HomeMy WebLinkAbout05/09/2017 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
May 9, 2017
I. ROLL CALL - 5:00 p.m.
Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon,
Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Harbor Capital Plan
Public Works Director Webb presented a PowerPoint presentation, discussing the Harbors and
Beaches Capital Plan, including funding, City -owned seawalls, options considered, sand
replenishment, the current plan and Harbor dredging projects.
In response to Council Member O'Neill's question, Finance Director Matusiewicz explained the
revenues over the 30 -year term and the $140 million for bulkhead. Council Member O'Neill
stated it appeared as if revenues by type were substantially higher than expenditures. Finance
Director Matusiewicz explained the process for establishing the Harbor Capital Plan and term
increment revenue.
Council Member Dixon recommended that the Finance Committee review the plan. Finance
Director Matusiewicz stated the Finance Committee already reviewed the project. Council
Member Dixon believed this information was new. In response to Council Member Dixon's
question, Public Works Director Webb explained the tide gate project and stated the Harbor
Commission would review the plan and make recommendations to the City Council. Council
Member Dixon discussed the cost of dredging and requested project prioritization.
Mayor Pro Tem Duffield announced the plan to modify the means of dredging to reduce costs.
Council Member Avery discussed the cost of dredging and expressed faith that the process
would work.
Council Member Herdman stated he was on the original Tidelands Management Committee
recalled there were originally 25 projects on the plan but it has since grown to 67 projects.
Public Works Director Webb explained that floats and gangways were separated out and the
ocean was included. Council Member Herdman stated he was pleased to see the plan was still
alive.
Mayor Muldoon stated a large portion would have to come from Federal funding and a
representative in Washington D.C. would be necessary.
Nancy Gardner thanked the Finance Committee for remembering the beaches. She discussed
the impact of sea level rise and suggested planning for the future.
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Douglas Burke discussed the need for constant maintenance of the silt and asked why
continual dredging was not performed. Mayor Pro Tem Duffield discussed regulations under
the Department of Fish and Wildlife to protect fish and wildlife. He assured everyone that
staff and the City Council were focused on the issues.
Mayor Muldoon commended Mayor Pro Tem Duffield on his passion and creative, innovative
plans.
SS3. Proposed FY18 CIP Budget
Public Works Director Webb and Deputy Public Works Director Vukojevic presented a
PowerPoint presentation, outlining the Capital Improvement Plan (CIP), construction
performance metrics on the 2016-17 CIP, major projects completed, process for project
selection, goals for allocation to the CIP, proposed 2017-18 budget, and re -budgets.
Council Member Peotter requested an update on the Uptown project. Finance Director
Matusiewicz stated $19 million was expected by the end of the year, which was sooner than
initially anticipated. Council Member Peotter requested the Corona del Mar Library be taken
off the list of projects on -hold if the money was received.
Council Member Dixon asked the status of the restaurant at the end of Newport Pier. Public
Works Director Webb noted that Council direction was to not proceed with a restaurant. He
discussed the project to demolish the restaurant and replace the Newport Pier platform and
piles. Council Member Dixon suggested possibly creating something visitor- serving at the end
of pier. Public Works Director Webb suggested a discussion in the future to obtain Council
input. Council Member Dixon commended staff for securing grant funds to fund the
infrastructure repairs.
Mayor Muldoon suggested forming a Council subcommittee to review potential projects to be
completed using the Uptown project payment.
Council Member Herdman recused himself from the Balboa Island Fire Station
Remodel Project and Marine Avenue Reconstruction Project discussions due to the
proximity of the projects to his residence.
Public Works Director Webb reviewed the CIP facilities total budget of $18.7 million.
Council Member Dixon stated she wanted to continue to proceed with Lido Fire Station
replacement, contingent upon obtaining an appropriate site.
Council Member Peotter asked about Marine Avenue reconstruction. Public Works Director
Webb explained the project, including concrete, drainage, and lighting.
Public Works Director Webb provided the pavement condition index, and streets and drainage
CIP budget.
Council Member Dixon requested adding the parking management fund to Balboa Village for
streetscape improvements. City Manager Kiff clarified that it would be a checklist item.
Mayor Pro Tem Duffield recused himself from the Mariners Mile Project discussion
due to real property interest.
