HomeMy WebLinkAbout05/10/2016 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
May 10, 2016
I. ROLL CALL - 4:00 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Presentation Recognizing "Poppy Month" - Continued
SS3. "National Public Works Week" Proclamation
Mayor Dixon read and presented the proclamation to Public Works Director Webb who
expressed excitement for the public works projects in Newport Beach.
SS4. Arts Master Plan Update/Arts Funding
Library Services Director Hetherton presented a PowerPoint presentation outlining the 3 -year
plan for the City Arts Commission. He discussed current funding, reestablishment of the
Newport Beach Arts Foundation (NBAF) based on the Newport Beach Public Library
Foundation, use of Public Art and Cultural Facilities Fund, and use of contract labor.
In response to Mayor Pro Tem Muldoon's questions, Library Services Director Hetherton
explained the average annual gift of $200,000 from NBAF. He discussed the proposed
reestablishment of the NBAF with professional leadership. He stated the foundation would be a
501(c)(3) non-profit organization with an agreement with the City Arts Commission. He
explained that the manager would be a foundation employee, separate from the City. Mayor
Pro Tem Muldoon questioned controls over art by the City. Library Services Director Hetherton
explained the Library Foundation process for implementing the City's wish list.
In response to Council Member Curry's question, Library Services Director Hetherton stated the
City Arts Commission was proposing the 3 -year plan. Council Member Curry discussed the
need for significant public funding for arts and commended the Commission on its work. He
encouraged the formation of a vigorous foundation and fundraising effort. He assured that the
City was not retreating on its commitment to the arts.
Jim Mosher stated he supported and enjoyed the arts. He discussed funding from Visit Newport
Beach based on transient occupancy tax and Policy I-13 and suggested the funding sources be
revisited. He agreed with Council Member Curry on the need to continue the City Arts
Commission. He suggested creating a vision and goal for fundraising with the possibility of an
art director as City staff.
Arlene Greer, Chair of the City Arts Commission, thanked the Council and staff for helping with
the proposal. She discussed the Commission's vision and projects. She stated the Sculpture
Garden and City Arts Commission were vehicles to engage the public in art.
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In response to Council Member Peotter's question, Chair Greer stated the proposal was for the
development manager to be funded by the City for a maximum of 3 years. She discussed the
possibility of naming opportunities for the Sculpture Garden. City Manager Kiff clarified the
proposal was for City funding of the Sculpture Garden for 2 years. Chair Greer discussed
receipt of funds by the City and Foundation. She discussed the creation of a memorandum of
understanding. Council Member Peotter confirmed that the development manager would be an
employee of the 501(c)(3). Chair Greer discussed the anticipated funds from Visit Newport
Beach. City Manager Kiff stated the City received $150,000 annually from Visit Newport Beach
which was currently unallocated, but the matter could come back on the regular agenda. He
indicated the development manager would be an employee of the Foundation and the City Arts
Commission would have a contractor management position. Council Member Peotter requested
the allocation of $150,000 from Visit Newport Beach be brought back to the Council.
George Schroeder indicated support for the City Arts Commission and stated politics should not
be involved in art.
Carmen Smith, President of the Newport Beach Arts Foundation, explained the process of
utilizing funds and approval by the City Arts Commission.
Rita Goldberg, City Arts Commissioner, discussed private investment in arts. She stated the
City Arts Commission is capable of working with the public to bring art to the community.
Lesley Miller, Palm Desert Art Commission and Newport Beach Foundation member, expressed
opposition to the sculpture proposed to be installed on Balboa Island. She discussed the review
process for public art.
Mayor Dixon asked if the sculpture was going through the Arts Commission. Library Services
Director Hetherton stated it would be discussed.
Mike Kerr, City Arts Commissioner, discussed the mandate for public and private funding to
make art successful in the City. He thanked Council for its support.
Council Member Petros indicated that the Council's message to the City Arts Commission was
to look for ways to develop public/private partnerships, not to completely wean the Commission
from the General Fund.
Council Member Selich believed this is a good initial step. He stated he is looking forward to
reviewing the Art Master Plan. He discussed the Visit Newport Beach funds and concurred that
the Council should formally vote on its allocation.
Mayor Pro Tem Muldoon requested the City Attorney opine on Council Policies I-9 and 1-13.
City Attorney Harp stated the policies were broad relative to funds that could be spent and if
there was conflict it could be waived.
