HomeMy WebLinkAbout08/09/2016 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
August 9, 2016
I. ROLL CALL - 5:20 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Santa Ana Mountains to Sea National Monument [100-20161
Recreation and Senior Services Director Detweiler provided a PowerPoint presentation,
explaining the purpose of the monument, the National Monument Designation, benefits of the
designation, proposed monument locations, key elements of the bill, General Plan Land Use,
unknowns, and next steps.
Council Member Curry expressed pride in the dedication of open space in Orange County and
indicated support for the effort.
In response to questions and concerns from Council Member Peotter, Recreation and Senior
Services Director Detweiler and City Manager Kiff discussed control of the land and
ramifications of the inclusion/exclusion of various elements.
Council Member Petros spoke regarding The Irvine Company's pursuit for National Landmark
Status for Limestone Canyon. He believed there would be no additional regulation, but could
provide the opportunity for additional funding. He indicated support for seeking the
designation.
Jim Mosher questioned the collection of disparate pieces of the land. He discussed issues with
the Upper Bay and need for periodic dredging. He suggested clarifying whether the natural
monument would make it easier or more difficult to continue dredging.
In response to Mayor Dixon's question, Recreation and Senior Services Director Detweiler
stated the bill did not specify retention of the Upper Bay. City Manager Kiff noted dredging of
the Upper Bay was not a City function.
Dan Purcell opposed yielding any local control to the federal government.
Council Member Peotter recommended removing Buck Gully and indicated he could hold
community meetings to see if they agreed with doing that.
Council Member Curry suggested inviting Congressman Royce or his staff and The Irvine
Company to explain the bill.
Mayor Dixon requested and received clarification that Buck Gully was currently designated as a
National and California Natural Landmark.
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Mayor Dixon and Mayor Pro Tem Muldoon agreed with inviting the Congressman to address
Council questions and concerns.
Council Member Duffield discussed dredging of the Upper Bay and loss of waterways.
In response to Mayor Dixon's questions, Council Member Duffield stated the Upper Bay was
once used for waterskiing. City Manager Kiff noted the waterway was removed when the
Department of Fish and Wildlife took over control of the Upper Bay,
Council Member Peotter believed the proposal was for prestige. He indicated support for the
Congressman and The Irvine Company commenting at a study session.
SS3. Short -Term Lodgings (STLs) [100-20161
Community Development Director Brandt presented a PowerPoint presentation, outlining
background information, regulations, how to get a short term lodging permit, map of lodging
permits, concentrated areas, Balboa Island active permits, January 2016 Council Study Session,
staff efforts, input, filling in the gaps on the Peninsula and West Newport, R-1 lot analysis,
limitations on the number of permits, home sharing, new operational standards for
consideration, other regulations, code enforcement, the internet effect, interactive map, the two -
phased approach, and next steps.
In response to Mayor Pro Tem Muldoon's question, Assistant City Attorney Torres explained
discussions regarding online versus local operators. Mayor Pro Tem Muldoon suggested the
minimum stay be three nights rather than four nights. He expressed concern regarding phasing
out the grandfathered properties.
City Manager Kiff reminded Council of the time constraints. He stated an additional study
session would be held.
Craig Batley discussed the impact to local businesses with reducing short term rentals. He
suggested implementing a terms of use agreement to be signed by the tenant. He suggested
inclusion of the Loud and Unruly Gathering Ordinance (LUGO) addendum and a phone number
to a live operator to respond to questions.
In response to Council questions, Mr. Batley stated one and two night stays were problematic.
He believed four-day minimum stays would impact the revenue to the City, but supported a
three-day minimum. He addressed the possibility of vacation rentals on the Peninsula. He
expressed concern that removing the grandfathered properties would financially impact
property owners. He stated the Peninsula was 77% rental properties.
George Schroeder believed a three-day minimum was a reasonable compromise for the
Peninsula. He expressed concern about R-1 properties being utilized for short term rentals. He
suggested short term rentals require signage with contact information.
Arym Diamond remarked on issues with short term rentals in the Newport Shores
neighborhood. He agreed with phasing out the grandfathered properties.
Kevin Tricell discussed his duplex property and short term rental. He proposed increasing fines
and penalties for both tenants and landlords. He commended the Police Department on
controlling issues.