Public Works Director Webb discussed the Mariners Mile Street Configuration Project.
Council Member Dixon asked when public interest could be expressed. Public Works Director
Webb anticipated the project would be before the City Council in the summer.
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Public Works Director Webb presented the transportation projects and Parks, Harbors, and
Beaches CIP budget.
In response to Mayor Muldoon's question, Public Works Director Webb explained the Lower
Sunset View Park Concept.
Mayor Pro Tem Duffield, Council Member Avery and Council Member Dixon recused
themselves from the Public Doch at Central Avenue Project discussion due to their
Newport Harbor Yacht Club membership.
Public Works Director Webb discussed the Central Avenue Pier and Street End improvements.
Council Member Peotter asked why there was a conflict since the money was already given by
the Newport Harbor Yacht Club. City Attorney Harp reported they recused themselves in an
abundance of caution. Public Works Director Webb explained the grants and donation by the
Newport Harbor Yacht Club.
Public Works Director Webb reviewed the Harbor and Tidelands projects, water quality and
environmental projects, water projects, wastewater projects, miscellaneous projects, proposed
CIP funding, CIP funding sources, and good news for the City.
Joy Brenner thanked the City Council for taking the Corona del Mar Fire Station and Library
Project off the hold list. She thanked Council Member Peotter for reconsidering the library.
Jim Mosher believed discussing 88 items was a lot to digest and noted the CIP was available
on the website for public review. He explained the CIP was only a budget but was not
guaranteed to occur and requested clarification on Project 151119, the Old Newport West Coast
Highway Renovation, and the Caltrans project.
Linh Do thanked the Council for supporting the Corona del Mar Library.
Council Member O'Neill commended staff on the various CIP Funding Sources.
Mayor Pro Tem Duffield requested inclusion of the trash containment method at the creek and
Upper Bay. Public Works Director Webb stated it was included in the TMDL projects.
III. PUBLIC COMMENTS
Jim Mosher discussed the annual Board and Commission appointments and requested continuing
Item No. 9 due to improper noticing.
Laura Curran discussed the City's proposal to assume management of harbor resources without a
financial or management analysis.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director; Peter Brown, Esq., Negotiators.
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Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Association (NBPA).
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager
V. RECESSED - 6:25 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon,
Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
IX. PLEDGE OF ALLEGIANCE - Council Member Peotter
X. INVOCATION - Pastor Nate Furness, Costa Mesa Seventh -day Adventist Church
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill announced that he would be discussing the budget at Speak Up Newport on
May 10, 2017 at 6:00 p.m. He announced the OASIS Volunteer Fair on May 12, 2017, the Field of
Honor Dedication Ceremony, and Public Safety Day on May 20, 2017.
Council Member Peotter requested establishment of a subcommittee to review the Facilities Financing
Plan (FFP).
Council Member Dixon encouraged residents to apply for seats on boards, commissions and committees
by May 10, 2017. She announced the Finance Committee meeting on May 11, 2017 at 3:00 p.m. She
discussed opening day events at the American Legion and various Yacht Clubs.
Council Member Herdman commended the organizations involved in the Newport Beach Film Festival
and Newport to Ensenada Race. He stated he presented scholarship awards at the Newport Beach
Chamber of Commerce Scholarship Dinner. He also announced that the City Arts Commission was
establishing a trustee organization to raise funds.
Mayor Pro Tern Duffield announced the successful Boat Show.
Mayor Muldoon stated he attended the Newport to Ensenada event, Newport Beach Film Festival,
American Legion Opening Day, and Southern California Association of Governments (SCAG)
Conference.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
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• Sister City Update (Herdman)
The City Council unanimously concurred to place the matter on a future agenda.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 1 (Minutes of the April 25, 2017 City Council Meeting), Jim Mosher believed the
motion to reconsider Item 16 (City Attorney, City Clerk, and City Manager Contracts) was strangely
reported and the vote on the Ronald Reagan statue should be amended.
In response to Mayor Muldoon's question, City Attorney Harp clarified that the motion for
reconsideration on Item 16 was defeated; therefore, the original motion stood. Council Member O'Neill
further clarified that the motion passed and then the request for reconsideration initially passed, but
Mayor Pro Tem Duffield immediately changed his vote; therefore, there was no reason for the matter
to come back. He confirmed the minutes on Item 16 were correct as written.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 25, 2017 City Council Meeting [100-20171
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.