Mayor Dixon thanked the City Arts Commission for its proposal. She stated the Library
Foundation and Board of Trustees could be replicated for arts. She suggested clarifying the
mission, roles and responsibilities, legal status, requirements of each body and operations of
employment arrangement. She requested staff review the relevant policies. She discussed Visit
Newport Beach and the development agreement funds held in reserve for art and culture. She
discussed the importance of public/private partnerships and noted the matter would return to
Council for further consideration. She requested community engagement in the selection of art
in public spaces.
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SSS. Proposed FY 17 CIP
Public Works Director Webb utilized a PowerPoint presentation to explain the Capital
Improvement Program (CIP), including review of 2015-16 CIP, construction work in progress,
the process for selection of new projects, goals associated with the CIP, City Council priorities,
and CIP history. He presented the Proposed 2016.17 CIP budget, including $12.3 million in
facilities and $23.5 million in streets and drainage, and he explained the pavement
management plan.
Council Member Petros expressed concern about the condition of Old Newport Boulevard
between Coast Highway and 16th Street. He believed the entire street needed attention in terms
of mobility and economic development.
Council Member Selich recused himself on the Bayside Drive Modification & Pavement
Rehabilitation discussion due to the proximity of his residence.
In response to Council Member Petros' question, Public Works Director Webb discussed the
proposed Bayside Drive modifications which would be presented to the community.
Council Member Selich returned to the dais.
Public Works Director Webb continued his presentation on streets and drainage on local streets,
landscape, drainage and other projects, and presented the Transportation CIP of $2.4 million.
Council Member Duffield recused himself on the Mariners Mile Street
Configuration/Land Use discussion due to the proximity of his business.
In response to Council Member Curry's question, Public Works Director Webb stated traffic
synchronization was nearly complete with the exception of software updates.
Council Member Petros stated the Mariners Mile Street Configuration was necessary but the
West Coast Highway Landscape project should be implemented first.
Council Member Duffield returned to the dais.
Public Works Director Webb continued his PowerPoint presentation and discussed the
$13.3 million in the Parks, Harbors and Beach CIP budget.
In response to Council Member Selich's question, Public Works Director Webb explained the
proposed addition of 90 -degree parking next to the American Legion. Council Member Selich
suggested additional improvements be made on the property.
Council Member Duffield asked if it was feasible to explore methods of sand retention at Grand
Canal. Public Works Director Webb discussed plans for final dredging.
Public Works Director Webb continued review of the Parks, Harbors and Beach CIP.
Mayor Dixon clarified that the Newport Harbor Yacht Club would contribute funds. Harbor
Resources Manager Miller discussed funding for the Central Avenue pier, including $350,000
from the Newport Harbor Yacht Club and $100,000 in State funding.
Mayor Dixon expressed appreciation for the new landscaping and parking on the Via Lido side
on Central Avenue.
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In response to Council questions, Harbor Resources Manager Miller explained repair of the
seawall cap. Public Works Director Webb further discussed the project to rebuild the cap at the
end of Bay Bridge.
Public Works Director Webb further discussed the seawall projects and reviewed the Water
Quality and Environmental CIP in the amount of $6.6 million. He presented the $3.3 million
Water CIP, $1.9 million in Wastewater CIP and $1.4 million in miscellaneous projects.
Council Member Curry recused himself on the Assessment District Payment for City
Parcels & UUAD Engineering discussion since he owns stock in AT&T.
Mayor Pro Tem Muldoon recused himself on the Assessment District Payment for City
Parcels & UUAD Engineering discussion due to his employment.
Public Works Director Webb discussed the utility undergrounding assessment district
engineering projects. He summarized the proposed CIP budget and funding sources.
Mayor Dixon commended staff for obtaining grant funds for public works improvements.
Public Works Director Webb presented the tentative 5 -year look ahead for the CIP budget. He
reviewed the projects not included in the proposed CIP budget.
Mayor Dixon asked about funding the reconstruction of the play field at Newport Elementary
School. Council Member Selich suggested the Council split the cost with the School District.
City Manager Kiff stated he would discuss the matter with the School District.
Public Works Director Webb highlighted the good news relative to capital improvement projects.
Mayor Dixon thanked Public Works staff for the work in District 1.
City Manager Kiff requested the Council provide input on the program.
