HomeMy WebLinkAbout09/13/2016 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
September 13, 2016
I. ROLL CALL - 4:00 p.m.
II.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Curry
SS1. Clarification of Items on the Consent Calendar - None
SS2. Presentation of Plaques to Outgoing Board Members and Commissioners [100-20161
Mayor Dixon, on behalf of the City Council, extended her appreciation to the outgoing Board
Members and Commissioners.
SS3. Check Presentation from the Friends of the Newport Beach Library [100-2016]
Amy Hunt, President of the Friends of the Newport Beach Library, presented a check in the
amount of $205,000 to Library Services Director Hetherton.
Mayor Dixon expressed her appreciation to the Friends of the Newport Beach Library on the
public/private partnership.
SS4. New Version of MyNB App [100-2016]
Assistant to the City Manager/IT Manager Houston presented a PowerPoint presentation
describing the improvements to the mobile app .
In response to Mayor Dixon's questions, Assistant to the City Manager/IT Manager Houston
discussed use of the app and indicated there had been 1,320 downloads. He also explained the
process for internal routing to the appropriate department.
Council Member Duffield reported on his son-in-law's successful use of the app.
Mayor Pro Tem Muldoon suggested that the app include the City's story and historical
landmarks.
SSS. Update on the City's Disaster Preparedness Program [100-2016]
Emergency Services Coordinator Eing presented a PowerPoint presentation and discussed the
Emergency Operations Center (EOC), training, activation, disaster plans, and the AlertOC Call -
Out drill.
Life Safety Specialist Brisbois utilized the PowerPoint presentation to highlight community
preparedness.
Volume 63 - Page 86
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Council Member Petros suggested conducting neighborhood meetings for emergency
preparedness. Life Safety Specialist Brisbois reported that any group can request to receive a
disaster preparedness presentation. He invited residents to contact the City at 949-6.44-3112 or
nbcert@nbfd.net.
In response to Mayor Dixon's question, Police Chief Lewis encouraged residents to have an
emergency plan and take the responsibility for individual preparedness.
Jim Mosher explained where to access disaster preparedness information on the City's website.
SS6. Continued Public Participation and Feedback Regarding Short Term Lodging Issues
and Approaches [100-2016]
Community Development Director Brandt highlighted the 2 -phased approach
Craig Batley discussed the history of vacation rentals in the City and suggested a terms of use
agreement, and invited management companies to work with staff.
Joani Stavale, President of the Canyon Crest Homeowners Association, agreed with the
requirement for annual permits and HOA verification. She suggested that the funding from
annual permitting be used to increase code enforcement.
Ace Clark stated he built his back unit for family, but relied on weekend stays. He encouraged
Council to oversee the program, but not at a day-to-day operational level.
George Turk indicated opposition to prohibiting two -night stays.
Bill Youpel stated he would be impacted by the proposal.
Cathy Murphy expressed concern with nine-month rentals and four -night minimum stays. She
questioned who would be policing the maximum of two adults over 18 per bedroom and believed
it was a difficult stipulation.
George Schroeder discussed issues with nine-month rentals versus short term rentals. He
believed it was reasonable to allow two adults per bedroom due to parking. He discussed the
impact on hotels due to short term rentals.
Tom Houston believed the City was not designed for short term rentals in residential areas. He
recommended requiring a week minimum stay.
Lee Pearl, President of the Balboa Island Improvement Association, noted all homes on Balboa
Island were eligible to be short term rentals. He discussed the conflict between short term
rentals and permanent residents. He suggested Council reevaluate the staff recommendations
within a year.
Karen Carlson complimented staff on its recommendations. She agreed with requiring annual
permit renewals and suggested more code enforcement.
Brad Dendull stated only 1% to 1.5% of residences were rental properties. He believed four -
night minimum stays would affect the off-season and encouraged Council to not micromanage
the issue. He discussed the impacts on cleaning and trash services. He presented a map of
grandfathered rental properties on Court Avenue between 19th and 20th Streets.
Volume 63 - Page 87
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Dylan Dahl discussed her experience with renting her property. She indicated support for short
term rentals with regulations and questioned whether hotels were also required to have a four -
night minimum stay. She suggested conducting a study on those staying in rentals.
Art White suggested three -nights as the minimum stay requirement and to post short term
lodging permit numbers online.
Don Abrams, Abrams Coastal Properties, discussed how his business handles complaints and
indicated that nine month rentals generally occurred when homeowners had to temporarily
relocate. He discussed issues with Airbnb.