RESOLUTION FOR ADOPTION
3. Establish a Trial Anchorage Area West of Lido Isle - Harbor Commission
Recommendation [100-20171
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 and Section 15304 (minor alterations), Section 15060 (no direct
physical change in the environment); and Section 15061 because it has no potential for causing
a significant effect on the environment; and
b) Adopt Resolution No. 2017-33, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Establishment of a Temporary Trial Anchorage in the Newport
Harbor Turning Basin.
CONTRACTS AND AGREEMENTS
4. Balboa Ocean Pier Pile Repairs - Approval of Additional Work and Contract
Contingency - Contract No. 8188-2 (17H03) [381100-20171
a) Find this work exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) 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 additional storm repair work funding in the amount of $39,865.00 to be added to the
original Ocean Pier maintenance contract scope of work, for a new total contract amount of
$151,165.00; and
c) Approve a new total contingency amount of $15,000.00 (approximately 10%) of the amended
total contract scope of work to cover the cost of other unforeseen below -deck work that has not
been identified.
5. Approve Purchase Agreement with WatchGuard Video for an In -Car Video System
(C-8476-1) [381100-2017]
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a) Determine 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) Waive the contract procurement requirements of City Council Policy F-14 and approve a single
source selection based on a competitive Request for Proposals (RFP) process conducted by the
City of Tustin in 2016; and
c) Approve amended purchase agreement with WatchGuard Video of Allen, Texas, for a total cost
of $491,125.07, and authorize the Mayor and City Clerk to execute the amended agreement.
6. Approve Purchase of Dispatch Radio Consoles (C-8477-1) [381100-2017]
a) Determine 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) Approve Budget Amendment No. 17BA-032 appropriating $657,955 from the 800 MHz Fund
to Account No. 7547541-911036;
c) Waive the contract procurement requirements of City Council Policy F-14 and approve a sole
source procurement using the CCCS Orange County Price Book, # MA -060-10012594; and
d) Approve purchase of dispatch radio consoles, installation, programming and system
integration from Motorola Solutions for a total cost of $657,955, and authorize the Mayor and
City Clerk to execute the amended agreement.
7. Amendment to Professional Services Agreement with William B. Conners for Hearing
Adjudication Services (C-5863) [381100-2017]
a) Determine this 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 this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve amended Amendment No. One to Professional Services Agreement with William B.
Conners for Hearing Adjudication Services.
8. Approval and Award of Agreement to EcoNomics, Inc. for Solid Waste Consultant
Services (C-8478-1) [381100-2017]
a) Determine this 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 this action
will not result in a physical change to the environment, directly or indirectly;
b) Authorize an agreement with EcoNomics, Inc., for solid waste consultant services for a three-
year period, not to exceed $300,000.00; and
c) Approve Budget Amendment No. 17BA-033 appropriating $25,000.00 from the Environmental
Liability Fund unappropriated fund balance to Account 16003-811008.
9. Approve Agreement with CathyJon Enterprises, Inc. dba HB Staffing for Temporary
Laborer Services (C-8479-1) [381100-2017]
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 services agreement with CathyJon Enterprises, Inc. for temporary laborer
services for a three-year term in the amount of $190,000, and authorize the Mayor and City
Clerk to execute the agreement.
10. Amendment No. Three for the Upgrade of City Microwave Radio Infrastructure (C-6322)
[381100-2017]
a) Determine this 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 this action
will not result in a physical change to the environment, directly or indirectly; and
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b) Approve Amendment No. Three with Petroleum Telcom Inc. for the upgrade of City Microwave
Radio Infrastructure increasing the contract limit by $40,000 for the remaining period of the
agreement, and authorize the Mayor and City Clerk to execute the amendment.
Mayor• Muldoon recused himself on Item 10 due to his business relationship in wireless
telecommunications.