Jim Mosher suggested using general fund obligation for sewer improvements to pay for the
City's own use. He questioned rebudgetting for an arts and culture master plan. Public Works
Director Webb stated $64,000 remained unspent.
Council Member Duffield commended staff on its efforts in funding a solar powered water wheel
to remove trash.
SS6. John Wayne Airport (JWA) - NextGen Update; Letter to the U.S. EPA; Performing
Additional Air Quality Analyses Relating to Emissions from JWA Planes
City Manager Kiff presented an update on NextGen and emissions studies.
In response to Mayor Dixon's question, City Manager Kiff stated the City was always within
Federal air quality standards.
City Manager Kiff discussed greenhouse gas emissions, JWA's efforts to reduce emissions and
promising trends. He discussed Bonnie O'Neil's concerns about material on her patio furniture
and request for additional study. He asked Council to determine if additional funds should be
allocated to further the previous work. He stated additional data was beneficial but he was
unsure whether anything could be done with the results.
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Study Session and Regular Meeting
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In response to Council questions, City Manager Kiff explained that the proposed Phase 2 study
came up during the recession when funding was unavailable. He stated that the studies he
displayed from other airports were for informational purposes only. He discussed litigation by
Earth Justice to regulate aircraft for greenhouse gases.
Council Member Selich stated he was not sure of the benefit of additional study.
In response to Council questions, City Manager Kiff stated he would ask UCI if it was interested
in participating in a study. He discussed AQMD studies.
Council Member Petros reported AQMD monitoring stations were selected based on proximity
to more offensive modes.
Bonnie O'Neil indicated support with asking UCI if it was interested in participating in a study.
She suggested conducting a study to determine health impacts.
Mayor Pro Tem Muldoon indicated that he could send a letter to UCI. City Manager Kiff
clarified that the study would be on health impacts versus emissions. Mayor Pro Tem Muldoon
suggested both options be presented.
Council Member Petros discussed the Aviation Committee's work focusing on issues with
possible outcomes. He discussed Dr. Boyle's studies. He suggested marshaling resources to
make an effective outcome. He indicated support for partnering on information gathering.
Mayor Dixon clarified that a letter would be sent to UCI while continuing to push the FAA on
flight takeoff improvements.
City Manager Mff stated he would work with Mayor Pro Tem Muldoon on the letter to UCI.
III. PUBLIC COMMENTS
Jim Mosher discussed the Parks, Beaches and Recreation Commission meeting where the dog beach
was discussed and Council's support of allowing dogs off their leashes. He expressed concern regarding
use of the City seal for personal opinions and questioned how Council knew the opinions of the other
Council Members.
City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss
the item as listed in the Closed Session agenda and read the title.
IV. CLOSED SESSION - 6:15 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION
(Government Code § 54956.9(d)(2)): 2 matters
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
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Study Session and Regular Meeting
May 10, 2016
VIII. CLOSED SESSION REPORT - None
DC PLEDGE OF ALLEGIANCE - Council Member Selich
X. INVOCATION - Rabbi David Young, Congregation B'nai Tzedek
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Mayor Pro Tem Muldoon requested that a staff report be brought back that would waive Council Policy
A-6 in order to adopt a resolution on May 24, 2016, honoring John Wayne.
Council Member Curry stated he attended the SCAG General Assembly Meeting with Mayor Pro Tem
Muldoon, at which driverless cars were discussed. He requested the dog beach issue be brought back to
consider the relevant policies. He announced the CERT 3rd annual multi -neighborhood emergency drill
on May 14, 2016, from 9:00 a.m. — 12:00 p.m.
Mayor Pro Tem Muldoon reported that he attended the League of California Cities City Attorney's
Conference and the SCAG General Assembly Meeting.
Mayor Dixon stated she celebrated openings of several yacht clubs. She announced, on behalf of
District 1, that the Lido House Hotel project had begun. She encouraged residents to patronize the Lido
Theater. She reminded residents of the deadline to apply to Boards and Commissions. She announced
the Bunnies and Books event at the Central Library on May 14, 2016, from 10:00 a.m. — 1:00 p.m, and
also announced an- upcoming shredding event. She reported she would be leaving the Council meeting
at 7:50 p.m.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 26, 2016 Study Session and Regular Meeting [100-20161
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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2016-9 (Code Amendment to Change Setback Map No. S -2G - 1902 East
Balboa Boulevard, Code Amendment No. CA 2016-001) Second Reading [100-20161
Conduct second reading and adopt Ordinance No. 2016-9, An Ordinance of the City Council of the
City of Newport Beach, California, Approving Code Amendment No. CA2016-001 Amending
Setbacks for Property Located at 1902 East Balboa Boulevard (PA2016-010).