Darryl Frisbie discussed phasing out the grandfathered clause.
Ken Rawson stated he had always rented half of his duplex and believed a minimum stay of four
nights would be detrimental during the winter months. He indicated support for the proposed
regulations and suggested enforcing noise in short term rentals.
In response to Council Member Duffield's question, Mr. Rawson discussed his experience with
short term rentals.
Denys Oberman discussed the demographics in the various villages and believed a sound policy
could be implemented Citywide. She suggested that Council revisit the notion of a seven -night
stay in residential zones. She questioned when home sharing became a boarding house.
Jim Mosher commented on Recommendation No. 6 to phase out grandfathered properties.
Carmen Rawson discussed her rental properties. She suggested the rules be enforced and the
number of people per room be limited.
Chuck Cortright, Spa Gregories owner, discussed his short term rental property and suggested
a two or three -night minimum.
Debbie Wesseln questioned the reasoning behind the ten -mile limitation for the contact person.
She indicated support for the regulations, but expressed concern with listing phone numbers
and receiving calls that are unrelated to the property.
Shawn Mettha, Airbnb renter on 15th Street, believed the ten -mile limitation was prohibitive
and encouraged allowing a three -night minimum. He agreed with restricting the number of
occupants per bed. He encouraged the City to try to collect the 10% transient occupancy tax
from the rental companies.
City Manager Kiff requested input on limiting the minimum stay to three versus four nights,
limiting the number of persons per bed, requiring contact information be within 10 miles,
annual renewals, grandfathering in 212 properties, and requiring HOA verification letters.
Community Development Director Brandt clarified that the City would need to amend the
certified LCP to modify the grandfathered units.
Council Member Selich stated he had never received a short term lodging complaint, is opposed
to enforcing HOA regulations, and does not see a reason to impose a minimum stay. He further
indicated opposition to home sharing and bedroom limitations. He stated he was not inclined to
support ordinance changes. He suggested receiving industry input on any suggested changes.
Volume 63 - Page 88
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Council Member Peotter encouraged staff to work with Airbnb to enforce existing regulations.
Mayor Dixon discussed the increase in short term rentals and suggested requiring annual
permit renewals.
In response to Mayor Dixon's question, City Attorney Harp suggested self -verification of HOA
allowance.
Mayor Dixon indicated support for a three-day minimum stay. She suggested phasing out the
grandfathered properties and increasing code enforcement and fines.
Mayor Pro Tem Muldoon suggested encouraging online companies to follow the same rules and
possibly create an incentive program for those that do.
Council Member Selich disagreed that the annual permit would deal with Airbnb. He stated it
would be necessary to confirm that the rentals were permitted. He indicated support for staffs
proposal to hire a company to enforce payment of the transient occupancy tax.
Council Member Petros concurred with Council Member Selich. He believed that the short term
rental process works. He stated he did not support renewal of annual permits and indicated
self -verification was important. He suggested a punitive remedy for habitual offenders and, in
addition, believed homesharing should not be included in the Municipal Code.
Council Member Duffield agreed with Council Member Selich's comments and suggested
conducting additional enforcement.
In response to Mayor Pro Tem Muldoon's question, City Attorney Harp discussed pending
litigation regarding the online companies being responsible for the content on their websites.
Mayor Pro Tem Muldoon suggested self-regulation.
In response to Mayor Dixon's question, City Manager Kiff discussed meetings with Airbnb
regarding tax collection. Community Development Director Brandt discussed concern with the
permit being posted online and the ability to audit.
City Manager Kiff confirmed that Council does not want to make too many changes, except as it
relates to having HOA verification; in five years, to potentially be put on notice that a permittee
may lose its unused permit; and reinforce existing regulations. Community Development
Director Brandt suggested utilizing best practices as it relates to reapplying for unused permits.
III. PUBLIC COMMENTS
Jim Mosher questioned the real estate negotiation to be discussed in Closed Session (Item Q.
Shawn Mettha suggested Airbnb collect the taxes for short term rental properties.
Fran Rahimi, on behalf of Orange County Human Relations, presented the Annual Report.
IV. CLOSED SESSION - 6:08 p.m.
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; Negotiators.
Volume 63 - Page 89
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Employee Organizations: Newport Beach Police Association (NBPA).