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Kurt Christiansen spoke on historic vacation rental properties and believed that short term
rentals decrease neighboring property values.
Don Abrams offered thoughts on his vacation rental management company. He concurred with
the staff recommendation, except the inclusion of a name on the rental sign. In addition, he
noted his company required a 7 -day minimum stay, but 3 or 4 -days was adequate.
City Manager Kiff encouraged additional comments be emailed to Community Development
Director Brandt.
Mayor Dixon thanked staff for the information and encouraged continued discussions.
IIl. PUBLIC COMMENTS - None
IV. CLOSED SESSION - 6:40 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Mff, City Manager, Carol Jacobs, Assistant City
Manager, and Barbara Salvini, Human Resources Director; Negotiators.
Employee Organizations: Newport Beach Police Association (NBPA).
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Jeff Herdman u. Leilani L Brown, City of Newport Beach, et al.
Orange County Superior Court Case No. 30.2016-00864124-CU-WM-CJC
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
VIII. CLOSED SESSION REPORT - None
Df. PLEDGE OF ALLEGIANCE - Council Member Selich
X. INVOCATION - Council Member Peotter
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Peotter presented a video announcing the new 160 Street Community Center.
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Council Member Curry congratulated Leadership Tomorrow on the Lobsterfest and the City Arts
Commission for the Concert in the Green.
Council Member Selich discussed the Rolling Stones tribute band concert and announced the Pacific
Symphony Concert at the Civic Center Green on August 14, 2016. He spoke on the City Arts
Commission Retreat on August 13 at which the public was invited to provide input on the Arts Master
Plan.
Mayor Pro Tem Muldoon stated he attended the Newport Citizens of the Year event. He discussed the
Herdman v. Brown litigation. At Mayor Pro Tem Muldoon's request, City Clerk Brown explained her
involvement in determining Mr. Herdman's eligibility to run for City Council and confirmed that the
City Council had not been involved in the decision. Mayor Pro Tem Muldoon stated the City Clerk was
simply doing her job and was not influenced by Council.
Mayor Dixon noted the Fall recreation class registration was open. She announced the City's new shark
education web page (newportbeachca.gov/sharkeducation) and the upcoming Movie in the Park on
August 26. She stated she would be attending the Concert on the Green and Green on the Green Eco
Expo and Disaster Preparedness Expo. She reminded residents of the SR -91 lane closures.
Mayor Dixon announced that Item 20 will be taken out of order and discussed next.
XIX. CURRENT BUSINESS
20. Calling the November 8, 2016 General Municipal Election — Ballot Measure (continued
from the July 26, 2016 City Council meeting) [100-20161
In response to Council Member Peotter's question, City Attorney Harp explained that the item was
moved forward to allow any changes to be made prior to the end of the meeting.
Nancy Skinner believed that this was a proposed solution looking for a problem and that it was
unnecessary.
Jeff Herdman stated he was initially in favor of the proposed tax initiative; however, he opposed the
action since the addition of the Certificates of Participation (COP). He indicated this was a complex
issue that should not be rushed.
Jim Mosher suggested additional thought be given to both proposals and believed both issues should
be reviewed by the Finance Committee. He believed that the ballot measure was not clearly
written.
Mayor Pro Tem Muldoon specified he was hoping to build a consensus at least for emergency
situations. He proposed bifurcating the two issues. He suggested referring the COP issue to the
Finance Committee for review, possible creation of an ordinance, having the issued voted on at the
2018 election, and moving forward with the tax initiative component. He reported that he is
recommending that arguments be written by himself, Mayor Dixon, and Finance Committee
Member Will O'Neill.
Motion by Mayor Pro Tem Muldoon seconded by Council Member Petros, to a) bring the
COP issue to the Finance Committee; b) bring back an ordinance relative to COPs that will sunset
November 2018 after the item goes to a vote at the 2018 General Municipal Election; c) adopt
Resolution No. 2016-70, A Resolution of the City Council of the City of Newport Beach, California,
Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal
Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on
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the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a
Proposed Charter Amendment; d) adopt Resolution No. 2016-71, A Resolution of the City Council of
the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding
City Measures, and Directing the City Attorney to Prepare an Impartial Analysis; e) adopt Resolution
No. 2016-72, A Resolution of the City Council of the City of Newport Beach, California, Providing for
the Filing of Rebuttal Arguments for the City Measure Submitted to Voters at the General Municipal
Election to be Held on Tuesday, November 8, 2016, Pursuant to California Elections Code Section
9285; fj designate Mayor Diane Dixon, Mayor Pro Tem Kevin Muldoon, and Finance Committee
Member Will O'Neill to draft a Direct Argument for the ballot measure and any Rebuttal Argument;
and g) determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly.