RESOLUTIONS FOR ADOPTION
4. Resolution Authorizing Submittal of Application and Related Authorizations Associated
with the Beverage Container Recycling Program [100-20161
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City of Newport Beach
Study Session and Regular Meeting
May 10, 2016
a) Adopt Resolution No. 2016.55, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Application for Payment Programs and Related
Authorizations; and
b) Authorize the City Manager, or his designee, to execute all necessary documents.
6. Big Canyon Habitat Restoration and Water Quality Improvement Project — Adoption of
Mitigated Negative Declaration (15X12) [100-2016]
Adopt Resolution No. 2016-58, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Mitigated Negative Declaration No. ND2016-001 (SCH# 2016031011) for the
Big Canyon Habitat Restoration & Water Quality Improvement Project (PA2016-046), pursuant to
the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3.
CONTRACTS AND AGREEMENTS
8. 2014-2015 Streetlight Improvement Project - Notice of Completion and Acceptance of
Contract No. 5818 (15E01) [381100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
10. Professional Services Agreement Amendments with Harris & Associates for
Underground Assessment District Nos. 111, 116, and 116b (C-5995) and with Penco
Engineering for Underground Assessment District No. 117 (C-6290) [381100-2016]
a) Approve Amendment No. 2 to the Professional Services Agreement (PSA) with Harris &
Associates, at a "not -to -exceed" price of $35,060.00, and authorize the Mayor and City Clerk to
execute the Amendment; and
b) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Penco
Engineering, at a "not -to -exceed" price of $17,600.00, and authorize the Mayor and City Clerk to
execute the Amendment.
Mayor Pro Tem Muldoon recused himself from Item 10 due to a business interest.
Council Member Curry recused himself from Item 10 due to a stockholder interest in
AT&T.
11. Approval of Amendment No. 1 to the Professional Services Agreement with Moffatt &
Nichol for On -Call Marine Engineering and Design Services (C-6110) [381100-2016]
Approve Amendment No. 1 to the current Professional Services Agreement with Moffatt & Nichol
for on-call marine engineering and design services, add $180,000 to the agreement, extend the
agreement term to June 30, 2018, and authorize the Mayor and City Clerk to execute Amendment
No. 1 of the Agreement.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the
Consent Calendar, except for the items removed (Items 5, 7 and 9); and noting the recusals by Mayor
Pro Tem Muldoon and Council Member Curry to Item 10.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
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XV. ITEM REMOVED FROM THE CONSENT CALENDAR
9. Balboa Village Entry Arch Sign Project - Award of Construction Contract No. 7011-1
(15M1S)138/100-20161
Council Member Peotter expressed concern about the cost and fit in the district. He stated he was
unsure he could support taxpayer funding.
Public Works Director Webb explained the original 2014-15 CIP for the sign. He stated the parking
assessment district would cover the additional costs.
Council Member Peotter asked if the proposed sign was part of the overall sign plan. Community
Development Director Brandt stated the Balboa Village Advisory Committee (BVAC) had proposed
the entry arch sign.
Community Development Director Brandt explained the master plan for Balboa Village, including
wayfinding signs, as part of a revitalization plan, and explained the entry arch design.
In response to Council Member Peotter's questions, Community Development Director Brandt
stated the entry sign would not necessarily be utilized for all neighborhoods, but was part of the
revitalization plan. She noted that ExplorOcean participates on BVAC, but input was not required
from two other main properties.
Council Member Peotter expressed concern regarding piecemeal signs and suggested tabling the
matter.
Council Member Petros emphasized that the property owners had provided input. He stated there
was a comprehensive sign plan and the proposed arch sign was part of the overall concept.
Craig Smith, Balboa Village Merchants Association, stated the merchants contributed $37 million
in sales tax to the City's budget and parking revenue was a major source of funding for the sign. He
discussed the importance of the sign for the success of the businesses. He believed this was an
investment in future revenue growth.
Craig Batley, prior BVAC member and Balboa Village Merchants Association, discussed
revitalization of the area and the need for a landmark sign identifying the Village. He stated there
had been many opportunities for input and indicated that there is support for the arch sign.
