100-2015] Approve recommended recipients for FY 2015/16 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I-10 - Financial Support for Culture and the Arts. Council Member Peotter voted No on this Item. Motion by Mayor Pro Tem Dixon, seconded by Council Member Petros, to approve the Consent Calendar, except for the items removed (Items 6 and 11); and noting the recusal by Council Member Duffield on Item 11, and the no vote by Council Member Peotter on Item 13. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Marina Park Parking - Establish Marina Park Parking Lots Hours, Approve the Marina Park Daily Parking Permit, and Exempt Master and Annual Permit Parking from Marina Park Parking Lots [100-2015] Mayor Pro Tem Dixon asked that the Resolutions be modified to allow both master and annual permits at Marina Park parking for unlimited master permits and a specified number of blue pole permits. Additionally, she asked that staff come back in one year to revisit the parking program. She noted that overnight parking is prohibited, and reported that Marina Park parking is not a public parking lot but is for the use of Marina Park. She emphasized that parking is included for individuals enrolled in programs at Marina Park. Motion by Mayor Pro Tem Dixon, seconded by Council Member Petros, to a) adopt Resolution No. 2015-86, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2000-38, to Establish the Hours of Operation for the Marina Park Parking Lots; b) adopt Resolution No. 2015-87, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Marina Park Daily Parking Permit; c) adopt Resolution No. 2015-88, AResolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-110, to Allow Marina Park Parking Lots for Master Parking Permit Use; and d) adopt Resolution No. 2015-89, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-109, to Allow Marina Park Parking Lots for a Limited Number of Annual Parking Permit Use. Volume 62 - Page 482 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Recreation and Senior Services Director Detweiler utilized a PowerPoint presentation and announced the upcoming dedication on December 5, 2015, at 10:00 a.m. She addressed project parking requirements, actual parking spaces being created, minimizing parking concerns, and assessment of parking within a year. She reported on facility rentals, operating hours, and the traditional use of facilities by residents. In response to Council Member Peotter's question, Recreation and Senior Services Director Detweiler explained the parking process for class participants. Furthermore, she explained the Master Permit program and reported that, depending on parking availability, users could use on -street parking. Council Member Peotter commented on allowing the parking plan to go forward and staff to evaluate the program for other opportunities to maximize parking for everyone. He noted that there will be seasonal changes in demand and stated that there would be greater opportunities for parking off-season. Substitute motion by Council Member Peotter to a) adopt Resolution No. 2015-86, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2000-38, to Establish the Hours of Operation for the Marina Park Parking Lots; b) adopt Resolution No. 2015-87, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Marina Park Daily Parking Permit; c) adopt Resolution No. 2015-88, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-110, to Exclude Marina Park Parking Lots from Master Parking Permit Use; and d) adopt Resolution No. 2015-89, A Resolution of the City Council of the City of Newport Beach, California, Amending Resolution No. 2011-109, to Exclude Marina Park Parking Lots from Annual Parking Permit Use. The motion died for lack of a second. In reply to Council Member Petros' question regarding parking for park users, Recreation and Senior Services Director Detweiler stated that users would have to pay for parking. Annual Permit holders would be able to park along Bay Avenue and Balboa Boulevard for free, using their permits. Council Member Petros noted that the plan would save parking for the use of the building, not for the use of the entire park. He added that Marina Park is a complete facility that includes programs but also the beach and the park, noting that having Annual Permit holders pay, when not using on -street parking, does not seem fair. City Manager Kiff clarified that the Master Permit allows for parking anywhere in the City at any lot. The Annual Permit does not allow the same access. Recreation and Senior Services Director Detweiler pointed out use of on -street parking by Annual Permit holders. Council Member Petros suggested letting the public enjoy their facility and addressing any problems upon evaluation rather than anticipating problems. Mayor Pro Tem Dixon suggested moving the program forward and evaluating it at a future date. She added that users will not necessarily be enrolled in programs in order to use the facilities. Responding to Council Member Muldoon's question, Recreation and Senior Services Director Detweiler addressed the hours of operation including facility rental hours. City Manager Kiff noted there will be an ongoing, 24-hour marina presence. Volume 62 - Page 483 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Council Member Muldoon expressed concerns about early hours, loitering and bothering neighbors. He suggested changing parking hours to start at 7:00 a.m. rather than 6:00 a.m. Recreation and Senior Services Director Detweiler noted that the