Council Member Peotter requested that the maker of the motion and seconder of the
motion also include himself and Carolyn Cavecche of the Orange County Taxpayers
Association to draft the Direct Argument and Rebuttal Argument, if needed. Mayor Pro
Tem Muldoon and Council Member Petros agreed to the request.
Assistant City Attorney Torres reiterated the motion and explained the process for arguments and
rebuttal arguments.
Council Member Curry questioned the statement regarding City Council compensation. Assistant
City Attorney Torres explained the Government Code provision requiring the statement. City
Attorney Harp confirmed this was not imposing new regulations.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Sehch, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Nays: None
Abstain: Council Member Curry
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Tom Meng indicated support for the Eastbluff Street restrictions (Item 3).
David Moore expressed support for the adoption of the parking restrictions, and noted that Patricia and
George Krosse were also in favor of the restriction.
Paul Doremus stated the issues in the area were due to the expansion of the schools and lack of
parking. He expressed frustration that his neighborhood was not offered permit parking.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 26, 2016 Regular Meeting [100-2016]
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
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ORDINANCE FOR INTRODUCTION
Parking Restrictions - Corona del Mar High School Area [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA
Guidelines because it will have no potential to have a significant effect on the environment;
b) Adopt amended Resolution No. 2016-99, A Resolution of the City Council of the City of Newport
Beach, California, Establishing the North Side of Vista del Oro between Eastbluff Drive and
Mar Vista Drive and the West Side of Mar Vista Drive between Domingo Drive and Vista del
Oro as a "No Parking" Area;
c) Adopt amended Resolution No. 2016-100, A Resolution of the City Council of the City of
Newport Beach, California, Limiting the Parking of Vehicles on Arbutus Street, Aleppo Street,
Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street; and
d) Introduce Ordinance No. 2016-15, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Subsection 12.68.060(C) of the Newport Beach Municipal Code to
Establish a Residential Parking Permit Program for Arbutus Street, Aleppo Street, Alder Place,
Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street, and pass to
second reading on September 13, 2016.
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4. Second Reading of Ordinance No. 2016-13 for Zoning Code Amendment No. CA2016-003
for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street
(PA2016-061) [100-2016]
a) Addendum 1 to the previously certified Lido House Hotel Environmental Impact Report
(SCH#20131110022) was adopted by the City Council on July 26, 2016, by Resolution No. 2016-
88 concluding that no new environmental impacts and no impacts of greater severity would
result from approval of the Ordinance; and
b) Conduct second reading and adopt Ordinance No. 2016-13, An Ordinance of the City Council of
the City of Newport Beach, California, approving Zoning Code Amendment No. CA2016-003 for
the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-
061).
5. Second Reading of Ordinance No. 2016-14 Related to Change in Subsidies, Library
and Parking Fines, and Updated Language for Installation Fee [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2016-14, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal
Code Section 3.36.030 Related to Cost Recovery, Section 12.16.020 Related to Parking
Penalties, Subsection 14.12.010(B) Related to Water Service Fees, and Ratifying Existing
Library Fines.
Mayor Pro Tem Muldoon voted no on this item.
RESOLUTIONS FOR ADOPTION
6. Newport Heights Stop Signs [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2016-101, A Resolution of the City Council of the City of Newport Beach,
California, to Post Stop Control on Gary Place, Powell Place, Aldean Place and Michael Place at
their Intersections with 15th Street.
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7. West Newport Mesa Streetscape Master Plan [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2016-102, A Resolution of the City Council of the City of Newport Beach,
California, Approving the West Newport Mesa Streetscape Master Plan (PA2015-138).
City Manager Kiff announced that he is recusing himself because his partner has a
business in the area.