Marcel Ford, President of Balboa Village Merchants Association, discussed efforts to revitalize
Balboa Village. He discussed recent community events in the Village.
Bud Wierenga, Cruisers Pizza Bar Grill, stated the sign should be considered an investment. He
indicated support for the arch sign.
Kelly Carlson, Vice President of Balboa Village Merchants Association and owner of Balboa Water
Sports and Balboa Beach and Bicycle Boutique, discussed the need for revitalization and assured
that the design was thoroughly vetted. She believed the sign was necessary for success of the
businesses.
Mike Thompson, Balboa Village Merchants Association, concurred with the prior speakers,
believing that the sign was necessary.
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Jim Mosher questioned how the sign would revitalize Balboa Village and discussed the benefit area.
Public Works Director Webb explained the funding for the project, including the use of General
Fund and parking revenue.
Lesley Miller indicated support for the sign and discussed the success of a similar sign in Palm
Springs. She reminded Council that the sign needed to be reviewed by the City Art Commission.
Motion by Council Member Petros. seconded by Council Member Curry, to a) approve the
project drawings and specifications; b) award Contract No. 7011-1 to AToM for the total bid price of
$234,398.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish
an amount of $23,500.00 (approximately 10 percent) to cover the cost of unforeseen work not
included in the original contract.
Council Member Duffield stated he contacted several people in the area who were confused about
the purpose of the sign. He agreed that a sign was necessary, but believed the proposed sign was too
big. He indicated a sign would not help seasonal business and that he would not be supporting this.
Council Member Curry discussed revitalization strategies and believed the arch was critical to
revitalize Balboa Village.
Mayor Dixon discussed the time and effort to revitalize Balboa Village and believed the arch sign
would create an identity.
Mayor Pro Tem Muldoon concurred with Council Member Duffield.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon
Nays: Council Member Peotter, Council Member Duffield, Mayor Pro Tem Muldoon
7. Adoption of the Updated Local Hazard Mitigation Plan (LHMP) for the City of Newport
Beach [100-2016]
Emergency Services Coordinator Eing explained the Updated Hazard Mitigation Plan, making the
City eligible for FEMA funding following disasters. Council Member Peotter stated the update was
necessary and he would support the item.
Jim Mosher suggested the plan be posted on the City's website.
Motion by Council Member Peotter, seconded by Council Member Petros, to a) review the
proposed draft of the Local Hazard Mitigation Plan; and b) adopt Resolution No. 2016-59, A
Resolution for the City Council of the City of Newport Beach, California, Approving the Updated City
of Newport Beach Local Hazard Mitigation Plan (LHMP).
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
5. Petition Certification for Proposed Underground Assessment District Nos. 114 (Area
Bounded by: Tustin Avenue / 15th Street / Irvine Avenue and Cliff Drive) and 114b (Area
Bounded by: Riverside Avenue / 15th Street / Tustin Avenue and Cliff Drive) and
Approval of Professional Services Agreement with Harris and Associates, Inc. (C-8028-1)
[381100-2016]
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Mayor Pro Tem Muldoon recused himself due to a business interest and Council Member
Curry recused himself due to a stockholder interest in AT&T.
Mayor Dixon left the meeting at 7.50 p.m.
Council Member Petros discussed concerns regarding undergrounding and stated he pulled the item
to allow public input.
Deputy Public Works Director Vukojevic presented the staff report. He presented the boundary
map and explained the upcoming alley improvement project. He discussed certification of the
petition and rescission of names from the petition.
Dennis Anderson, Harris and Associates, explained the petition certification on April 25, 2016, at
which 54.21% were in favor. He discussed additional name rescissions after certification and stated
the current support was at 51.23%. He stated the signature rescission process is very unique.
Deputy Public Works Director Vukojevic presented the proposed actions before Council.
Council Member Peotter stated that City policy requires 60% petition signatures, but State law only
required 50%. He stated the Council is being asked whether to vote on the assessment district.
Deputy Public Works Director Vukojevic clarified that the item was for initiating the engineer's
report. He stated Council was not approving a balloting process, $19,000 had already been spent,
and it would total $68,000 to get to the balloting process.
Council Member Selich reminded Council that Charter Section 412 required a quorum of the entire
Council to pass, not simply those present.
