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HomeMy WebLinkAbout10/11/2016 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 11, 2016 I. ROLL CALL - 6:00 p.m. Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Excused: Mayor Pro Tem Muldoon H. PUBLIC COMMENTS Jim Mosher took issue that there was no study session and the lack of items on the regular agenda. He suggested study sessions for the following topics to be discussed: 1) Southern California Gas Company advanced meter street light antennae deployment; 2) formulating a policy for public disclosure of contributions and private communications prior to making decisions; and 3) the future of Newport Coast. He discussed a candidate forum and the policy regarding interference with administrative service, and indicated the lack of agenda items gave the perception of a lack of transparency on behalf of Council and City staff. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the item as listed in the Closed Session agenda and read the title. III. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Richard Vos and Jenelle Bernacchi u. City of Newport Beach, et al. United States District Court Case No. CV 6:15-768 JCG B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 1 matter IV. RECESS - 6:04 p.m. V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Excused: Mayor Pro Tem Muldoon VII. CLOSED SESSION REPORT - None VIII. PLEDGE OF ALLEGIANCE - Council Member Duffield IX. INVOCATION - Rev. Fernando Tamara, Orange County First Assembly of God Volume 63 - Page 111 City of Newport Beach Regular Meeting October 11, 2016 X. PRESENTATIONS Friends of OASIS Update John Carroll, Friends of OASIS President, commended the City's administrative staff and discussed the vanpool program, use of student volunteers, need to purchase new chairs, their pancake breakfast, event subsidies, and fundraising. He encouraged Council to visit the senior center. Mayor Dixon thanked Mr. Carroll, and recognized Friends of OASIS in attendance, Senior Services Manager Jardine -Haug, and Recreation and Senior Services Director Detweiler. Recognition of 1025 W. Balboa Boulevard Cleanup Community Development Director Brandt explained the creative clean-up efforts that took place on September 17 at 1025 W. Boulevard that was spearheaded by Code Enforcement Officer John Murray and a group of volunteers from St. Andrews Presbyterian Church, led by Dan Wendell. Mayor Dixon thanked those involved and presented Certificates of Recognition. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Curry stated he represented the City at the League of California Cities (LCC) Conference and the Long Beach Innovation Summit. He announced he attended the Newport Beach Food and Wine Festival and the Crystal Cove Annual Gala. Mayor Dixon discussed the recent Fire and Lifeguard Appreciation Dinner held on September 29, 2016. She announced the Art in the Park event on October 15, 2016, the Half -Century Aerial Photography Retrospect Exhibit in the Central Library, the Annual Senior Resources Expo and Taste of OASIS on October 22, 2016, and the upcoming document shredding event on November 4, 2016. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Duffield discussed Item 6 (Dredging Contract) and the competitive bidding process. He emphasized the importance of proceeding with the dredging and the need to look for alternative processes. Mayor Dixon requested consideration of a Council Policy for special recognitions, such as Item 3 (Vin Scully Day). Referencing Item 10 (Appointments to the Balboa Village Advisory Committee), she believed the resolution needed to be revised to change ExplorOcean to Ocean Quest. Regarding Item 8 (Planning Commission Agenda), Jim Mosher discussed the actions taken at the Planning Commission meeting. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 27, 2016 Closed Session and Regular Meeting [100-2016) Waive reading of subject minutes, approve as amended, and order filed. Council Member Curry abstained on Item 1 since he was not in attendance. Volume 63 - Page 112 City of Newport Beach Regular Meeting October 11, 2016 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. Vin Scully Day [100-2016] a) Waive City Council Policy A-6 relating to how a City Council Member may place an item on the regular City Council Meeting Agenda; if waived: b) Adopt Resolution No. 2016-115, A Resolution of the City Council of the City of Newport Beach, California, Recognizing October 11 as Vin Scully Day; and c) Determine that the adoption of Resolution No. 2016-115 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. CONTRACTS AND AGREEMENTS 4. Traffic Signal Modernization Project - Phase 8 Notice of Completion for Contract C-6079 (Project No. 15T11) [38/100-2016] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (September 8, 2015, City Council found this project 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 the acceptance by the City Council. 5. Newport Boulevard Widening from 30th Street to Via Lido - Notice of Completion for Contract No. 4881 (Project No. 15R17) [38/100-2016] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (In accordance with the California Environmental Quality Act (CEQA) guidelines, a Mitigated Negative Declaration was prepared, circulated for review, and adopted by City Council on October 28, 2014); 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 the acceptance by the City Council. 