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 3 matters
Rubeadario Cabrera v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00726252-CU-PO-CJC
Maria Balbuena v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00724934-CU-PO-CJC
John Lin and Sunny Lin v. ZPizza Stores, City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00754090-CU-PO-CJC
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 20302 Riverside Drive, Newport Beach, CA 92660
Agency Negotiator: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Jon Lewis,
Police Chief and Tom Fischbacher, Newport Beach Police Department Lieutenant
Negotiating Party: Carole Brown Rich and Kathy Leonard
Under Negotiation: Instruct negotiator as to price and terms of payment.
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 Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Curry
VIII. CLOSED SESSION REPORT - None
IX. PLEDGE OF ALLEGIANCE - Council Member Duffield
X. INVOCATION - Jackson La Rue, Member of the Baha'i Faith, accompanied by Mark Teale of
Teale Architecture
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Petros announced the opening of the 16th Street Recreation Center and displayed a
video of the facility.
Volume 63 - Page 90
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Council Member Selich stated the California'Coastal Commission approved the final portion of the
City's Local Coastal Program (LCP) and commended staff. He stated the LCP would be certified by the
City Council in October. He stated he attended the final Concert on the Green and announced the
Balboa Island Centennial Celebration on September 18, 2016.
Council Member Peotter announced that the Orange County Mosquito and Vector Control District will
be holding an information meeting on September 21, 2016. He also announced that the Corona del Mar
Residents Association will be holding a meeting to discuss parking on September 14, 2016, at 6 p.m, and
will be holding its candidate forum on September 28, 2016.
Mayor Dixon discussed the Pacific Coast Triathlon. She congratulated staff on the 15th Street / Balboa
Boulevard Revitalization Project. She urged residents to attend the Concerts on the Green and
displayed photographs of the 2016 season. She announced the upcoming Mayor's Town Hall Meeting on
September 19, 2016, at 6:30 p.m., at Marina Park, as well as the upcoming candidate forums. She
announced Digital Saturday at the Central Library on September 24, 2016 and Finding the Meaning in
Art on September 29, 2016.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 9, 2016 Study Session and Regular Meeting [100-2016]
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.
ORDINANCES FOR ADOPTION
3. Residential Parking Permit Ordinance (Corona del Mar High School Area) - Second
Reading [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2016-15, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Subsection 12.68.060(C) of the Newport Beach
Municipal Code to Establish a Residential Parking Permit Program for Arbutus Street, Aleppo
Street, Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street.
4. Second Reading of Ordinance No. 2016-11 to Amend the Stakeholder Business Structure
and Annual Assessments Levied for the Newport Beach Restaurant Association Business
Improvement District [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2016-11, An Ordinance of the City Council of
the City of Newport Beach, California, Amending the Stakeholder Business Structure and
Annual Assessments Levied for the Newport Beach Restaurant Association Business
Improvement District.
Volume 63 - Page 91
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
RESOLUTIONS FOR ADOPTION
5. Adoption of Resolution No. 2016-109 for the Grant Award from the California Department
of Alcoholic Beverage Control (C-8108-1) [381100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2016-109, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Acceptance of the California Department of Alcoholic Beverage
Control FY 2016-2017 Grant Assistance Program Grant Award and Authorizing the Chief of
Police to Act as "Authorized Agent" to Execute on Behalf of the City Any Actions Necessary to
Secure Payment of and Implement the Grant to Supplement the Police Department's Alcohol
Education and Enforcement Efforts.
CONTRACTS AND AGREEMENTS
15th Street/Balboa Boulevard Rehabilitation - Notice of Completion of Contract No. 6341
(Project No. 15R11) [381100-20161
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (On December 8, 2015, City Council found this project was found to be exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301 and 15303);
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.
8. Zone III Pump Station Variable Frequency Drive (VFD) Replacement — Notice of
Completion of Contract No. 6278 (Project No. 16W16) [381100-20161
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (At the December 8, 2015 meeting, this project was found to be exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15302);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful performance Bond one year after acceptance by the City Council.
9. Ocean Piers - Inspection & Design Services - Approval of Professional Services
Agreement with COWI North America, Inc. (C-8188-1) (171103) [381100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with COWI North America, Inc. (COWI) of Long
Beach, California, for the Ocean Piers - Inspection & Design Services project at a not -to -exceed
price of $200,000.00, and authorize the Mayor and City Clerk to execute the Agreement.