Douglas Smith discussed his choice for power, believed the alleys should have been paved 8 years
ago, and the process should follow the democratic process.
Burr Buman discussed the letter he received from the City which he believed constituted a petition,
creating the requested rescissions.
In response to Council Member Peotter's question, Deputy Public Works Director Vukojevic
explained that the City mailed postcards requesting interest, which were turned over to the
proponents who solicited petition signatures.
At 8.05 p.m., Council Member Duffield left the meeting creating a lack of quorum. Council
recessed and reconvened at 8:06 p.m. when Council Member Duffield returned.
Susan Kopicki discussed her experience during the petition process, believing people were misled
and thought they were requesting additional information. She indicated opposition to the
undergrounding.
Jeanne Fobes believed there is no safety need and the cost was prohibitive. She discussed her
request for her name to be rescinded.
Simone Wilson requested that Council not approve certification due to the need to waive the 60%
threshold and combining the districts. She expressed opposition to undergrounding due to the cost.
She discussed the request for her to sign the petition under false pretenses, believing that she was
simply requesting more information. She believed the process lacked transparency and requested
the two districts not be combined.
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Sara D'elia indicated support for undergrounding, but did not want adversity. She discussed the
benefits of undergrounding and suggested proceeding in order to determine actual costs.
Lynda Adams believed that 51% does not provide a reasonable expectation for successful district
formation.
Gina Cereda discussed the need to repair the alleys and believed the poles were unsightly and
dangerous. She suggested moving forward with undergrounding.
Cheryl Kennihan stated she is on a fixed income and is opposed to undergrounding and lowering the
threshold. She believed that the vocal minority was bullying the majority. She discussed the need
to hand dig due to existing utilities.
Lynn Lorenz questioned why residents should pay for an improvement to the City. She discussed
the lack of communication to homeowners and expressed concern about proponents gathering
signatures. She asked what happened to the funds for alley repairs. She stated the 60% threshold
should be met.
Rick Weiss indicated opposition to undergrounding. He believed the 60% threshold should be met
and the districts should not be combined. He requested that Council remain neutral in the process.
Mike Hefner provided letters he prepared and sent to the neighborhood describing the proposal,
costs, and owner responsibilities. He discussed steps necessary to verify signatures and rescission
requests. He requested the right to vote on the matter.
Niall Barrett requested that Council support undergrounding. He discussed a flyer hand delivered
to his neighbors, but not to him, misrepresenting information. He urged Council to allow the
residents to vote on the matter.
Steve Byers expressed his surprise that he was moved into new Assessment District No. 114b. He
indicated opposition to undergrounding.
David Fults indicated support for the project and the investment in the community. He requested
the residents be allowed to vote on the matter.
Stacie Fults stated she was in favor of undergrounding and requested the right to vote.
Harry Barton reminded the Council to follow the required procedure.
Carrie Slayback thanked Council for providing City amenities and requested that Council respect
the property rights of residents whose property rights could be encumbered. She stated she handed
out the flyer referenced by Mr. Barrett, which she confirmed was correct.
Leslie Bubb discussed the need to underground the power lines. She requested that Council allow
the proposal to go to a vote of the people.
Tom Newman indicated opposition to undergrounding and lowering the threshold. He stated he
was told signing the petition would provide more information and, therefore, requested his
signature be rescinded.
Ernest Adams believed removal of power poles would not improve the aesthetics. He discussed
narrow lots, driveways, and curb cuts. He believed that, unless undergrounding was supported by
an overwhelming majority, it did not make sense.
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Scott Barnard stated he was a proponent of the project and proponent of voting. He looked forward
to making an investment in aesthetics, turn radius and the potential for fiber optics. He requested
the opportunity to vote on the district. He believed a majority of the owners are asking to be
allowed to vote.
Michael Barnett expressed opposition to undergrounding.
Brenda Wolford believed the older citizens would have difficulty coming up with the money. She
stated she had seen residents remove opposition signs.
Nancy Turner indicated opposition to the proposed undergrounding due to cost for an unnecessary
project.
Rowin Jacobs discussed the safety factor and need for undergrounding.
Deputy Public Works Director Vukojevic stated none of the flyers were approved by City staff. He
reported that undergrounding electrical lines is a requirement for new development.
