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HomeMy WebLinkAbout11/22/2016 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 22, 2016 I. ROLL CALL - 7:00 p.m. Present: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Excused: Council Member Peotter II. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Muldoon III. INVOCATION - Council Member Petros IV. NOTICE TO THE PUBLIC V. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Selich announced the installation of the cow art exhibit throughout the City and displayed photos of some of the cow art. Mayor Dixon stated she would be holding her final Mayor's Town Hall Meeting in the Friends Room of the Central Library on December 5, at 6:30 p.m. She reported that the Newport Beach Library was ranked as a Star Library and congratulated library staff, supporters and volunteers. She also mentioned the Let's Talk Tech training series that will be held in the Central Library Media Lab on Tuesday evenings at 7:00 pm. She discussed the launch of the Business Ambassador Program. Community Development Director Brandt expressed her excitement over the launch of the program. VI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of a Statement or Resolution Relating to Campaign Sign(s) Associated with Candidate Fred Ameri (Curry) City Clerk Brown explained the process pursuant to Council Policy A-6. In response to Council Member Curry's question, Assistant City Attorney Torres stated public comment was not required. Council Member Curry believed that the item should be placed on a future agenda. Mayor Dixon indicated the necessary votes were not received after a show of hands indicated Council Member Curry was the only Council Member in favor of furthering this item. VII. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Petros expressed his gratitude that the Newport Theater Arts Center project was completed (Item 11). Volume 63 - Page 133 City of Newport Beach Regular Meeting November 22, 2016 Jim Mosher stated it was his understanding that the agenda would be light due to the holiday and Council Member Peotter's absence, but noted there were several considerable items. He further commented on Items 3 and 5. VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 7, 2016 City Council Special Meeting [100-2016] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Coastal Implementation Plan Amendment for the Lido House Hotel Floor Area Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016.061) [100. 2016] a) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and b) Introduce Ordinance No. 2016-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Local Coastal Program, Title 21 of the Newport Beach Municipal Code, by Increasing the Maximum Allowable Floor Area for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061), and pass to second reading on December 13, 2016. ORDINANCES FOR ADOPTION 4. Adoption of the 2016 California Building Standards and Fire Codes with Local Amendments [100-2016] a) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a physical change to the environment, directly or indirectly; b) Conduct second reading and adopt Ordinance No. 2016-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division Il of the 2016 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2016 California Historical Code, the 2016 California Existing Building Code, the 2016 California Green Building Standards Code, and the 2016 California Energy Code; and to Adopt the Local Amendments to the 2015 International Property Maintenance Code, the 2016 Edition of the 2016 California Building Code, the 2016 Edition of the California Residential Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, and the 2016 California Plumbing Code; and C) Conduct second reading and adopt Ordinance No. 2016-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2016 California Fire Code with Local Amendments. 5. Local Coastal Program Implementation Plan Second Reading (PA2013-001) [100-2016] a) Find the proposal is statutorily exempt from California Environmental Quality Act pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; and Volume 63 - Page 134 City of Newport Beach Regular Meeting November 22, 2016 b) Conduct second reading and adopt Ordinance No. 2016-19, An Ordinance of the City Council of the City of Newport Beach, California, Adding Title 21 to the Newport Beach Municipal Code and Approving the Local Coastal Program Implementation Plan, as Modified by the California Coastal Commission. RESOLUTIONS FOR ADOPTION 6. One Year Extension of Outdoor Dining Pilot Program for Balboa Village (PA2015-137) [100-2016] a) Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and b) Adopt Resolution No. 2016-120, A Resolution of the City Council of the City of Newport Beach, California, Approving a Second Year of the Outdoor Dining Pilot Program within Balboa Village. Approval of Measure M2 Expenditure Report [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. 