6. Grand Canal Dredging Project - Phase 1 of 3 Planned Permitted Projects - Award of Contract No. 8171-1 (161112) [38/100-2016] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 4 Section 15304 (g) (Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 8171-1 to Associated Pacific Constructors, Inc. (APC) for the total bid price of $397,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $38,000.00, approximately 10 percent, contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 17BA-012 appropriating $84,000.00 from the unappropriated Tidelands Capital fund balance to Account No. 10101-980000-161112 for Grand Canal Dredging Project - Phase 1 project. Volume 63 - Page 113 City of Newport Beach Regular Meeting October 11, 2016 7. Grant of Easement from Big Canyon Country Club for Big Canyon Creek Bypass Pipe (C-5810) [38/100-2016] Approve Big Canyon Country Club Grant of Easement (Attachments Al and A2) needed to construct a bypass line for Big Canyon Creek as part of the Big Canyon Habitat Restoration and Water Quality Improvement Project, and authorize the Mayor and City Clerk to execute the Grant of Easement. (On May 10, 2016, City Council adopted Resolution No. 2016-58, A Resolution of the City Council of the City of Newport Beach adopting Mitigated Negative Declaration No. ND2016-001 (SCH# 2016031011) for the Big Canyon Habitat Restoration & Water Quality Improvement Project (PA2016-046), pursuant to California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3.) MISCELLANEOUS 8. Planning Commission Agendas for the October 6, 2016 Regular Meeting [100-2016] Receive and file. 9. Budget Amendment to Accept a Check in the Amount of $18,000 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2016/2017 Maintenance and Operation Budget [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) Approve Budget Amendment No. 17BA-013 to increase revenue estimates by $18,000 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 01060604-711003 (Literacy Services). 10. Confirm Appointments to the Balboa Village Advisory Committee to Represent the Balboa Village Merchants Association and ExplorOcean [24/100-2016] 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) Confirm the Mayor's BVAC appointments of Marcel Ford to represent the Balboa Village Merchants Association (BVMA) and Mike Wheeler to represent ExplorOcean for terms that expire on December 31, 2016. Motion by Council Member Peotter, seconded by Council Member Selich, to approve the Consent Calendar; and noting the abstention by Council Member Curry on Item 1. 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 Dixon Absent: Mayor Pro Tem Muldoon XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher discussed Ballot Measure MM and asked why 5 of 7 votes were required. City Attorney Harp clarified that only 5 votes of the City Council were necessary. Volume 63 - Page 114 City of Newport Beach Regular Meeting October 11, 2016 XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros announced the upcoming Finance Committee meeting on October 13, 2016 at 4:00 p.m. in the Newport Coast Conference Room, at which unfunded liability would be discussed. XVIII. CURRENT BUSINESS 11. Purchase and Sale Agreement with LAB Holding, LLC for the Balboa Theater Property, Located at 707 E. Balboa Boulevard (C-8004-2) [38/100-20161 Deputy Community Development Director Jurjis provided the staff report. Shaheen Sadeghi, President of LAB Holding LLC, presented a PowerPoint presentation depicting their desire for preservation, previous projects and examples of restoration, and programming and leasing with local operators. Sean Fitzgerald, Discovery Science Center/Discovery Cube's Ocean Quest, expressed support for the agreement. Jim Mosher questioned the process regarding the City purchasing the property back. Community Development Director Brandt stated the selling price would be negotiable. City Attorney Harp stated "fair market value" would be included in the agreement. Council Member Selich discussed his participation in the interviewing and selecting of LAB Holding, and indicated his support for the recommended action. Motion by Council Member Selich, seconded by Council Member Curry, to a) find the execution of a purchase and sale agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and b) authorize the City Manager to execute a purchase and sale agreement, in a form substantially similar to the agreement in the staff report, and all associated documents with LAB Holding, LLC to sell the property at 707-709 E. Balboa Boulevard for a price of $1,000,000. Council Member Petros expressed support for the proposal and discussed other revitalization projects. Council Member Curry expressed support for the proposed revitalization. Mayor Dixon concurred with the other Council Members and discussed the importance of revitalization. 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 Dixon Absent: Mayor Pro Tem Muldoon 12. Police Headquarters and Fire Station No. 3 Roofing Project - Award of Contract No. 8211- 1 (17F02) [38/100-20161 Deputy Public Works Director Vukojevic presented a PowerPoint presentation to display photographs of the existing roofs and highlight the proposed project. Volume 63 - Page 115 City of Newport Beach Regular Meeting October 11, 2016 Council Member Peotter questioned the use of gravel on the roof and suggested a high tech membrane roof for the fire station. He requested the opportunity to work with staff and bring the item back at the next meeting. Motion by Council Member Peotter. seconded by Council Member Selich, to continue the item to the October 25, 2016 City Council 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 Dixon Absent: Mayor Pro Tem Muldoon XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:06 p.m. in memory of Wendy Brooks 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 October 6, 2016, at 4:00 p.m. f F� City Clerk "- /)S Mayor Volume 63 - Page 116