Council Member Petros believed this issue is tearing apart Newport Heights. He stated he had
been available and responded to hundreds of emails regarding the matter, and reiterated that he
would remain out of the resident -driven initiative. He discussed his commitment to upgrade the
alleys. He stated it was not a question of allowing a vote rather following the rules. He noted that
the petition support was only at 50% and believed it was not appropriate to spend money on a study
that would get voted down.
Council Member Peotter indicated support for undergrounding for safety reasons. He discussed the
60% threshold and stated the engineers report would provide precise information. He expressed
dissatisfaction about the neighborhoods' behavior. He stated he would support proceeding.
Motion by Council Member Peotter. seconded by Council Member Duffield, to continue the
item to the next City Council meeting.
Council Member Duffield stated undergrounding in his neighborhood improved the aesthetics and
increased property values.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich
Nays: Council Member Petros
Recused: Council Member Curry, Mayor Pro Tem Muldoon
Absent: Mayor Dixon
Mayor Pro Tem Muldoon recessed the meeting at 9:09 p.m. and reconvened at 9:10 p.m.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Steve Rosansky, Newport Beach Chamber of Commerce, announced the Wake Up! Newport meeting at
which the Coastal Commission Chair would speak and announced a luncheon at Marriot Hotel
featuring Mohamed El-Erian.
Jim Mosher discussed the Greenlight initiative and reiterated the political problem due to discrepancy
between City staff and voter balances in the "buckets."
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Ryan O'Grady, Newport Citizens for Responsible Growth (NCRG), expressed concern about the
proposed stadium at Corona del Mar High School and impact on property values. He requested that the
Newport -Mesa School District Board of Education consider the proposed alternative of two sports fields.
Annie Lindt, Co -President of NCRG, discussed limited parking in the area and high school traffic. She
requested working with Council to find solutions and requested that the Board of Education consider
the proposed alternative and encouraged the Council to visit newportcitizens.com to read the plan.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros discussed the Finance Committee meetings on April 28, 2016 and May 4, 2016,
and stated weekly meetings would be held until the budget was adopted, with the next meeting being
held on May 12, 2016 at 4:00 p.m.
XVIII. PUBLIC HEARINGS
12. Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084) [100-2016]
Planning Manager Alford presented a PowerPoint presentation, introducing the proposed permit
including vicinity aerial, special event permit requirements, special event levels, special event
Dunes location, event limits, Planning Commission approval including sound curfew and noise
mitigation protocols, and changes offered by the applicant.
Council Member Duffield stated he called the matter for review due to resident concerns. He
discussed efforts by the Dunes to reduce noise impacts to Dover Shores residents and reported that
the City sound monitor will attend all level events.
Community Development Director Brandt explained efforts to clarify the special events process.
She discussed the first year trial phase.
Mayor Pro Tem Muldoon opened the public hearing.
Jim Mosher stated 500 events per year seemed like a lot and questioned how the sound engineer
could be present at each event. He reminded Council that the Planning Commission did not have
the authority to approve the CUP, until the Municipal Code was amended; and spoke to bundled
event permit approvals.
Gail Jones thanked staff for working with the residents and the Dunes. She proposed a 9:00 p.m.
curfew during the week, with a 10:00 p.m. curfew on the weekend.
D.J. Martin, Newport Beach Chamber of Commerce, discussed the Dunes' management of events
and their efforts to ensure the neighbors were not impacted. He encouraged Council to approve the
permit.
Craig Batley discussed the Planning Commission hearing and indicated support for the Dunes. He
urged Council to approve the CUP.
Gerry Tieri, Newport Beach Chamber of Commerce Commodore, stated the Dunes is considerate of
its neighbors and encouraged Council to approve the permit.
Karl Kruger, General Manager for Fairmont Newport Beach, indicated support for the
recommendation.
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Ron Weinstein, Newport Beach Mediation and President of Dover Shores Homeowners Association,
requested controls so the neighborhood was not disturbed. He thanked the Dunes for their efforts.
There being no further testimony, Mayor Pro Tem Muldoon closed the public hearing.
Motion by Council Member Petros, seconded by Council Member Duffield, to a) find that
project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section
15323, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental
Quality Act) under Class 23 (Normal Operations of Facilities for Public Gatherings); and b) adopt
Resolution No. 2016-60, A Resolution of the City Council of the City of Newport Beach, California,
Upholding and Modifying, In Part, the Planning Commission's Approval of Conditional Use Permit
No. UP2015-021 to Allow a Specified Number of Special Events at the Newport Dunes Resort and
Marina.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon
Absent: Mayor Dixon
13. Community Development Block Grant - 2016-2017 Action Plan (C-8037-1) (381100-2016]
Principal Planner Campbell recommended approval of the Action Plan.