11. On -Call Agreements for Building Maintenance and Repair Services (C-8480-1) (C-8480-
2) (C-8480-3) [381100-2017]
a) Determine this 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 this action
will not result in a physical change to the environment, directly or indirectly; and
b) Authorize the Mayor and City Clerk to approve and execute on-call building maintenance and
repair services contracts with: Ray Carmody, a sole proprietor doing business as (DBA)
Carmody Construction Company (C-8480-1); Anthony Graves, a sole proprietor doing business
as (DBA) Graves Construction (C-8480.2); and John M. Rabun, sole proprietor (C-8480-3).
Each on-call agreement is for a three-year term and carries a not to exceed expenditure amount
of $350,000 for each contract's entire three-year term.
12. Request to Retain Existing Private Improvements within the Public Right -of -Way at
1021 Kings Road (C-8481-1) [381100-2017]
a) Determine this 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 this action
will not result in a physical change to the environment, directly or indirectly;
b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, and City
Council Policy L-18, Protection of Water Quality: Drainage — Public Rights -of -Way, to allow
the retention of planter walls, decorative mailbox, decorative driveway, grouted river rock
bandings, two (2) steps, and colored concrete walkway within the Kings Road right-of-way; and
c) Direct staff to enter into an Encroachment Agreement with 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. Planning Commission Agenda for the May 4, 2017 Meeting [100-2017]
Receive and file.
14. Budget Amendment for Library Literacy Program [100-2017]
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-034 to appropriate $40,000 from the 017-241027
special purpose deposit account to increase revenues in the Literacy Events revenue account,
01060005-521660, by the same amount and increase expenditures in the Literacy accounts, as
follows:
Increase expenditure accounts
01060604-711003
$12,000
Salary part-time
01060604-721002
$ 7,600
CAF Allowance part-time
01060604-722001
$ 1,500
PERS
01060604-841004
$18,900
Programming
15. June 30, 2016 Audit Results [100-2017]
a) Determine this 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 this action
will not result in a physical change to the environment, directly or indirectly; and
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b) Receive and file.
Motion by Mayor Pro Tem Duffield, seconded by Council Member Peotter, to approve the
Consent Calendar; and noting the amendments to Items 1, 5, 6 and 7, and the recusal by Mayor
Muldoon to Item 10.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member
Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
John Patterson discussed Council Member Dixon's proposal regarding shutting down the dog beach, a
Public Records Act Request (PRAR) he submitted, and Council Member Dixon's use of her private
email account.
Mike Glenn discussed Council Member Dixon's public accusation of him owing the City money. He
alleged miscalculations of fees for PRARs. City Attorney Harp discussed the City's obligation to
produce documents when requested and explained the fees recoverable by the City. City Clerk Brown
discussed responses to Mr. Glenn's emails. Mayor Muldoon added there was no legal requirement to
respond to emails, but it was good policy. He stated the Supreme Court case regarding the use of
private email accounts occurred after Council Member Dixon's use. City Attorney Harp explained the
obligation of the Public Records Act was to produce documents. He discussed production of emails in
possession and stated Mr. Glenn had received what he requested.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Avery stated he met with Newport Heights residents to review, look at, and discuss
ways to get children safely to area schools. He also discussed the potential need for a traffic study.
XIX. PUBLIC HEARINGS
16. Community Development Block Grant — Substantial Amendments to the 2015-2019
Consolidated Plan, 2015-2016 Action Plan, and 2016-2017 Action Plan [100-20171
Clint Whited, a CDBG consultant, presented a PowerPoint presentation, including background on
CDBG funds and proposed amendments.
Council Member O'Neill discussed the option to use Community Development Block Grant (CDBG)
funds to assist low income individuals with undergrounding of utilities.
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Dixon. seconded by Council Member O'Neill, to a) find the
approval of recommended substantial amendments to the 2015-2019 Consolidated Plan, 2015-
2016 Action Plan, and the 2016-2017 Action Plan exempt from the National Environmental Policy
Act pursuant to 24 CFR Part 58, Section 58.34; b) find the approval of recommended substantial
amendments to the 2015-2019 Consolidated Plan, 2015-2016 Action Plan, and the 2016-2017
Action Plan is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
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Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly; and c) adopt Resolution No. 2017-34, A Resolution of the City Council of the City of
Newport Beach, California, Approving Substantial Amendments to the 2015-2019 Consolidated
Plan, 2015-2016 Action Plan, and 2016-2017 Action Plan for the Federal Community Development
Block Grant Program, and authorize the City Manager to submit the Amended 2015-2019
Consolidated Plan, 2015.2016 Action Plan, and 2016.2017 Action Plan amendments to HUD.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Herdman, Council Member Avery, Council
Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
17. Community Development Block Grant - 2017-2018 Action Plan [100-2017]
Clint Whited, a CDBG consultant, presented a PowerPoint presentation, highlighting the Action
Plan funds and process, and proposed activities. He explained the proposed Section 108 Loan
Repayment for Balboa Village.