8. Proposed Assessment District No. 114 and 114b — Area Bounded by Riverside Avenue,
15th Street, Irvine Avenue & Cliff Drive [100-2016]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302, item "d" of the CEQA Guidelines: "Conversion of overhead electric utility
distribution system facilities to underground including connection to existing overhead electric
utility distribution lines where the surface is restored to the condition existing prior to
undergrounding;"
b) Adopt amended Resolution No. 2016-103, A Resolution of the City Council of the City of Newport
Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal
Improvement Act of 1913 and Issue Bonds Pursuant to the Improvement Bond Act of 1915, and
Make Certain Findings and Determinations in Connection therewith; all Relating to the
Formation of Assessment District No. 114 and 114b;
c) Adopt amended Resolution No. 2016-104, A Resolution of the City Council of the City of Newport
Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the
Time and Place of the Public Hearing for Assessment District No. 114 and 114b; and
d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine the City will not
participate in the assessment balloting process for the Ensign View Park properties by neither
casting a ballot in favor or against the assessment.
Mayor Pro Tem Muldoon recused himself on this item because he does business with wireless
telecommunication companies.
Council Member Curry recused himself on this item because he is an AT&T stockholder.
CONTRACTS AND AGREEMENTS
9. Annual Concrete Pavement Replacement Program — Notice of Completion of Contract
No. 6304 (16R11) [381100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (At the November 24, 2015 meeting, the project was found to be exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful performance Bond one year after acceptance by the City Council.
10. Water Main Replacement at Goldenrod Avenue and Coast Highway - Notice of
Completion of Contract No. 7010-1 (15W01) [381100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (At the March 22, 2016 meeting, the project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful performance Bond one year after acceptance by the City Council.
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11. Amendment to the Professional Services Agreement with Placeworks, Inc. (C-6393) for
the Preparation of the Environmental Impact Report for the Proposed Museum House
Residential Project Located at 850 San Clemente Drive (PA2015-152) [38/100-2016]
Continue.
12. Request for Policy Waiver to Install Private Improvements within the Public Right -of -
Way at 300 Kings Place (C-8152-1) (N2016-0407) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 150303 of the CEQA Guidelines because it will have no potential to have a
significant effect on the environment;
b) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow a
36 -inch high wood picket fence, a wooden entry gate, and appurtenances that encroach in excess
of 1 -foot into the Kings Place right-of-way, contingent upon all conditions of the Encroachment
Permit process being met; and
c) Direct staff to enter into an Encroachment Agreement with the Owners and authorize the City
Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year
upon receipt of approval.
MISCELLANEOUS
13. Response to the OC Grand Jury- "Drones: Know Before You Fly" [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize the Mayor to send a response to the Presiding Judge, as amended.
14. Support for HR 3643 and HR 4745 Relating to the Interim Storage of Spent Nuclear Fuel
from San Onofre Nuclear Generating Station (SONGS) [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize Mayor Dixon to sign letters as part of the Concerned Coastal Communities Coalition
in support of HR 3643 and HR 4745 relating to an interim site for storage of spent fuel rods
from SONGS.
Council Member Selich voted no on this item since he does not have enough information to
make a determination.
Council Member Petros recused himself on this item because his firm is involved with the
decommissioning of SONGS.
15. Newport Beach & Company's 2017/2018 and 2018/2019 Destination Marketing Plan and
Biennial Budget and the Newport Beach Tourism Business Improvement District's Fiscal
Year 2016/2017 Annual Report and Budget (C-4961) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Authorize a waiver of the timelines provided in section 6 of the Agreement;
c) Receive and file VNB's Biennial Marketing Plan;
d) Review, approve and/or modify VNB's FY 2016/2017 and FY 2017/2018 budget;
e) Review, approve and/or modify the NBTBID's FY 2016/2017 Annual Report; and
f) Review, approve and/or modify the NBTBID's FY 2016/2017 budget.
Council Member Duffield recused himself on this item because he does business with Visit
Newport Beach.
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August 9, 2016
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the
Consent Calendar; noting the recusal by Council Member Duffield on Item 15, recusals by Mayor Pro
Tem Muldoon and Council Member Curry on Item 8, recusal by Council Member Petros on Item 14, and
recusal by City Manager Kiff on Item 7; the no vote by Council Member Selich on Item 14 and the no
vote by Mayor Pro Tem Muldoon on Item 5; the continuance of Item 11; the amendments to Items 3, 8
and 13; and the clarification on Item 15.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XV. ITEM REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Terry Welsh, President of the Banning Ranch Conservancy, provided correspondence and an update on
Banning Ranch, including the Coastal Commission's denial and their proposed plan.