11. Final Tract Map No. 17772 for 81 -Unit Residential Condominium Development Located at
1560 Placentia Avenue (C-8206-1) [381100-20161
a) Find that all significant environmental concerns for the proposed project have been addressed in
the previously adopted Ebb Tide Residential Mitigated Negative Declaration
(SCH#2015071007). The final map is within the scope of the previously adopted MND in
accordance with the California Environmental Quality Act (CEQA);
b) Review and approve Final Tract Map No. 17772 located at 1560 Placentia Avenue pursuant to
Section 19.60.010 of the Municipal Code;
Volume 63 - Page 92
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
c) Review and approve the Subdivision Agreement for Final Tract No. 17772 pursuant to Section
19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the
Subdivision Agreement; and
d) Review and approve the required construction securities for Final Tract No. 17772 pursuant to
Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute
and release securities.
12. Approval of Amendment No. One to the Professional Services Agreement with Anchor
QEA, L.P. for On -Call Marine Engineering and Design Services (Contract No. 6111)
[381100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One to the current Professional Services Agreement with Anchor
QEA, L.P. for On -Call Marine Engineering and Design Services, add $180,000 to the agreement,
extend the agreement term to March 29, 2018, and authorize the Mayor and City Clerk to
execute the Amendment.
13. Amendment to the Professional Services Agreement with Placeworks, Inc. for the
Preparation of the Environmental Impact Report for the Proposed Museum House
Residential Project Located at -850 San Clemente Drive (PA2015-152) (C-6393) [381100-
2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and
City Clerk to execute the Agreement.
14. Temporary Employment Agreement - Planner (C-8200-1) [381100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager and City Clerk to execute the Temporary Employment Agreement
with retired employee Kay Sims to temporarily fill the position of a planner.
15. Approve Consent to Assignment and Assumption of Lease for Eastbluff Park Boys' &
Girls' Club of Central Orange Coast (C-8207-1) [381100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly and because it is not a
Project as defined in Section 15378 of the CEQA Guidelines; and
b) Approve and authorize the Mayor to execute the "Landlord Consent to Assignment and
Assumption of Lease by Operation of Law" acknowledging and consenting to the assignment of
the Lease from BCHA to BGCCOC.
16. Lower Sunset View Park Conceptual Design - Approval of Professional Services
Agreement with T.Y. Lin International (C-8020-1) (15T09) [381100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with T.Y. Lin International of San Diego, California,
for the Lower Sunset View Park Conceptual Design at a not -to -exceed price of $125,325.00, and
authorize the Mayor and City Clerk to execute the Agreement.
Volume 63 - Page 93
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
September 13, 2016
I. ROLL CALL - 4:00 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Curry
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Presentation of Plaques to Outgoing Board Members and Commissioners [100-20161
Mayor Dixon, on behalf of the City Council, extended her appreciation to the outgoing Board
Members and Commissioners.
SS3. Check Presentation from the Friends of the Newport Beach Library [100-2016]
Amy Hunt, President of the Friends of the Newport Beach Library, presented a check in the
amount of $205,000 to Library Services Director Hetherton.
Mayor Dixon expressed her appreciation to the Friends of the Newport Beach Library on the
public/private partnership.
SS4. New Version of MyNB App [100-20161
Assistant to the City Manager/IT Manager Houston presented a PowerPoint presentation
describing the improvements to the mobile app .
In response to Mayor Dixon's questions, Assistant to the City Manager/IT Manager Houston
discussed use of the app and indicated there had been 1,320 downloads. He also explained the
process for internal routing to the appropriate department.
Council Member Duffield reported on his son-in-law's successful use of the app.
Mayor Pro Tem Muldoon suggested that the app include the City's story and historical
landmarks.
SS5. Update on the City's Disaster Preparedness Program [100-20161
Emergency Services Coordinator Eing presented a PowerPoint presentation and discussed the
Emergency Operations Center (EOC), training, activation, disaster plans, and the AlertOC Call -
Out drill.
Life Safety Specialist Brisbois utilized the PowerPoint presentation to highlight community
preparedness.
Volume 63 - Page 86
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Council Member Petros suggested conducting neighborhood meetings for emergency
preparedness. Life Safety Specialist Brisbois reported that any group can request to receive a
disaster preparedness presentation. He invited residents to contact the City at 949-644-3112 or
nbcert@nbfd.net.
In response to Mayor Dixon's question, Police Chief Lewis encouraged residents to have an
emergency plan and take the responsibility for individual preparedness.
Jim Mosher explained where to access disaster preparedness information on the City's website.