Council Member O'Neill asked about funding for Families Forward, StandUp for Kids, and
Americans with Disabilities Act (ADA) improvements. Mr. Whited explained that 15% of the
annual allocation amount was available for non-profit, public service activities, and Families
Forward and StandUp for Kids received the full amount requested.
Mayor Muldoon opened the public hearing.
Jim Mosher believed the funds had gone towards repaying money borrowed against future grants
since 2000. He asked if the debt carried interest and if there would be an advantage of paying off
the loan. Mr. Whited explained that the City was unaware that funds from the sale of the Balboa
Theatre would be available at the time of refinancing in 2016. Principal Planner Campbell
discussed the loan repayment.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Council Member Dixon asked how ADA improvements would have been funded without the sale
of the Balboa Theater. City Manager Kiff discussed the access plan. Council Member Dixon
expressed concern about the loss of funds for Balboa Village economic revitalization and a Newport
Pier restaurant.
In response to Mayor Muldoon's question, Community Development Director Brandt stated she
would provide details relative to the loan.
Motion by Mayor Muldoon, seconded by Council Member Dixon, to continue the item to
the May 23, 2017 City Council meeting.
In response to Council Member Peotter's question, Mayor Muldoon explained that he is requesting
a continuance in order to review the CDBG debt. Council Member Peotter asked the total of the
debt. City Manager Kill stated the Section 108 Loan balance was $916,000.
Council Member O'Neill asked if there was a deadline for approval of CDBG fund use. Community
Development Director Brandt explained that the City Council had time to review this item again.
The motion carried by the following roll call vote
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Ayes: Council Member Peotter, Council Member Herdman, Council Member Avery, Council
Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XX. CURRENT BUSINESS
18. Initiate the Process for Establishing a Residents' Preferential Parking Zone for the
Finley Tract [100-2017]
Deputy Community Development Director Wisneski presented a PowerPoint presentation,
outlining the request and process for a preferential parking zone.
In response to Council Member Peotter's question, Deputy Community Development Director
Wisneski discussed the Lido Village management program, proposed employee parking solution,
petition process, and need for a Coastal Development Permit. Council Member Peotter encouraged
a quick resolution.
Council Member Dixon thanked Council Member Peotter, staff and residents for supporting the
process. She stated the economic revitalization in the area was positive, but employee parking
needed to be resolved.
Mayor Pro Tem Duffield concurred with his colleagues, believing the Lido House Hotel
development would exacerbate the parking issue.
In response to Council Member Herdman's question, Deputy Community Development Director
Wisneski explained that the street ends were public access ways.
George Schroeder indicated support for permit parking in the Finley Tract.
Motion by Council Member Herdman, seconded by Council Member Dixon, to a) find the
project is categorically exempt under Section 15301, of the State CEQA (California Environmental
Quality Act) Guidelines — Class 1 (Existing Facilities); and b) authorize staff to assess establishing
a Residents' Preferential Parking Zone for the Finley Tract and return to the City Council for final
action.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Herdman, Council Member Avery, Council
Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
19. Review of Conceptual Street Layout Alternatives for Bayside Drive between East Coast
Highway and Jamboree Road/Marine Avenue [100-20171
Public Works Director Webb summarized the prior review and Council direction on the project.
Senior Civil Engineer Sommers presented a PowerPoint presentation, reviewing the project status,
considerations, goals, community outreach, represented communities, agreed upon items and
features, vehicle counts, multi -modal users, actual vehicle speeds, March enforcement activity,
and traffic incidents.