City's Park ordinances allow parks to be open from 6:00 a.m. to 11:00 p.m. Mayor Pro Tem Dixon commented on allowing the Master Permit to be used in the parking lot and addressing opening hours. City Manager Kiff received clarification from Mayor Pro Tem Dixon that her suggestion is to allow blue pole permits for a specific number of poles if necessary. In response to Mayor Pro Tem Dixon's question regarding Ruby's operating until midnight, Recreation and Senior Services Director Detweiler noted that their lease overrides the addendum about alcohol regulations and they are allowed to operate only until 11:00 p.m. She reported that any changes would need to be reviewed by the City Manager. In response to Mayor Selich's question, Recreation and Senior Services Director Detweiler explained that the 177 parking spaces include the Girl Scout spaces and explained the process. Mayor Selich believed that, relative to the marina, most users will not need parking spaces as they will be travelling to the facility by boat. Denys Oberman commented positively on the facility and believed there are not enough parking spaces, especially for facility rental events. She expressed concerns regarding displacing the residents' ability to access the park and their homes, and urged Council to find a solution. Additionally, she suggested utilizing some of the grass areas for additional parking spaces in order to reach realistic onsite parking capacity. She addressed changing operating hours and urged Council to act on this now rather than making residents wait to see if problems arise. Pete Anderson, representing the Central Newport Beach Community Association, commented positively on the facility, but expressed concerns regarding parking and the hours of operation. He asked that the City continue to engage in dialogue for increased understanding. At Mayor Selich's request, Recreation and Senior Services Director Detweiler explained the parking requirements determined during the EIR, noting that the EIR identified a lower amount of parking spaces than what will be provided. Mayor Selich emphasized there is an excess of parking for the anticipated use of the facility. In response to Mayor Pro Tem Dixon's question, Recreation and Senior Services Director Detweiler explained that there are 177 parking spaces in the parking lots of Marina Park, which does not include on -street parking. City Manager Kiff noted that Marina Park has an adequate amount of parking for all uses. Staff did not envision a scenario where on -street parking would be taken by Marina Park users. He noted that demand for parking will be seasonal. Fred Levine, Central Newport Beach Homeowners Association Board Member, requested that Council continue this matter until after the upcoming town hall meeting to gather additional information. He expressed concerns regarding parking, operating hours and noise. George Schroeder stated that Council and staff may not have given enough thought to actual impacts to residents. He believed that on -street parking will be impacted by the park. He added that beach lot parking will not be used until after on -street parking is full. He suggested lowering the number of classes offered at the facility during busy times of the year Volume 62 - Page 484 City of Newport Beach Study Session and Regular Meeting October 27, 2015 and commented on the need for a West Newport Community Center. Elliot Van stated that he liked the idea of assigning some spots for Annual Permit and Master Permit holders. He addressed specific parking areas and losing free -parking on street sweeping days. He commented on hours of operation and monitoring parking when the park is closed, as well as impacts to residents. He believed that people attending special events and using the Marina should not be able to park on the street. City Manager Kiff clarified parking requirements for marina users and that street parking is protected through the permit process. In response to Mayor Pro Tem Dixon's questions, Public Works Director Webb addressed on-site parking and existing off-site parking. He discussed the addition of parking on 18th Street and noted that there will be a surplus of parking on-site. He believed that residents will be able to use on -street parking since there should be more free parking on the streets. Council Member Muldoon stated that he would like to see changes in the hours of operation to avoid loitering and expressed concerns regarding impacts. He agreed with Mr. Schroeder's comments regarding having fewer events during summer hours to minimize parking impacts on neighboring residents. At Mayor Selich's request, Recreation and Senior Services Director Detweiler clarified parking for the cafe, and confirmed that patrons of the cafe will also need to pay for parking. She added that staff has not yet identified a parking validation program specifically for the cafe. At Mayor Pro Tem Dixon's request, Recreation and Senior Services Director Detweiler addressed the hours of operation for other City Community Centers. City Attorney Harp noted that, pursuant to City regulations, parks are closed from 11:00 p.m. to 6:00 a.m. Mayor Pro Tem Dixon restated that her motion would be to amend the Resolutions to allow both Master and Annual Permits at Marina Park with an unlimited number of Master permits and a specific number of Annual Permits, return to Council for evaluation within a year, and have staff clarify hours of operation. City Manager Kiff suggested continuing the matter to allow staff to incorporate Council comments and return with Resolutions at a future meeting. Motion by Mayor Pro Tem Dixon, seconded by Council Member Petros, to continue the item. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry 11. Confirm Nominations to the Visit Newport Beach, Inc. Executive Committee "00- 20151 Volume 62 - Page 485 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Council Member Duffield recused himself from this item due to a business relationship with Visit Newport Beach, Inc. Council Member Peotter requested that the City Clerk forward all applications whenever there is a vacancy, regardless of recommendations from committees. In response to his question regarding Mr. O'Neil's application and whether members are required to file a Form 700 (Statement of Economic Interests), City Attorney Harp stated that members of the Visit Newport Beach Board are not required to file a Form 700. Council Member Peotter expressed concerns relative to divided interests, specifically related to Mr. O'Neil. He indicated that he will not support his appointment. Motion by Council Member Petros, seconded by Mayor Pro Tem Dixon, to confirm the nominations of Dennis O'Neil and Douglas Wood to fill the member position on the VNB Executive Committee with an effective appointment date of December 14, 2015, for the sole purpose of calculating the start date of the four year term. The motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Nays: Council Member Peotter Recused: Council Member Duffield Absent: Council Member Curry XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Lila Crespin, representing the Newport Beach Arts Foundation, thanked Council for the recent Art in the Park Event. She provided an update of this year's event, the organization's mission statement, public support of their events, Foundation members, their docent program, and goals. Wayne Harropson commended Council and staff for having prayers at the start of each meeting. He referenced the invocation at a previous meeting and reiterated his case that Council owes Council Member Peotter an apology for attempting to censure him and to disassociate itself from his remarks regarding the Supreme Court decision on same-sex marriage. He believed that the Supreme Court does not release one from the obligation of being under the Supreme power. Denys Oberman expressed concern with a black asphalt runway that was constructed on the beach near her home. She believed that it is an eyesore, attracts people on bicycles and vehicles late at night, and asked that it be removed and replaced with a sidewalk. City Manager Kiff reported that the access ways have been covered with sand, were constructed in the late 1990s, and are part of Americans with Disabilities Act (ADA) access efforts. He stated that the City slurry -sealed over it at the request of residents because the asphalt had become rough and was hurting users' feet. He added that a Coastal Development permit is required to remove or change them. Catherine Pepys, Alzheimer's Association Orange County Chapter, invited everyone to the 2015 Walk to End Alzheimer's. She provided information regarding the November 7, 2015, event in Huntington Beach, and another on November 14, 2015, at Angel Stadium. She encouraged the public to participate and provided a brochure with registration information. Fred Levine believed that the black asphalt access way is an eyesore and is difficult to walk on in the heat. He also thanked Council for continuing discussions regarding parking at Marina Park. Volume 62 - Page 486 City of Newport Beach Study Session and Regular Meeting October 27, 2015 George Schroeder believed that the black asphalt access way is difficult to walk on during hot days. He suggested adding a lighter pigment to the asphalt for improved aesthetics. Coeli Hylkema commented on the need for a speed -limit sign on the northbound side of Newport Boulevard, just beyond Via Lido. Laura Curran referenced the recent consideration of the wastewater plan and stated that Municipal Operations Director Murdoch was misquoted and that staff should present accurate information to the public. Additionally, she requested that Council direct staff to enforce the Zoning Code relative to group homes and allowed uses. She noted regulations related to Integral Recovery Facilities and believed that Miramar Recovery is operating in violation of the Zoning Code. She added that residents continue to be impacted by the facility and requested to meet with the City Manager and City Attorney to address her issues of concern. City Manager Kiff reported that this is an active Code Enforcement case and that staff will not discuss that specific matter. However, staff can meet and discuss the City's general approach on enforcing the group residential uses Ordinance. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None XIX. PUBLIC HEARINGS 14. Balboa Resident Preferential Parking Program (PA2014-016) [100-20151 Principal Planner Campbell provided a PowerPoint presentation to address background, public outreach, source and details of the original request, a survey and results, changes made based on public input, the phased approach, rules of the parking permit, enforcement and next steps. Mayor Pro Tem Dixon thanked staff for their efforts and stated that, after public input at this time, she is prepared to request that the parking permit fee be waived. Mayor Selich opened the public hearing. Marianne Zippi commented on inaccuracies and the process, and noted that the City's Municipal Code requires that 50% plus one, of residents, not residential units, approve the project. She addressed problems with the process, approval by the Coastal Commission, counting and monitoring of the ballots, and requested that Council review her issues of concern. Linda Ramage pointed out that Buena Vista Boulevard is not a street, but a sidewalk. She added that most people living on Buena Vista Boulevard park on Linde, Avenue. She reported receiving the ballots, but noted that she was out of the country and believed that the City did its due diligence in informing residents. She reported voting against the plan, but noted wanting to change her vote because she feels that residents from other parts of the area will now park on her street. She suggested including Island Avenue and Lindo Avenue in the plan. Don Kenny noted attending prior meetings relative to this issue and that no one in attendance supported the plan. He questioned comments regarding the Census and asked for a print out of the ballot results. Mike Glenn believed that no one in previous meetings supported this. He added that less than 60% of people replied to the survey and quoted from the Municipal Code in terms of Volume 62 - Page 487 City of Newport Beach Study Session and Regular Meeting October 27, 2015 survey results from the majority of residents, not residences. He claimed he did not receive a ballot in the mail and alleged that the process was invalid. He spoke in opposition to the plan and believed that it is an expansion of government. Dave Balak commented on changes in the plan and believed that they will cause problems for those on Island Avenue. He expressed concerns with decreasing property values as property owners will now need to disclose the parking problems. He suggested expanding the plan to Th Street. Council Member Petros commented on the many phases to this plan and noted that the rollout of the plan would be to Medina Way. Principal Planner Campbell agreed and added that after evaluation, staff would consider implementation of Phase 2 after review by Council. Coeli Hylkema expressed concerns that this will set a precedent for other areas in the City to request special permit parking, and believed there are other issues that need to be addressed. Howard Wells commented on potential negative parking impacts in the area, the need for many residents to clean up their garages in order to allow for parking, and to enforce existing regulations. Jim Mosher commented on staff's assertion regarding Council's ability to expand the plan, on what is being submitted to the Coastal Commission in terms of approving just the proposed area, and being confined to what the City is asking for from the Coastal Commission. He noted that this is an area that has a parking problem because residents have more cars than there are off-street spaces to park them. He addressed Municipal Code requirements to have the majority of residents support the program, and non-residents currently occupying more than half of the parking spaces. Mayor Selich noted that, if Council wanted to expand the proposed area, it would simply require an amendment from the Coastal Commission. George Hajjar reported never receiving any information regarding this matter and believed that this is just another way to tax people and generate revenue. He did not agree with charging residents for permits, believed that the City should limit the number of permits, and expressed his opposition. Deanna Schnabel noted that the area is unique and explained the rationale for supporting the plan. She addressed impacted areas and noted that, over the years, the City has attempted to improve parking. Additionally, she reported that there is resident support for the plan. Jim Stratton commented on his prior proposal of an alternative relative to the Walker Parking study recommendation and now called an RP3 program. He spoke in support of the plan, having it move forward to the Coastal Commission, commended staff for its diligence, and requested Council give the plan a chance. Mike Roth commented on the worsening parking conditions, stating the need to try the plan to determine if it works. He urged Council to move the plan forward to the Coastal Commission. Larry Ehrlich believed that he already is paying for parking through his property taxes and commented on challenges with guest permits. He suggested utilizing shuttle or other alternative options, and addressed parking relative to Marina Park. W. R. Dildine commented on his experience in the City, provided background regarding this matter, and asked that Council move forward with the plan. Volume 62 - Page 488 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Howard Hall provided background on this matter and believed that Phase 1 makes sense, but Phase 2 does not. He added that staff is creating a solution in the East Newport area that does not have a problem and expressed his opposition to the plan. James Petrilli requested that his property be included in the plan. He asked that Council allow the plan to expand further to the east. Hearing no further testimony, Mayor Selich closed the public hearing. In response to Council Member Muldoon's question, City Attorney Harp noted that the Municipal Code identifies the process as it relates to residents and non-residents. Principal Planner Campbell added that questionnaires were sent to each residential unit, property owner, and mooring permit holder. He reported that whoever filled out the ballot was