HomeMy WebLinkAbout01 - MinutesI.
II.
October 24, 2017
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
October 10, 2017
ROLL CALL - 4:00 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Will O'Neill, Council Member Scott Peot.ter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Debt Policy Review and Discussion
Finance Director Matusiewicz introduced Mark Young, Principal at KNN Public Finance, and
utilized a PowerPoint presentation to discuss the City's credit ruing, history of bond issuances
over the last decade, the purpose of the Debt Policy reu signs, new requirements under SB 1029,
ssosii
and options for more control over the terms.
Council Member O'Neill referenced the Stone & Yotmgberg handout and how it criticized the
City for not having a comprehensive debt management policy, and Resolution No. 2010-126
when the City Council at the time specified who could make these types of changes and not
purchase more flexible call options. Mark Young indicated that these types of resolutions
typically have parameters that, can be as restrictive as a city wants, then the city would
authorize the Preliminary Official Statement (POS) to be used as the template for the potential
terms. He discussed the bond issue that occurred with the Poway Unified School District and
suggested, for future occurrences, more transparency take place. City Manager Kiff explained
the options for public input, including a protest hearing similar to Proposition 218 proceedings
and potential ballot measures relative to capital improvement projects and new debt issuances.
Mayor Muldoon believed that what they did was correct protocol, however, disagreed with the
amount of the COP and the size of the Civic Center. If given the opportunity, Finance Director
Matusiewicz indicated he would have continued with the make -hold call, but would have
negotiated a better out clause.
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
In response to Council questions, Mark Young discussed BABs and how this type of bond has
the City taking the risk. He indicated he does not believe the City is in financial trouble.
Finance Director Matusiewicz reported that the Civic Center project was not completely
financed and explained how depleting reserves would affect the City's credit. rating. He also
discussed how borrowing a higher amount garners more interest by the institutional investors.
City Manager Kiff indicated that financing the Civic Center project would also allow for the
other Facilities Financial Plan (FFP) projects to be cash financed.
Council Member Dixon noted that no one could have predicted the 2008 economic crisis and the
interest rates.
Discussion ensued relative to the timeline after awarding bids, the amount of money that was
already expended at the time the bond was approved, and the reimbursement resolution that
went before the City Council in February 2010, prior to construction.
Mayor Muldoon expressed support for having a debt is
and limits on the scope and cost of projects, and lower
by unforeseeable issues like unfunded pension liabilitl
the Finance Committee. Council Member Peotter sub
City Charter amendments.
Council Member O'Neill thanked Finance
advisor attend the meeting to provide ind
Council Member Dixon agreed with
information about what transpired d
for bringing clarity to the issue.
ballot measure to set boundaries
s risk that could be compounded
aieved this should be reviewed by
preparing the ballot measures as
having the outside financial
Finance Committee, appreciated the
of the Civic Center, and thanked staff
SS3. Regulations Relating to Drones
Support. Services Commander/Police Lt.. Psaros indicated that NBPD IT Coordinator Tom
Encheff is also a licensed Part. 107 Unmanned Aircraft Systems (UAS) pilot and a licensed pilot.
He utilized a PowerPoint presentation to discuss quad -chopper style drones, the difference
between commercial flying and recreational flying, Federal Aviation Administration (FAA) rules
and regulations, airspace regulations, the City's airspace which is almost all contained in the
John Wayne Airport (JWA) Class C airspace, current State laws, Newport Beach Municipal
Code (NBMC) Section 5.46.010, criminal laws applicable to drone operations, how other cities
are dealing with drones, and the role of law enforcement.
In response to Council questions, Deputy City Attorney Maiorano indicated that the FAA opined
that cities could regulate drones as it applies to land uses; however, no case law currently exists.
He noted that. the FAA has offered to provide their opinion on local ordinances prior to
consideration. City Attorney Harp indicated that using drones for real estate purposes would
require a film permit if the use is for commercial purposes. City Manager Kiff added that the
permit may need to be simplified, compared to the standard film permit for a movie or other
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
similar commercial use. Lt. Psaros discussed State laws, the difficulty in enforcing those related
to drones, and how investigations would be handled. He referenced the information provided in
his handout and reported that he and Mr. Encheff will be conducting training for the Police
Department on how to conduct drone investigations. He noted that, since 2016, the City has
had 85 drone events logged into the Computer Aided Dispatch (CAD) system.
Erin Harlow discussed privacy and safety issues related to using drones and suggested banning
the recreational use of drones.
Jim Mosher discussed his experience with a drone at the Newport Dunes and asked if the City
will be using drones for law enforcement or code enforcement and, if so, if limits will be set.