SS6. Continued Public Participation and Feedback Regarding Short Term Lodging Issues
and Approaches [100-20161
Community Development Director Brandt highlighted the 2 -phased approach.
Craig Batley discussed the history of vacation rentals in the City and suggested a terms of use
agreement, and invited management companies to work with staff.
Joani Stavale, President of the Canyon Crest Homeowners Association, agreed with the
requirement for annual permits and HOA verification. She suggested that the funding from
annual permitting be used to increase code enforcement.
Ace Clark stated he built his back unit for family, but relied on weekend stays. He encouraged
Council to oversee the program, but not at a day-to-day operational level.
George Turk indicated opposition to prohibiting two -night stays.
Bill Youpel stated he would be impacted by the proposal.
Cathy Murphy expressed concern with nine-month rentals and four -night minimum stays. She
questioned who would be policing the maximum of two adults over 18 per bedroom and believed
it was a difficult stipulation.
George Schroeder discussed issues with nine-month rentals versus short term rentals. He
believed it was reasonable to allow two adults per bedroom due to parking. He discussed the
impact on hotels due to short term rentals.
Tom Houston believed the City was not designed for short term rentals in residential areas. He
recommended requiring a week minimum stay.
Lee Pearl, President of the Balboa Island Improvement Association, noted all homes on Balboa
Island were eligible to be short term rentals. He discussed the conflict between short term
rentals and permanent residents. He suggested Council reevaluate the staff recommendations
within a year.
Karen Carlson complimented staff on its recommendations. She agreed with requiring annual
permit renewals and suggested more code enforcement.
Brad Dendull stated only 1% to 1.5% of residences were rental properties. He believed four -
night minimum stays would affect the off-season and encouraged Council to not micromanage
the issue. He discussed the impacts on cleaning and trash services. He presented a map of
grandfathered rental properties on Court Avenue between 19th and 20th Streets.
Volume 63 - Page 87
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Dylan Dahl discussed her experience with renting her property. She indicated support for short
term rentals with regulations and questioned whether hotels were also required to have a four -
night minimum stay. She suggested conducting a study on those staying in rentals.
Art White suggested three -nights as the minimum stay requirement and to post short term
lodging permit numbers online.
Don Abrams, Abrams Coastal Properties, discussed how his business handles complaints and
indicated that nine month rentals generally occurred when homeowners had to temporarily
relocate. He discussed issues with Airbnb.
Darryl Frisbie discussed phasing out the grandfathered clause.
Ken Rawson stated he had always rented half of his duplex and believed a minimum stay of four
nights would be detrimental during the winter months. He indicated support for the proposed
regulations and suggested enforcing noise in short term rentals.
In response to Council Member Duffield's question, Mr. Rawson discussed his experience with
short term rentals.
Denys Oberman discussed the demographics in the various villages and believed a sound policy
could be implemented Citywide. She suggested that Council revisit the notion of a seven -night
stay in residential zones. She questioned when home sharing became a boarding house.
Jim Mosher commented on Recommendation No. 6 to phase out grandfathered properties.
Carmen Rawson discussed her rental properties. She suggested the rules be enforced and the
number of people per room be limited.
Chuck Cortright, Spa Gregories owner, discussed his short term rental property and suggested
a two or three -night minimum.
Debbie Wesseln questioned the reasoning behind the ten -mile limitation for the contact person.
She indicated support for the regulations, but expressed concern with listing phone numbers
and receiving calls that are unrelated to the property.
Shawn Mettha, Airbnb renter on 15th Street, believed the ten -mile limitation was prohibitive
and encouraged allowing a three -night minimum. He agreed with restricting the number of
occupants per bed. He encouraged the City to try to collect the 10% transient occupancy tax
from the rental companies.
City Manager Kiff requested input on limiting the minimum stay to three versus four nights,
limiting the number of persons per bed, requiring contact information be within 10 miles,
annual renewals, grandfathering in 212 properties, and requiring HOA verification letters.
Community Development Director Brandt clarified that the City would need to amend the
certified LCP to modify the grandfathered units.
Council Member Selich stated he had never received a short term lodging complaint, is opposed
to enforcing HOA regulations, and does not see a reason to impose a minimum stay. He further
indicated opposition to home sharing and bedroom limitations. He stated he was not inclined to
support ordinance changes. He suggested receiving industry input on any suggested changes.
Volume 63 - Page 88
City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Council Member Peotter encouraged staff to work with Airbnb to enforce existing regulations.