2016-121, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for Fiscal Year Ending June 30, 2016. 8. Resolution No. 2016-122 Amending the Memorandum of Understanding with the Newport Beach Police Association (C-2056) [381100-2016] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(cX3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2016-122, A Resolution of the City Council of the City of Newport Beach, California, Approving the Second Side Letter of Agreement to the 2014-17 Memorandum of Understanding between the City of Newport Beach and the Newport Beach Police Association Regarding Further Amendments Clarifying Motor Officer and Canine Officer Compensation Provisions. CONTRACTS AND AGREEMENTS 9. Cameo Shores Pavement Reconstruction - Notice of Completion for Contract No. 5891 (Project No. 15R02) [381100-2016] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (On May 24, 2016 the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant 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 Faithful Performance Bond one year after acceptance by the City Council. 10. 2014-2015 Citywide Slurry Seal Program - Notice of Completion for Contract No. 5895 (Project No. 15R04) [381100-2016] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (On April 28, 2015 the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant 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 Faithful Performance Bond one year after acceptance by the City Council. Volume 63 - Page 135 City of Newport Beach Regular Meeting November 22, 2016 11. Newport Theater Arts Center Building Improvements - Notice of Completion of Contract No. 7022-2 (Project No. 15F02) [381100-20161 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project (This project was found exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301(a)); 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 Faithful Performance Bond one year after acceptance by the City Council. 12. Central and Mariners Libraries Restrooms Rehabilitation Project - Award of Contract No. 8135-1 (15F02) [381100-20161 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for Existing Facilities because the in-kind and in-place rehabilitation of the existing interior restrooms will not result in a physical change to the environment, directly or indirectly; b) Approve the project drawings and specifications; c) Award Contract No. 8135-1 to New Dynasty Construction Co. for the total bid price of $429,810.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency amount of $43,190 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 13. Approval of an Agreement with the County of Orange for Participation in the Surfside - Sunset Stage 13 Orange County Beach Erosion Control Project (17H05) (C-8268-1) [381100- 20161 a) Acknowledge that the Army Corps of Engineers, acting as the lead agency, will process the necessary environmental documentation for this project. The Army Corps will prepare an Environmental Assessment in accordance with NEPA (National Environmental Policy Act). The document will be circulated for public review once completed. It is anticipated that the project will have a Finding of No Significant Impacts (FONSI) as was determined in the 2008 Stage 12 Project; b) Authorize the Mayor to execute an agreement with County of Orange for a sand replenishment project in the Huntington Beach Littoral Cell that covers the stretch of shoreline between San Gabriel River and Newport Bay Harbor Entrance; and c) Approve Budget Amendment No. 17BA-016 appropriating $40,000 from the unappropriated Tidelands Maintenance Fund to Account No. 10001-980000-17H05 (Surfside -Sunset Coastal Sand Replenishment). 14. InfoSend, Inc. — Amendment to Professional Services Agreement for Document Printing, Mailing Services and Online Presentment (C-6211) [381100-20161 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) Waive Council Policy F-14, approve Amendment No. One ("Amendment") to the current PSA with InfoSend to provide document printing and mailing services, and online presentment, and authorize the Mayor and City Clerk to execute the Amendment. 