In response to Council questions, Senior Civil Engineer Sommers stated the vehicle counts were
conducted during peak times, speed surveys were conducted every 7 toll years, and the concepts
incorporated most of the agreed upon items.
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Senior Civil Engineer Sommers presented the four alternatives: 1) no change to current
configuration; 2) Concept 1 which would reduce lane widths, but maintain the four lane roadway;
3) Concept 2 which would create a two/four lane hybrid roadway with a roundabout; and
4) Concept 3 which would create a three lane roadway (created after 11/22/16 meeting). He
explained consideration of reduced travel lanes and roundabouts, presented the land use analysis
and discussed resident requests for a one lane approach to Linda Island, explained the temporary
trial of the new concept, and discussed the costs of the four alternatives.
In response to Mayor Muldoon's questions, Senior Civil Engineer Sommers explained the trial for
reduction of lanes, but not the creation of a temporary roundabout. He clarified that Concept 1
did not include a sidewalk extension, bike lane gap closure, raised landscape medians, or
decorative flush medians.
Senior Civil Engineer Sommers reviewed the tentative schedule and pointed out that several
viable alternatives had been considered and public outreach had not resulted in consensus.
Council Member O'Neill discussed the accident history from 2012.2016. He asked about the
primary causes and if any of the options would prevent accidents. Senior Civil Engineer Sommers
believed raised medians, landscaping, traffic calming and additional room could help prevent
accidents.
Council Member Herdman asked the criteria for determining if a trial period was effective. Senior
Civil Engineer Sommers explained that the trial would last 6 to 9 months, with staff monitoring
the situation and talking to the community, then returning to Council to discuss the findings.
Council Member Herdman received confirmation that Concept 3 did not include speed signs, but
could be considered.
Council Member Herdman noted that Concept 3 with a 6 to 9 month trial was the design desired
by the community. He believed traffic calming on Bayside Drive was warranted.
In response to Council Member Avery's question, Senior Civil Engineer Sommers stated all three
options would allow traffic flow and stop signs were not warranted. He explained the use of the
median for vehicles turning onto Aloha Drive.
In response to Council Member Peotter's questions, Senior Civil Engineer Sommers clarified that
the pilot program would test the capacity of a single lane, and medians would not be constructed
for the pilot. Public Works Director Webb did not recommend installation of medians on a trial
basis but perhaps installing delineators. Traffic Engineer Brine recommended against installation
of delineators. Council Member Peotter discussed speeding with the current conditions.
In response to Council Member Dixon's questions, Traffic Engineer Brine stated safety was the
primary goal. Senior Civil Engineer Sommers explained the average high speed per hour was
66 miles per hour and 54 miles per hour based on the speed survey, noting the posted speed was
40 miles per hour. He stated the objective was to slow cars to reduce accidents.
Council Member Avery indicated support for creating a roundabout with room for bikes. He asked
about the roundabout that was installed in Newport Heights. Traffic Engineer Brine discussed
the temporary neighborhood traffic circle in Newport Heights and emphasized it was not
comparable to the proposed modern roundabout in Concept 2.
Mayor Muldoon requested a voluntary straw poll from the dais:
No Change — none
Concept 1 (four lane) — O'Neill, Muldoon, Dixon, Duffield
Concept 2 (hybrid with 2/4 lanes and roundabout) — Avery, Herdman
Concept 3 (hybrid with 3/4 lanes) — Peotter
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May 9, 2017
Vivian Berger discussed the success of roundabouts in England and expressed support for
Concept 2.
Peter Dunkel discussed accidents involving his parked vehicles and expressed support for
Concept 2.
Jim Jordan expressed opposition to reducing the number of lanes. He suggested not allowing right
turns on red from Pacific Coast Highway to Bayside Drive. He recommended retaining the existing
roadway or adopting Concept 1 and discussed increased traffic created by development.
Pat Pence stated he was opposed to Concept 2 due to the roundabout, but expressed support for
Concept 1 or Concept 3.
Gregson Hall discussed his experience with accidents in the area. He suggested Concept 2.
Margo O'Connor referenced the traffic incident map and questioned why the project was focused
in the middle of Bayside Drive rather than the location of the most accidents. She suggested
including all of Bayside Drive and expressed opposition to the roundabout.