Kelsey Brewer, ACC -OC Policy Manager, reported that the ACC -OC developed a model drone
ordinance that was reviewed by the FAA to assist cities in dealing with preemption issues. She
indicated that the ordinance has been adopted by many Orange County cities and cities in other
states, and that ACC -OC would be happy to assist, the City. She noted that the ordinance does
not add more regulatory laws and was written so the City does not need to purchase additional
technology to enforce the ordinance. She encouraged„the City to work with the FAA to enforce
its regulations and agreed that any regulation should ire tied to land use authority.
Referencing the penal codes, Mayor Muldoon
City should analyze the model ordinance
information for enforcement: and educational
Council Member Peotter noted that
City falls within its airspace, expre:
this issue, and believed that adding
need for an ordinance, but the
Department could use the
the City in regulating drones since the
officers might not be equipped to handle
t with educating drone users.
Council Member O'Neill tpok issue that the FAA is hindering the City's ability to regulate drones
and protect privacy, Con ressiand the FAA do not understand their roles, and the best the City
can do right now is send pohc e pff.1try to enforce pre -technological penal codes.
Council Member Dixon rioted t11 t some of the non -Class C airspace is in her district, agreed
that the City does not need new. regulations, and noted residents need to know where to find
answers. She recommended compiling all the information into one document in order to better
understand what dart be done within current regulations and laws, and suggested bringing this
item back for more daiscussion.
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Mayor Pro Tem Duffield stated his son is a commercial helicopter pilot and reported that private
and small aircrafts are not engineered to sustain an impact from a drone. He emphasized his
safety concerns.
SS4. Peninsula Crosswalk Study
Without objection, Mayor Muldoon recommended that this item be continued to the October 24,
2017 City Council meeting.
III. PUBLIC COMMENTS
Corona del Mar High School students Max Johnson, ASB President., Jake Subota, Bridget Connelly, and
Alec Lis discussed the proposed Corona del Mar High School Sport Complex, expressed support for
Proposal B of the Environmental Impact. Report (EIR) and commented on the need for the field lights,
portable public announcement system, and a new track and field. They also believed that the proposed
lights would produce less light pollution than the current pool and tennis court lights.
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
IV.
►/
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.
CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor
Negotiators.
The Newport Beach Police Management
Association (NBPA), the Newport Bead
International Union of North America Logia
Beach Professional and Technical Emplo3
Employees Association (NBCEA)), on behaT
well as Vladimir Anderson and Robert Sal
United States Court. of Appeals for tle Nin#
Gabriel (9th Cir. 2016) 824.y.3d 89.0.wluel..
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Beach related to the ca1cUlation.6tnd p..€i'�rme2
C. CONFERENC
(Government
Property:
Agency Negotiator:
Negotiating Parties:
Under Negotiation:
RECESS - 6:20 p.m.
Associafidfi (NBPIVIA), the Newport Beach Police
Firefighters: Association (NBFA), the Laborers
777"(as affilaed with and on behalf of the Newport
es A�ssoczation (NBTEA) and Newport Beach City
of the current and former members of said unions, as
r p', in their individual capacities, are aware of the
E circuit's decision in the case of Flores v. City of San
may result in litigation against the City of Newport
of overtime compensation.
ERTY NEGOTIATORS
tter
Pier, Newport. Beach, California 92663
Seimone Jurjis, Community Development. Director
Lauren Wooding, Real Property Administrator
Blue Water Grill
Instruct negotiator as to price and terms of payment.
VI. RECONVENED AT 7:05 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon,
Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
VIII. CLOSED SESSION REPORT
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
City Attorney Harp reported that there were no reportable actions taken; however, Closed Session Item
IV.0 will be continued to the end of the meeting.
IX. INVOCATION - Moment of Silence for the victims of the Las Vegas shooting and those
affected by the Canyon Fires. Mayor Muldoon also provided the Invocation.
X. PLEDGE OF ALLEGIANCE - Council Member O'Neill
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
XIII.
Council Member O'Neill:
• Attended the Newport -Mesa Unified School District's State of the Schools Address, the Corona del
Mar Sandcastle Contest, a lecture at the Central Library for Walter Stahr's new book, the Crystal
Cove Soiree, and the Mayor's Youth Council meeting
• Announced the Art in the Park Festival will be held on October 14, 2017
Council Member Dixon:
• Attended the Sister City Pumpkin Carving Event...., the Cororiv del Mar Sandcastle Contest
• Discussed the flooding on the Balboa Peninsula at'A Street aiid B Street
• Announced that a Finance Committee meeting will be held on October 12, 2017
Council Member Herdman:
• Announced he watched the last City Council thee. w --relative to JWA issues and agreed with Mayor
Muldoon's suggested future meeting items
• Attended an AirFair meeting
Mayor Pro Tem Duffield:
•
Attended the Harbor Cleanup Evez�fi and discussed the possibility of collecting the first. rains
Mayor Muldoon:
• Announced he w's one of the tudees for the Corona del Mar Sandcastle Contest.