15. Approve a Memorandum of Understanding with the California Coastal Commission (CCC) to Use the Donated Funds from Newport Harbor Yacht Club for the Central Avenue Public Pier Project (C-8280.1) [381100-20161 a) Find the approval of the MOU between the City and the CCC for the use of donated funds for the Central Avenue public pier project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (construction of limited, new small facilities) of the CEQA Guidelines; and Volume 63 - Page 136 City of Newport Beach Regular Meeting November 22, 2016 b) Authorize the City Manager to sign the MOU between the City and the CCC for the use of donated funds for the Central Avenue Public Pier project. Mayor Dixon and Council Member Duffield recused themselves on Item 15 because they are members of the Newport Harbor Yacht Club 16. Amendment No. 1 to Agreement with Habitat for Humanity Orange County (C-6378) [381100-20161 a) Find the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1(Existing Facilities); and b) Approve and authorize the Mayor and City Clerk to execute the amendment to the agreement with Habitat OC. 17. Community Programs Grants for Fiscal Year 2016-2017 (C-8281) [381100-2016] 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) Pursuant to City Council Policy A-12, find that the organizations listed below provide services or programs that serve residents and are beneficial to residents' quality of life and authorize the allocation of $40,000 in Community Programs Grants in the following manner: Our Lady Queen of Angels Church - Helping Hands $7,100 Serving People in Need, Inc. (SPIN) 5,000 Share Our Selves Corporation (SOS) 5,000 Someone Cares Soup Kitchen 5,000 Council on Aging 3,000 Boys and Girls Clubs of Central Orange Coast 3,000 Newport -Mesa Family YMCA 3,000 Youth Employment Services (YES) 2,200 Newport Harbor High School 2,200 Newport Beach Sister City Association 1,500 Advocates for Grandparent -Grandchild Connection 1,500 Speak Up Newport 1.500 TOTAL $40,000 c) Allocate $25,000 for the Balboa Island Historical Society and $10,000 for the Newport Beach Historical Society. 18. Agreement for As -Needed Athletic and Recreational Field Services with CSA Holdings, dba Sports Field Services (C-8282-1) [381100-2016] 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 the agreement with CSA Holdings for as -needed athletic and recreational field services for a three year term, and authorize the Mayor and City Clerk to execute the agreement. 19. Final Tract Map No. 17386 for Mixed -Use Development Located at 3900 and 3928 East Coast Highway (C-8283-1) [381100-2016] a) Find this project exempt from California Environmental Quality Act (CEQA) pursuant to Section 15268, Ministerial Projects (approval of final subdivision maps), of CEQA Guidelines because it has no potential for a significant effect on the environment; b) Review and approve Final Tract Map No. 17386 located at 3900 and 3928 East Coast Highway (attached) pursuant to Section 19.60.010 of the Municipal Code; and Volume 63 - Page 137 City of Newport Beach Regular Meeting November 22, 2016 c) Review and approve the Subdivision Agreement for Final Tract Map No. 17386 pursuant to Section 19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the Subdivision Agreement. MISCELLANEOUS 20. Planning Commission Agenda for the November 17, 2016 Regular Meeting [100-20161 Receive and file. 21. Update on Water Use and Conservation Efforts - October 2016 [100-20161 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) Receive and file. 22. Request to Waive a Portion of Council Policy L-21 to Accommodate a Sidewalk Cafe (Outdoor Dining) within the Public Right -of -Way along Marine Avenue on Balboa Island Adjacent to the Village Inn [100-20161 Remove this item from the calendar. 23. Annual Reporting on Development Impact Fees and Development Agreements [100-20161 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) Receive, review, and file the Annual Reports on Development Impact Fees and the Development Agreements. Motion by Mayor Pro Tem Muldoon, seconded by Council Member Duffield, to approve the Consent Calendar; and noting the recusals by Mayor Dixon and Council Member Duffield on Item 15. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Peotter IX. ITEM REMOVED FROM THE CONSENT CALENDAR - None X PUBLIC COMMENTS ON NON -AGENDA ITEMS Joe Stapleton, Harbor Commissioner, announced that the Harbor Commission will be conducting a special meeting on December 10, at 5:30 a.m., in order to hold an informational Harbor tour. XI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported on the Aviation Committee meeting that was held on November 21, at which the Committee moved to support the City's efforts against the Federal Aviation Administration (FAA). XII. PUBLIC HEARINGS 24. Newport Coast Annexation and Development Agreement Extension (PA2015.165) - Newport Coast and Newport Ridge (C-3382) [381100-20161 Volume 63 - Page 138 City of Newport Beach Regular Meeting November 22, 2016 Community Development Director Brandt presented a PowerPoint presentation, including background, Newport Coast and Newport Ridge annexation area, land use regulatory documents covering the area, development summary, cooperative agreement, and recommended terms of extension. She noted that a supplemental memo was distributed and corrections suggested by Mr. Mosher would be made if approved. Dan Miller, The Irvine