Mayor Dixon discussed the increase in short term rentals and suggested requiring annual
permit renewals.
In response to Mayor Dixon's question, City Attorney Harp suggested self -verification of HOA
allowance.
Mayor Dixon indicated support for a three-day minimum stay. She suggested phasing out the
grandfathered properties and increasing code enforcement and fines.
Mayor Pro Tem Muldoon suggested encouraging online companies to follow the same rules and
possibly create an incentive program for those that do.
Council Member Selich disagreed that the annual permit would deal with Airbnb. He stated it
would be necessary to confirm that the rentals were permitted. He indicated support for staff's
proposal to hire a company to enforce payment of the transient occupancy tax.
Council Member Petros concurred with Council Member Selich. He believed that the short term
rental process works. He stated he did not support renewal of annual permits and indicated
self -verification was important. He suggested a punitive remedy for habitual offenders and, in
addition, believed homesharing should not be included in the Municipal Code.
Council Member Duffield agreed with Council Member Selich's comments and suggested
conducting additional enforcement.
In response to Mayor Pro Tem Muldoon's question, City Attorney Harp discussed pending
litigation regarding the online companies being responsible for the content on their websites.
Mayor Pro Tem Muldoon suggested self-regulation.
In response to Mayor Dixon's question, City Manager Kiff discussed meetings with Airbnb
regarding tax collection. Community Development Director Brandt discussed concern with the
permit being posted online and the ability to audit.
City Manager Kiff confirmed that Council does not want to make too many changes, except as it
relates to having HOA verification; in five years, to potentially be put on notice that a permittee
may lose its unused permit; and reinforce existing regulations. Community Development
Director Brandt suggested utilizing best practices as it relates to reapplying for unused permits.
III. PUBLIC COMMENTS
Jim Mosher questioned the real estate negotiation to be discussed in Closed Session (Item Q.
Shawn Mettha suggested Airbnb collect the taxes for short term rental properties.
Fran Rahimi, on behalf of Orange County Human Relations, presented the Annual Report.
IV. CLOSED SESSION - 6:08 p.m.
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; Negotiators.
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September 13, 2016
Employee Organizations: Newport Beach Police Association (NBPA).
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 3 matters
Rubendario Cabrera u. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00726252-CU-PO-CJC
Maria Balbuena u. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00724934-CU-PO-CJC
John Lin and Sunny Lin u. ZPizza Stores, City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2014-00754090-CU-PO-CJC
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 20302 Riverside Drive, Newport Beach, CA 92660
Agency Negotiator: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Jon Lewis,
Police Chief and Tom Fischbacher, Newport Beach Police Department Lieutenant
Negotiating Party: Carole Brown Rich and Kathy Leonard
Under Negotiation: Instruct negotiator as to price and terms of payment.
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 Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Curry
VIII. CLOSED SESSION REPORT — None
IX. PLEDGE OF ALLEGIANCE — Council Member Duffield
X. INVOCATION — Jackson La Rue, Member of the Baha'i Faith, accompanied by Mark Teale of
Teale Architecture
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Petros announced the opening of the 161h Street Recreation Center and displayed a
video of the facility.
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Council Member Selich stated the California Coastal Commission approved the final portion of the
City's Local Coastal Program (LCP) and commended staff. He stated the LCP would be certified by the
City Council in October. He stated he attended the final Concert on the Green and announced the
Balboa Island Centennial Celebration on September 18, 2016.
Council Member Peotter announced that the Orange County Mosquito and Vector Control District will
be holding an information meeting on September 21, 2016. He also announced that the Corona del Mar
Residents Association will be holding a meeting to discuss parking on September 14, 2016, at 6 p.m. and
will be holding its candidate forum on September 28, 2016.
Mayor Dixon discussed the Pacific Coast Triathlon. She congratulated staff on the 15th Street / Balboa
Boulevard Revitalization Project. She urged residents to attend the Concerts on the Green and
displayed photographs of the 2016 season. She announced the upcoming Mayor's Town Hall Meeting on
September 19, 2016, at 6:30 p.m., at Marina Park, as well as the upcoming candidate forums. She
announced Digital Saturday at the Central Library on September 24, 2016 and Finding the Meaning in
Art on September 29, 2016.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 9, 2016 Study Session and Regular Meeting [100-2016]
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.