Mayor Pro Tem Muldoon opened the public hearing.
Myrenna Ogbu, Council on Aging, thanked Council for its consideration of the proposed grant
Jim Mosher noted that the money was not free and discussed administrative fees. He discussed the
surplus from last year. He asked the results of input from low and moderate income people. He
asked what program Council on Aging replaced.
There being no further testimony, Mayor Pro Tem Muldoon closed the public hearing.
Motion by Council Member Curry, seconded by Council Member Selich, to adopt Resolution
No. 2016-61, A Resolution of the City Council of the City of Newport Beach, California, Approving
the 2016-2017 Action Plan for the Allocation of the Federal Community Development Block Grant for
the 2016-2017 Fiscal Year, finding the approval of Action Plan exempt from the National
Environmental Policy Act and California Environmental Quality Act, and authorizing the City
Manager to: 1) submit the 2016-2017 Action Plan to HUD; 2) execute the 2016-2017 CDBG Program
Grant Agreement and all related documents on behalf of the City; 3) execute subrecipient
agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action
Plan; and 4) authorize the Community Development Director, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental documentation for
CDBG projects.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon
Absent: Mayor Dixon
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Q
14. Regional Analysis of Impediments to Fair Housing Choice [100-20161
Principal Planner Campbell presented the staff report.
Council Member Petros stated he was encouraged by the three recommendations for reconsideration
in the Zoning Code.
Motion by Council Member Petros. seconded by Council Member Currv, to a) find this
action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3; and b) approve the 16 City Regional Analysis of Impediments to Fair Housing Choice for
Newport Beach.
Mayor Pro Tem Muldoon opened the public hearing.
Jim Mosher questioned the Greenlight limit related to bonus units.
There being no further testimony, Mayor Pro Tem Muldoon closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon
Absent: Mayor Dixon
15. Streetlight LED Retrofit - Award of Contract No. 6427 (16V11) [381100-20161
City Manager Kiff stated the matter was under current business due to the funding amount.
Motion by Council Member Currv, seconded by Council Member Selich, to, upon Southern
California Edison's confirmation that the funding has been secured and awarded to the City:
a) award Contract No. 6427 to Express Energy Services, Inc. (Express Energy) for the amount of
$1,061,780.32, and authorize the Mayor and City Clerk to execute the contract; b) include in the
project construction contract encumbrance an additional contract contingency allocation of
$106,219.68 (approximately 10 percent of the total bid) to cover unforeseen conditions, extra work
and/or material quantities; and c) approve Budget Amendment No. 16BA-039 to appropriate
$1,169,000.00 from the unappropriated General Fund balance to Account No. 01001928-980000-
16V11 (Streetlight LED Retrofit project) as an advance for rebates and savings from Southern
California Edison (SCE) through its Energy Leader Partnership Program and receive revenue of
approximately $620,000 in 01003-511050 (General Fund- Private Refunds & Rebates) an $549,000
in 01003-612005 (General Fund -Proceeds from Long Term Debt).
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon
Absent: Mayor Dixon
16. Professional Services Agreement for Citation Processing, Parking Permit Processing,
Parking Adjudication Support Services and Parking Citation Issuance Hardware
(C-8027-1) [381100-20161
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City Manager Kiff provided a brief the staff report.
Motion by Council Member Curry, seconded by Council Member Selich'to a) approve and
authorize the Mayor and City Clerk to execute the PSA in an amount not to exceed $1,237,190; and
b) approve Budget Amendment No. 16BA-038, increasing appropriations from the General Fund
and Parking Fund Unappropriated Fund Balances for a total of $161,000 to provide funding for the
PSA.
In response to Council Member Peotter's questions, Deputy Finance Director Montano discussed
increased revenues, making the net cost $114,000 and an additional $60,000, thereafter. He
explained the current situation of separate databases and the solution to integrate the system.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon
Absent: Mayor Dixon
XX. MOTION FOR RECONSIDERATION - None
XII. ADJOURNMENT - 10:01 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 5, 2016, at 4:00 p.m.
J,
City Clerk
ayor
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