Company, clarified that the units already existed and explained how the annexation agreement came about. He objected to Section 5.2 and requested it be removed from the Development Agreement. He discussed termination of the cooperative agreement. He believed that the County's Local Coastal Plan (LCP) would still govern until the City's LCP was in effect. He requested Council approve the Development Agreement with exception of Section 5.2. Community Development Director Brandt explained the process if the City terminated the Cooperative Agreement and amended its General Plan and Zoning Code. Assistant City Attorney Torres noted the City has discretion to terminate the Development Agreement, amend the General Plan, begin the process to terminate the Cooperative Agreement, and take over LCP responsibility. Dan Miller stated State legislation has to be considered because the Coastal Commission LCP preempted the City. Assistant City Attorney Torres, respectfully, disagreed with Mr. Miller and explained the need for consistency between the General Plan and LCP. Mayor Dixon opened the public hearing. Jim Mosher believed it was irresponsible for the City to take action prior to considering the effect of planning in the area. He questioned whether the City could take over the County's LCP, asked if the City's Newport Coast Advisory Committee provided its recommendation, and expressed concern about the proposed conversion of hotel rooms into residences. Hearing no further testimony, Mayor Dixon closed the public hearing. In response to Council question, Assistant City Attorney Torres discussed whether or not The Irvine Company could build, and explained it depended on timing and the City's actions. He stated the Development Agreement was voluntary. He explained that, if Council took no action, the Development Agreement would expire on January 1, 2017. No action was taken on this item. 25. 191 Riverside Avenue Land Use and Zoning Amendments (PA2016-127) [100-2016] Planning Program Manager Alford presented a PowerPoint presentation, indicating the proposed amendments, displaying the project site and surrounding area, relationship to Mariners Center, CEQA review, Land Use, and analysis under Charter Section 423. Council Member Petros received confirmation from Planning Program Manager Alford that the analysis was conducted using the maximum development scenario available under the General Plan and Zoning Code. Planning Program Manager Alford continued the presentation discussing the development potential, traffic, parking, and next steps. Volume 63 . Page 139 City of Newport Beach Regular Meeting November 22, 2016 Susan Hori, Manatt Phelps and Phillips, representing the applicant, stated the proposal was for a land use and zoning amendment to implement the General Plan vision. She discussed the Planning Commission's recommendation of approval. She stated no development was being proposed and the purpose was to make the zoning and land use consistent with the surrounding commercial development. She urged Council to approve the requested amendments. She explained parking for the site and the reciprocal easement agreement. Council Member Selich stated he previously voted against the matter in an effort to retain the post office, which was done, therefore he now supports the proposal. Mayor Dixon opened the public hearing. Jim Mosher believed proposed General Plan amendments should come forward with a specific project. He recommended the alternative Planning Commission recommendation to change the zoning to General Commercial. Hearing no further testimony, Mayor Dixon closed the public hearing. Council Member Petros discussed the 2014 decision and concern regarding the potential loss of the post office. He commended the property owner for keeping his word and expressed hope that it would continue. He indicated support for the project. Motion by Council Member Petros, seconded by Council Member Duffield, to a) find that the proposed project would not result in a potentially significant impact on the environment as documented in Negative Declaration ND2016-004 by adoption of Resolution No. 2016-123, A Resolution of the City Council of the City of Newport Beach, California, Adopting Negative Declaration ND2016-004 (SCH No. 2014011028) for Land Use and Zoning Amendments Located at 191 Riverside Avenue, pursuant to the California Environmental Quality Act; b) adopt Resolution No. 2016-124, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2016-002 and Local Coastal Plan Amendment No. LC2016-002 for Property Located at 191 Riverside Drive; and c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2016-22, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Zoning Code and Local Coastal Program Amendment for Property Located at 191 Riverside Avenue, and pass to second reading on December 13, 2016. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Peotter 26. Establishment of Fees for Coastal Development Permit Applications [100-20161 Community Development Director Brandt requested that Council establish a fee for coastal development permits. Mayor Dixon opened the public hearing. Jim Mosher believed the statement on Page 26-2 should read November 22, not November 8. He requested clarification on whether Coastal Development Permit decisions could be appealed to the Coastal Commission. He questioned the statement on Page 26-4 of the resolution regarding MGT of America determining the waiver fee in 2010. Volume 63 - Page 140 City of Newport Beach Regular Meeting November 22, 2016 XIII. Community Development Director Brandt stated the study came up with a rate of $198/hour which was used to determine the flat fee. Hearing no further testimony, Mayor Dixon closed the public hearing. Motion by Council Member Curry, seconded by Council Member Selich, 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) adopt Resolution No. 2016-125, A Resolution of the City Council of the City of Newport Beach, California, Establishing a Coastal Development Permit Fee and a Coastal Development Permit Waiver Fee Pursuant to Newport Beach Municipal Code Section 21.50.040. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Peotter 27. Lido Fire Station No. 2 Replacement - Approval of Professional Services Agreement with WLC Architects (C-8269-1) [38/100-2016] City Manager Kill indicated the agreement was over $500,000, therefore was placed on Current Business rather than the Consent Calendar. Motion by Council Member Curry, seconded by Council Member Petros, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) 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; and b) approve a Professional Services Agreement (PSA) with WLC Architects of Rancho Cucamonga, CA for the Lido Fire Station No. 2 Replacement Project at a not -to -exceed price of $525,800.00, and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Peotter 28. Arches Diversion Project - Approval of Professional Services Agreement with Stantec Consulting Services Inc. (16X11) (C-8279-1) [38/100-2016] City Manager Kiff indicated the agreement was over $500,000, therefore was placed on Current Business rather than the Consent Calendar. Motion by Council Member Petros, seconded by Council Member Selich, to a) determine the action is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) approve a Professional Services Agreement with Stantec Consulting Services Inc. (Stantec) to prepare a field survey, construction documents, storm drain easements, permit applications and perform flow and water quality monitoring for a not -to -exceed Volume 63 - Page 141 City of Newport Beach Regular Meeting November 22, 2016 price of $249,786, and authorize the Mayor and City Clerk to execute the Agreement; and c) approve Budget Amendment No. 17BA-017 recognizing $839,500 in revenue for Arches Diversion Project Account No. 13801-431500-16X11 and reducing appropriations for this project from $890,000 to $839,500 in Account No. 13801-980000-16X11. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Absent: Council Member Peotter 29. Review of Conceptual Street Layout Alternatives for Bayside Drive between East Coast Highway and Jamboree Road/Marine Avenue [100-20161 Council Member Selich recused himself from this item since he owns property on Bayside Drive. Public Works Director Webb presented a PowerPoint presentation, providing background on Bayside Drive, project improvement needs, and resident comments. Senior Civil Engineer Sommers continued the PowerPoint presentation outlining vehicle counts, multi -modal peak hour counts, vehicle speeds, accident history, design alternatives, Concept 1(Four Lane Alternative), and Concept 2 (Hybrid Alternative) with a closer look at the roundabout. In response to Mayor Dixon's question, Public Works Director Webb explained efforts to slow traffic down in hopes of reducing incidents. Senior Civil Engineer Sommers discussed the roundabout analysis, lane reduction analysis, community outreach and feedback, tentative schedule, and alternative summary. In response to Council questions, Senior Civil Engineer Sommers discussed the bike lane width and limit on the bike lane due to residential access. Public Works Director Webb discussed the concern of Linda Isle residents regarding auto dealer unloading areas and the need for enforcement. Public Works Director Webb discussed options for the entry off Coast Highway. He stated there would be additional costs that have yet to be defined. He indicated confidence for the one lane option due to traffic counts. He discussed emergency vehicle access and believed Concept 2 would reduce speeding and accidents. Peter Dunkel discussed the loss of two of his vehicles by