ORDINANCES FOR ADOPTION
Residential Parking Permit Ordinance (Corona del Mar High School Area) - Second
Reading [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2016-15, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Subsection 12.68.060(C) of the Newport Beach
Municipal Code to Establish a Residential Parking Permit Program for Arbutus Street, Aleppo
Street, Alder Place, Almond Place, and Alta Vista Drive between Aleppo Street and Aralia Street.
4. Second Reading of Ordinance No. 2016-11 to Amend the Stakeholder Business Structure
and Annual Assessments Levied for the Newport Beach Restaurant Association Business
Improvement District [100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2016-11, An Ordinance of the City Council of
the City of Newport Beach, California, Amending the Stakeholder Business Structure and
Annual Assessments Levied for the Newport Beach Restaurant Association Business
Improvement District.
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September 13, 2016
RESOLUTIONS FOR ADOPTION
5. Adoption of Resolution No. 2016-109 for the Grant Award from the California Department
of Alcoholic Beverage Control (C-8108-1) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2016-109, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Acceptance of the California Department of Alcoholic Beverage
Control FY 2016-2017 Grant Assistance Program Grant Award and Authorizing the Chief of
Police to Act as `Authorized Agent" to Execute on Behalf of the City Any Actions Necessary to
Secure Payment of and Implement the Grant to Supplement the Police Department's Alcohol
Education and Enforcement Efforts.
CONTRACTS AND AGREEMENTS
15th Street/Balboa Boulevard Rehabilitation - Notice of Completion of Contract No. 6341
(Project No. 15R11) [38/100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (On December 8, 2015, City Council found this project was found to be exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301 and 15303);
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.
8. Zone III Pump Station Variable Frequency Drive (VFD) Replacement — Notice of
Completion of Contract No. 6278 (Project No. 16W16) [38/100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (At the December 8, 2015 meeting, this project was found to be exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15302);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful performance Bond one year after acceptance by the City Council.
9. Ocean Piers - Inspection & Design Services - Approval of Professional Services
Agreement with COWI North America, Inc. (C-8188-1) (171103) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with COWI North America, Inc. (COWI) of Long
Beach, California, for the Ocean Piers - Inspection & Design Services project at a not -to -exceed
price of $200,000.00, and authorize the Mayor and City Clerk to execute the Agreement.
11. Final Tract Map No. 17772 for 81 -Unit Residential Condominium Development Located at
1560 Placentia Avenue (C-8206-1) [38/100-2016]
a) Find that all significant environmental concerns for the proposed project have been addressed in
the previously adopted Ebb Tide Residential Mitigated Negative Declaration
(SCH#2015071007). The final map is within the scope of the previously adopted MND in
accordance with the California Environmental Quality Act (CEQA);
b) Review and approve Final Tract Map No. 17772 located at 1560 Placentia Avenue pursuant to
Section 19.60.010 of the Municipal Code;
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c) Review and approve the Subdivision Agreement for Final Tract No. 17772 pursuant to Section
19.36.010 of the Municipal Code, and authorize the City Manager and City Clerk to execute the
Subdivision Agreement; and
d) Review and approve the required construction securities for Final Tract No. 17772 pursuant to
Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute
and release securities.
12. Approval of Amendment No. One to the Professional Services Agreement with Anchor
QEA, L.P. for On -Call Marine Engineering and Design Services (Contract No. 6111)
[38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One to the current Professional Services Agreement with Anchor
QEA, L.P. for On -Call Marine Engineering and Design Services, add $180,000 to the agreement,
extend the agreement term to March 29, 2018, and authorize the Mayor and City Clerk to
execute the Amendment.
13. Amendment to the Professional Services Agreement with Placeworks, Inc. for the
Preparation of the Environmental Impact Report for the Proposed Museum House
Residential Project Located at 850 San Clemente Drive (PA2015-152) (C-6393) [38/100-
2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and
City Clerk to execute the Agreement.
14. Temporary Employment Agreement — Planner (C-8200-1) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager and City Clerk to execute the Temporary Employment Agreement
with retired employee Kay Sims to temporarily fill the position of a planner.
15. Approve Consent to Assignment and Assumption of Lease for Eastbluff Park Boys' &
Girls' Club of Central Orange Coast (C-8207-1) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly and because it is not a
Project as defined in Section 15378 of the CEQA Guidelines; and
b) Approve and authorize the Mayor to execute the "Landlord Consent to Assignment and
Assumption of Lease by Operation of Law" acknowledging and consenting to the assignment of
the Lease from BCHA to BGCCOC.