Patty Janssen discussed the impact of the roadway. She questioned which Council Members
supported the roundabout and how the road became a priority. She expressed support for
Concept 1.
Gilbert Jones discussed his experience with traffic on Bayside Drive. He stated he was opposed to
any change, expressing support for making no changes.
Jim Parker discussed his use of Bayside Drive and the need for a calming effect. He proposed
installing attractive speed signs and implementing exorbitant fines to violators.
Michelle Hall discussed the need to slow traffic on Bayside Drive and urged implementation of
Concept 2.
Bruce Schweitzer discussed his experience on Bayside Drive and suggested installing a traffic light
rather than a roundabout.
Robert Fox suggested leaving the road as is, with median improvements and reduced speeds.
Tom O'Brien expressed his reasons for supporting Concept 1 and suggested speed signs and more
police patrol.
Chad Hall stated his home had been hit twice by cars. He believed drivers did not slow down after
the lanes were narrowed to install the bike lanes. He expressed support for Concept 2.
Max Hampton stated his property had been hit three times due to speeding vehicles, discussed
potential liability, and expressed support for Concept 2.
Dave Brennan discussed his observations at Bayside Drive and Harbor Island Drive, and issues
with speeding and distracted driving. He expressed support for Concept 2.
Josh Yocam expressed opposition to Concept 2 and believed the photographs and average high
speed data were misleading.
Lori Teslow suggested using data over emotions, and expressed support for Concept 2
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City of Newport Beach
Study Session and Regular Meeting
May 9, 2017
Terry Janssen, former President of the Balboa Island Improvement Association, discussed the
petition against installing the roundabout and decreasing Bayside Drive to two lanes, and
discussed the accident history in Newport Beach.
Linda Martin suggested installing a traffic signal rather than a roundabout.
Karen Carlson suggested retaining four lanes but narrowing them, and encouraged traffic
enforcement.
Council Member Herdman stated he would prefer the roundabout, but could support Concept 3.
Motion by Council Member Herdman, seconded by Council Member Peotter, to a) find
this project exempt from the California Environmental Quality Act (CEQA) 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; b) direct staff to proceed with a minimum six (6) month trial of Concept 3, including
a project to resurface the roadway with an asphalt slurry coat and install the proposed striping;
and c) rescind the City Council decision of November 22, 2016, which directed staff to proceed with
design of Concept 2, since the City Council chose an alternative other than Concept 2 (roadway
lane reduction from four to two lanes and installation of a roundabout at the Harbor Island Drive
intersection).
In response to Council Member Avery's question, Senior Civil Engineer Sommers explained the
use of roundabouts for cyclists and pedestrians. He indicated support for the roundabout option.
Council Member Peotter asked if medians could be painted. Public Works Director Webb stated
the medians could be designated.
Council Member O'Neill discussed the need for compromise to improve safety. He suggested
moving forward with Concept 1.
Substitute motion by Council Member O'Neill, seconded by Mayor Muldoon, to a) find
this project exempt from the California Environmental Quality Act (CEQA) 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; b) approve Concept 1; and c) rescind the City Council decision of November 22, 2016,
which directed staff to proceed with design of Concept 2, since the City Council chose an alternative
other than Concept 2 (roadway lane reduction from four to two lanes and installation of a
roundabout at the Harbor Island Drive intersection).
Mayor Pro Tem Duffield believed a traffic signal would not be effective due to limited cross traffic.
Council Member Avery indicated support for the roundabout, but would vote for Option 3.
Council Member Dixon asked if there could be a trial of Concept 1. Public Works Director Webb
stated the full effect would not be realized due to lack of medians.
In response to Council Member Avery's question, Senior Civil Engineer Sommers anticipated more
potential for traffic calming with Concept 3.
Mayor Muldoon pointed out that Concept 1 provides traffic calming
The substitute motion carried by the following roll call vote:
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City of Newport Beach
Study Session and Regular Meeting
May 9, 2017
Ayes: Council Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield,
Mayor Muldoon
Nays: Council Member Herdman, Council Member Avery, Council Member Peotter
XXI. MOTION FOR RECONSIDERATION - None
XXII. ADJOURNMENT - 10:12 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
May 4, 2017, at 4:00 p.m. ll
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City Clerk
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