speeders along Bayside Drive. He expressed support for Concept 2 to reduce speed and traffic incidents. Lori Teslow read a letter from her parents who live on Bayside Drive, indicating support for the turnabout and discussing the need to protect residents and visitors from traffic hazards. She added her own observations regarding the lack of neighborhood ambiance and support for a residential roundabout and expanding the bike lane. Seymour Beek discussed his use of Bayside Drive and requested retaining the existing configuration. Doug Simpson discussed his use of Bayside Drive and indicated support for a two lane road and roundabout. Volume 63 - Page 142 City of Newport Beach Regular Meeting November 22, 2016 Sally Sopkin reminded Council to retain sight of traffic, speed and accidents. She indicated opposition for the traffic circle due to aesthetics and bicyclist safety. She suggested reducing the road to one lane to decrease speeding. Gregson Hall expressed support for Concept 2. Michelle Hall urged the Council to approve Concept 2 and narrowing the road to one lane on each side. She believed Concept 1 would not adequately reduce speeds and expressed concerns relative to accidents and pedestrian safety. Chad Hall discussed accidents in front of his home. He suggested the Council approve Option 2. Carolyn Klein discussed the need for two lanes from Pacific Coast Highway into Linda Isle. She stated all 103 Linda Isle homes oppose Concept 2. Max Hampton discussed speeding issues from Linda Isle into the Pavilions parking lot. He discussed traffic accidents at his home and the need to reduce speed. Margo O'Connor indicated opposition to reducing the traffic lanes and constructing the roundabout. She expressed concern with increased drunk driving on Bayside Drive. She suggested a third option of repaving Bayside Drive and consideration of other options to reduce speed. George Schroeder discussed his use of Bayside Drive and emphasized Council's need to do what was best for the greater good. He discussed racing of Formula 1 cars on Bayside Drive. Colin Berger expressed support for Concept 2 and discussed traffic safety issues and accidents. Jack King discussed traffic issues on Bayside Drive and suggested installing a stop sign at Harbor Island Drive or a roundabout. He presented photographs of similar four lane roads. He expressed support for Option 2. Council Member Petros reported a stop sign could not be installed to control speed. Dave Brennan discussed speeding and accidents on Bayside Drive and expressed support for Concept 2. Marge Austin took issue that her driveway would be impacted if Bayside Drive were reduced to one lane and discussed traffic issues. Jacques Sopkin reminded Council that Bayside Drive was the only bypass to Coast Highway. Cheryl Dunkel expressed support for Concept 2 for safety reasons. Council Member Curry thanked the residents for their input. He discussed the need to reduce speeds and improve safety. He expressed support for Concept 2. Council Member Petros discussed the loss of his friend and traffic accidents on Bayside Drive. He stated it was necessary to slow traffic down to increase safety. He expressed support for Concept 2. Motion by Council Member Petros, seconded by Council Member Curry, to a) find this project exempt from the California Environmental Quality Act (CEQtA) pursuant to Section 15301 (for repair, maintenance and minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) select Concept 2 (Hybrid Alternative) to move forward with in the design phase. Volume 63 - Page 143 City of Newport Beach Regular Meeting November 22, 2016 Council Member Duffield agreed with Council Member Petros and encouraged staff to help the Linda Isle residents, and enforce offloading of vehicles and parking restrictions. Mayor Pro Tem Muldoon indicated opposition to the proposal. Mayor Dixon stated safety was the number one priority. She indicated support for proceeding with Concept 2, considering the sidewalk and bike lanes, involving the entire community, and returning to Council with the plan. Mayor Dixon emphasized that unlawful auto dealership unloading needed to be dealt with. Public Works Director Webb stated a design contract would be brought back to Council, followed by a more detailed layout. Without objection, Council Member Petros amended the motion to include consideration of the four lane segment between PCH and Linda Isle. The motion carried by the following roll call vote: Ayes: Council Member Duffield, Council Member Curry, Council Member Petrosa Mayor Dixon Nays: Mayor Pro Tem Muldoon Absent: Council Member Peotter Recused: Council Member Selich XII. MOTION FOR RECONSIDERATION - None XIII. ADJOURNMENT - 9:51 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 November 17, 2016, at 4:00 p.m. UV uV l City Clerk Volume 63 - Page 144