the representative for each household. City Attorney Harp noted that it is up to Council to determine how the ballots are counted. Council Member Muldoon stated his support of the plan and commented on the number of passes allowed per day. Principal Planner Campbell addressed the number of guest parking permits allowed per day and how to obtain them. In response to Mayor Selich's question, Principal Planner Campbell addressed resident and absentee -property owner ballots. Council Member Petros commented on his experience with the Balboa Village Advisory Committee (BVAC) and living in the area. He addressed the revitalization of the Balboa Village area and noted that it is time to return it to a resident -serving, vibrant area that everyone can enjoy. He referenced the Master Plan for the area and noted that it includes many systems, including the possibility of a tram or trolley system, bicycle amenities, better sidewalks, and is holistic in its revitalization effort. He added that one of the efforts is to provide early planning that will proactively stop parking generation in the area. He expressed support for the plan and stated that if it does not work, it can be eliminated. He added that this is a vital step in the process. Mayor Pro Tem Dixon noted the holistic revitalization effort and spoke in support of the plan. Community Development Director Brandt commented on the elements of the parking management process and noted that this is part of an integrated package. Additionally, she addressed expectations relative to the Coastal Commission in terms of incorporating flexibility in the plan. Motion by Mayor Pro Tem Dixon, seconded by Council Member Petros, to a) authorize the submission of a Coastal Development Permit application to the California Coastal Commission for the approval of the Balboa Resident Preferential Parking Program; and b) waive the parking permit fee for residents. In response to Council Member Peotter's question, Community Development Director Brandt addressed parking for the Catalina Flyer and other excursion services. She reported that staff is considering different incentives to encourage parking in specific areas. Mayor Selich expressed his support of the motion. The motion carried by the following roll call vote: Volume 62 - Page 489 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry 15. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010- 150) [38/100-20151 Community Development Director Brandt introduced the item, summarized the matter, and noted that the subject facility is in compliance with the Zoning Implementation Agreement. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Peotter, seconded by Mayor Pro Tem Dixon, to a) find this review exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; b) find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and c) receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry 16. Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) [100-20151 Council Member Petros recused himself from this item due to business interests. Community Development Director Brandt presented a summary of the matter. Mayor Selich opened the public hearing. Jim Mosher expressed the opinion that he fails to find a reason why The Irvine Company should gain an extra 10 -feet to their height restriction, and referenced a missing letter submitted by Stop Polluting Our Newport (SPONO against the matter. He took issue with The Irvine Company moving entitlements and noted that they are the only entity benefiting from this. Hearing no further testimony, Mayor Selich closed the public hearing. Principal Planner Campbell noted a change proposing to rename Farallon to Civic Center Drive and referenced map changes. In response to Council questions, Dan Miller, representing The Irvine Company, addressed the purpose for their request. He also noted that the extra height is related to screening of roof -top equipment. Volume 62 - Page 490 City of Newport Beach Study Session and Regular Meeting October 27, 2015 Principal Planner Campbell added that the development potential of the area is open to whoever asks for it first. Motion by Council Member Peotter, seconded by Mayor Pro Tem Dixon, to a) find the proposed amendments to the Block 500, Corporate Plaza and Corporate Plaza West Planned Community District Regulations and the transfer of development are exempt from, and are not subject to, the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) find the proposed amendment of the North Newport Center Planned Community exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines; c) adopt Resolution No. 2015-92, A Resolution of the City Council of the City of Newport Beach, California, Approving Transfer of Development No. TD2015-001 (PA2015-109); d) introduce Ordinance No. 2015-31, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations (PA2015-109), including the amendments to the street name and maps, and pass to second reading on November 10, 2015; and e) introduce Ordinance No. 2015-32, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the North Newport Center Planned Community Development Plan (PA2015-109), and pass to second reading on November 10, 2015. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Recused: Council Member Petros Absent: Council Member Curry XXI. MOTION FOR RECONSIDERATION — None XXII. ADJOURNMENT — 9:55 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 October 22, 2015, at 4:00 p.m. City -Clerk SIA. A, * Nwv---- Recording Secretary ayor Volume 62 - Page 491