Jim Mosher addressed Council regarding the Southern California Gas Company's advanced meter
program. He stated the City Manager had signed an agreement with the Gas Company regarding
meter placement and suggested the matter be discussed by the City Council.
Dan Purcell believed Council had a fiduciary responsibility to know the future plan of The Irvine
Company.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Selich stated the Local Coastal Plan would be heard by the California Coastal
Commission at its September meeting.
XVIII. PUBLIC HEARINGS
16. Second Reading of Ordinance No. 2016-11 to Amend the Stakeholder Business Structure
and Annual Assessment Levied for the Newport Beach Restaurant Association Business
Improvement District [100-20161
Management Analyst Lacey presented the staff report
Motion by Council Member Curry, seconded by Council Member Petros, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; and b) conduct a second reading and adopt
Ordinance No. 2016-11, An Ordinance of the City Council of the City of Newport Beach, California,
Amending the Stakeholder Business Structure and Annual Assessments Levied for the Newport
Beach Restaurant Association Business Improvement District.
Mayor Dixon opened the public hearing.
John DeFrenza, Crocker's the Well Dressed Frank, stated he was beginning to understand the
intent of the Business Improvement District. He questioned why businesses had not paid their fees
and did not understand the proposed fee structure.
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Ron Schwartz, Muldoon's Irish Pub, noted there had been no opposition to the proposed fee
structure and urged Council to adopt the ordinance.
Jim Mosher discussed the first reading of the ordinance and expressed concerns about the adoption
of the ordinance and that the staff report did not clarify full service versus fast/casual service and
the reason for omitting farmer's markets and gas stations. City Attorney Harp explained that gas
stations and farmer's markets were not included in any of the categories.
Hearing no further testimony, Mayor Dixon closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
17. Ordinance to Waive Past Due Assessments and Associated Penalties for the Newport
Beach Restaurant Association Business Improvement District [100-2016]
City Manager Kiff recommended the public hearing be continued.
Mayor Dixon opened the public hearing.
Jim Mosher suggested the Advisory Board's recommendation be presented to Council.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Motion by Council Member Peotter, seconded by Council Member Duffield, to continue the
item indefinitely.
In response to Mayor Dixon's question, Management Analyst Locey explained the BID'S original
request was to forgive the past due fees. She stated staff needed additional time to review
implementation for collection.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XIX. CURRENT BUSINESS
18. Request for Policy Waiver to Install Private Improvements within the Grand Canal
Public Right -of -Way at 119 Grand Canal (N2016-0375) [100-2016]
Public Works Director Webb stated staff recommended continuing the item in order to work with
the applicant.
Hart Wurner thanked the City for its interest in their project and requested a waiver for their patio.
He explained ADA compliance efforts and discussed other patios on Grand Canal. He displayed a
photograph of the proposed transition.
In response to Council Member Selich's question, Mr. Wurner started he did not know about the
recommendation. Public Works Director Webb stated it was necessary to further discuss the matter
with Mr. Wurner. Mr. Wurner did not agree with any further delays.
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Motion by Council Member Selich, seconded by Council Member Petros, to continue the
item to a future meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
19. Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park [100-
2016]
Library Services Director Hetherton presented a PowerPoint presentation, explaining the Museum
without Walls and funding sources.
Council Member Selich indicated support for the proposal.
Motion by Council Member Selich seconded by Council Member Petros, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; and b) authorize Phases III and IV of the Civic
Center Sculpture Garden exhibition, as suggested by the City Arts Commission.
Council Member Peotter stated he was inclined to oppose the motion due to lack of private
Fundraising efforts, but would support it now with hopes that it would gradually be moved to the
private sector.
In response to Mayor Pro Tem Muldoon's question, Library Services Director Hetherton stated City
Council Policy 1-13 funds were used for the project manager.
Mayor Dixon discussed progress toward private funding and commended the City Arts Commission.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XX. MOTION FOR RECONSIDERATION - None
XXL ADJOURNMENT - 8:36 p.m.
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
August 4, 2016, at 4:00 p.m.
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