AGENDA
• Seeking the assistance of a federal advocate to work with the City on FAA and related
aviation matters, including communication with major air carriers (Muldoon)
The City Council unanimously concurred to place the matter on a future agenda. Mayor Muldoon
requested that. Council be provided with federal advocate options when the matter is brought back.
• Supporting additional review and verification of data accuracy from the County of
Orange's seven noise monitoring stations on the JWA departure corridors (Muldoon)
The City Council unanimously concurred to place the matter on a future agenda.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher requested the minutes be amended as he suggested in his correspondence (Item 1).
Regarding Item 10 (Landscape Services for Parks and Facilities), he expressed confusion about the
amounts in the contract, believed the item should have gone before the Parks, Beaches and Recreation
Commission, and questioned the budget for the project.
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 26, 2017 City Council Meeting [100-2017]
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 ADOPTION
3. Non -Exclusive Commercial Solid Waste Franchises [42/100-2017]
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, chrectly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 201'7-16, rlit. Ordinwice of the City Couple of
the City of Newport Beach, California, Granting,Non-exclusalid Waste Franchises to Protide
Solid Waste Handling Services within the City of Neuypot t B W'
RESOLUTION FOR ADOPTION
4. Pulled from the Consent Calendar.
CONTRACTS AND
6. Central Avenue Plaza Revitalization —Award of Contract No. 8197-2 (17H12) [38/100-2017]
a) Find this project exempt from the California Environmental Quality Act= (CEQA) pursuant to
Section 15302(c) (Replacement or Reconstruction), on the basis that the project consists of the
replacement or reconstruction of existing public facilities, involving no expansion of capacity, 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. 8197-2 to GMC Engineering, Inc. (GMC) for the total bid price of
$380,000.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $40,000.00, approximately 10 percent, contingency amount to cover the cost of
unforeseen work not included in the original contract.
7. MacArthur Boulevard Slope Landscaping Project — Award of Construction Contract
No. 8176-1 (15L01) [38/100-2017]
a) Find this project, exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 (in -fill development projects ), 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;
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
b) Approve the project drawings and specifications;
c) Award Contract No. 8176-1 to for the total bid price of $228,450.00, and authorize the Mayor
and City Clerk to execute the contract; and
d) Establish approximately $22,850 (approximately 10 percent), contingency amount to cover the
cost of unforeseen work not included in the original contract.
8. Bayview Heights Drainage Project - Reject All Bids - Contract No. 8046-1 (15X11) [38/100-
20171
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant, to
Section 15333 (Small Habitat Restoration Projects) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment,
b) Reject all bids received for Contract No. 8046-1; and
c) Direct staff to re -advertise for bids at a later time.
9. Request for Waiver of City Council Policy L-6 at 3235 Ocean Boulevard (C-7050-3) [381100-
20171
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 CE:: A Guidelines because it will not
result in a physical change to the environment directly or �x d1xectly;
b) Waive Council Policy L-6, Private Encroachments in this Public Rights -of -Way, to allow
17 temporary shoring caisson and four (4) parinnent caissons and appurtenances that will
encroach in excess of 1 -foot into the Ocean Boulevard p
ztublic right-of-way, contingent upon all
conditions of the Encroachment PermIirocess bemg'.met.; and
c) Direct staff to enter into an Encroacher exit A ) eemeid frith the Owner, and authorize the City
Manager and City Clerk to execute the: Encr. eht Agreement within one (1) calendar year
upon receipt of approval.
10. Approval of Amendment ;No. Once to Agreement with Mariposa Landscapes, Inc. for
Landscape Services for Para acid Facilities (C-6375) [38/100-20171
a) Determine that the action xs exempt from the California Environmental Quality Act. (CEQA)
pursuant to Secticjns 150,60(e)( and 15060(c)(3) of the CEQA Guidelines because it will not
result in a phy, re 61 chax e to tb : environment, directly or indirectly; and
b) Approve Amendment. NOOne w1th Mariposa Landscapes, Inc. for landscape services for parks
and facilities and; tree pliiting at. various City locations, increasing the compensation by
$6,823,000 for the first 3years of the contract, and respectively to $2,496,460, $2,546,899.20,
and $2,547,837.18`foxeach of the three optional extension years, and authorize the Mayor and
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City Clerk to sign the amendment.
MISCELLANEOUS
11. Planning Commission Agenda for the October 5, 2017 Meeting [100-2017]
Receive and file.
12. Coastal Development Permit Waiver for De Minimis Development Located at 211 35th
Street (PA2017-148) [100-20171
a) Determine this action is not a project as defined and 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 is to receive and file only and will not result in a physical
change to the environment, directly or indirectly; and
b) Receive and file.
City Clerk Brown recused herself from Item 12 since she lives within 500 feet of the project.
13. Balboa Peninsula Pedestrian Crossing Study [100-20171
Continue to the October 24, 2017 City Council meeting.
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
Motion by Mayor Pro Tem Duffield, seconded by Council Member Peotter, to approve the
Consent Calendar, except for the item removed (Item 4): and noting the amendment to Item 10 and the
continuance of Item 13.
The motion carried by the following roll call vote:
Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
1Af/i�
4. Resolution Affirming the City Manager's Authority to Administer and Manage the City's
Employee Deferred Compensation and Health Savings Plans and Authority to Sign
Related Contracts (C-8420-1) [38/100-2017]
In response to Council questions, City Attorney Harp
included in the resolution, but believed it was not n
that the other part to the resolution gives the City
City's 457 Plan. Deputy Finance Director Montano,,e
contract to pay the administrative component of the
stated that approving the resolution does not matte
believed that using a Section 115 Trust is a competiti
sense.
vhy the indemnification clause was
ace it mirrors State law. He noted
zthority to take actions under the
it.this is only for the City's $29,000
Health Savings (RHS) plan. He
�outicil policy. City Manager Kiff
fund -leased investment that makes
The following individuals discussed the proposed Corona del Mar Sports Complex, stated opposition to
Proposal B of the EIR, expressed concerns relative to noise levels, curfews, complex uses, and the EIR,
particularly relative to the height of the light poles and not. using LED lights, believed that the school
has not been a good neighbor, noted the Community Development Department is a responsible agency
to the project, and believed the project is inconsistent with the General Plan and the neighborhood
should be classified as Lighting Zone 2 (LZ -2), not. LZ -3:
Diana Blaisure, Newport Citizens for Responsible Growth member
Ron Rubino, President of Eastbluff Homeowners Association
Susan Seger, Newport Citizens for Responsible Growth member
Sue Dvorak
Jim Kerrigan
Jim Petrilli, provided a handout
Paul Doremas, Newport Citizens for Responsible Growth member
Kathryn Kendall
Maura Quist
Annie Lindt, Newport Citizens for Responsible Growth member
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
Council Member Peotter noted that the Corona del Mar Sports Complex is a project that would be
decided on by the Newport: Mesa Unified School District Board of Education.
Charles Griffin believed the Eastbluff area does not need lights. He discussed his background in the
aerospace industry and believed planes flying out of JWA should fly over the freeway, not. Newport
Beach.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XIX. CURRENT BUSINESS
14. Balboa Island Seawall Cap — Award of Contract No. 7066-1 (15H11) [38/100-20171
Council Member Herdman recused himself due to real property interest and left the dais.
Charles Griffin discussed sea level rise and a new source of clean energy, using hydrogen and boron,
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and recommended people visit focusfusion.org for more infffiation.
The motion carried by ahlowinit roll call vote:
ed byCouncil Member Dixon, to a) find this
ii Quality Act. (CE A) pursuant to Section 15301
uideliner,' because it has no potential to have a
the project drawings and specifications; c) award
a1 bid amount of $1,444,444.00, and authorize the
�st� `bb z h a contingency of $ 216,000 (approximately
rt work not, included in the original contract; and
dment No. 4 to the current. Professional Services
ic. for a not to exceed fee of $93,360 for additional
Ayes: CounctlMen ber Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill Alaytsr Pro Tim Duffield, Mayor Muldoon
Recused: Council Menlber Jel Herdman
XX. MOTION FOR RECONSIDERATION - None
City Attorney Harp announced that the City Council will be recessing to discuss Closed Session
Item IV.0 and read the title.
IV. CLOSED SESSION - 8:15 p.m.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1 Newport Pier, Newport Beach, California 92663
Agency Negotiator: Seimone Jurjis, Community Development Director
Lauren Wooding, Real Property Administrator
Negotiating Parties: Blue Water Grill
Under Negotiation: Instruct negotiator as to price and terms of payment.
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City of Newport Beach
Study Session and Regular Meeting
October 10, 2017
The City Council reconvened at 8.43 p.m. with all members of the City Council present.
City Attorney Harp reported that there were no reportable actions taken.
30U. ADJOURNMENT - 8:44 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
October 5, 2017, at 4:00 p.m.
Leilani I. Brown
City Clerk
Kevin,Mildoon
Mayor
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