16. Lower Sunset View Park Conceptual Design - Approval of Professional Services
Agreement with T.Y. Lin International (C-8020-1) (15T09) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with T.Y. Lin International of San Diego, California,
for the Lower Sunset View Park Conceptual Design at a not -to -exceed price of $125,325.00, and
authorize the Mayor and City Clerk to execute the Agreement.
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MISCELLANEOUS
17. Planning Commission Action Reports and Agendas for the August 18, 2016 Meeting and
September 1, 2016 Meeting [100-20161
Receive and file.
18. Adoption of City's Discrimination and Harassment Prevention Policy [100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2016-111, A Resolution of the City Council of the City of Newport Beach,
California, Amending Resolution No. 2001-100, Adopting a Revised Discrimination and
Harassment Prevention Policy.
Council Member Peotter voted no on this item.
19. Acceptance of 2016/2017 State of California, Office of Traffic Safety DUI Enforcement,
Awareness and Traffic Safety Programs Grant PT1780 (C-8201-1) [38/100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Authorize the City Council to accept a $250,000 Selective Traffic Enforcement Program
("STEP") award granted to the Newport Beach Police Department by the OTS per Council
Policies F-3 and F-25. To comply with Council Policy F-3, City Council must formally accept the
award of $250,000 and create a new appropriation to expend the money; and
c) Approve Budget Amendment No. 17BA-006 increasing Police revenue estimates and
expenditure appropriations by $250,000.
20. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2016/2017 Maintenance and
Operation Budget [100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 17BA-007 to increase revenue estimates by $205,000 in
Account 0106052-511080 (Friends of the Library Donations) and to increase expenditure
estimates by the same amount in Division 0106052 (Friends of the Library) and Division
01060604 (Literacy Services).
21. Acceptance of the Sculpture Sunset into the City Art Inventory [100-20161
a) The City Arts Commission recommends that the City Council accept the work into the City Arts
inventory; and
b) 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.
22. Update on Water Use and Conservation Efforts July 2016 [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
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23. City Hall and Limited Off -Site Holiday Closure (beginning Monday December 26, 2016
through January 2, 2017) [100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve closing City Hall and providing limited services at off-site facilities beginning Monday,
December 26, 2016 through Monday, January 2, 2017 reopening Tuesday, January 3, 2017. The
proposed closure does not apply to public safety and services or emergency on-call functions.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Duffield, to approve the
Consent Calendar, except for the Items removed (6 and 10); and noting the no vote by Council Member
Peotter on Item 18 and the addition of the resolution to Item 18.
City Manager Kiff indicated that he will be recusing himself on Item 11.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
6. Parking Restriction Revision - Vista del Oro and Mar Vista Drive in Corona del Mar High
School Area [100-20161
Public Works Director Webb presented the staff report and explained the process and meeting with
the PTA and Corona del Mar High School. City Manager Kiff discussed the proposed removal of the
three-minute zone. He stated street sweeping would be moved to Monday morning when the high
school has a late start. Public Works Director Webb stated the new parking regulations could begin
September 17, 2016.
City Manager Kiff discussed the need to continue working on a mutually, respectful relationship.
Mayor Pro Tem Muldoon discussed efforts to work with the school and residents.
Michelle Caston discussed her volunteer efforts at Corona del Mar High School and the need to
park. She expressed concerns with the lack of outreach to the students and parents. She presented
a photograph of the school taken in the 1960s in which the additional parking was necessary due to
the increase in student enrollment.
Matthew Beyrooty, ASB President at Corona del Mar High School, discussed parking issues from a
student's perspective. He encouraged Council to support the proposal.
Claire Nakamura discussed restrictions prohibiting carpooling, biking, or taking the bus to school.
She believed that the parking situation was affecting their learning.
Zach Glabman discussed the challenges of parking at school, noted he wakes up extra early in order
to find parking, believed loss of sleep can negatively affect learning, and discussed tardiness due to
parking issues.
Wesley Davies stated he would soon be driving to school and expressed concern with lack of parking.
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Sydney Custer urged Council to find a solution to parking around the school.
Muhun Kang expressed the need for additional parking at the school and encouraged open
communication between the students and residents.
Sam Roth thanked Council for its efforts to resolve the parking issues.
George Adamson expressed appreciation for the City Council working to relieve the parking
situation around the school. He urged Council to proceed with the revisions.
Ruth Kobayashi, PTA member, encouraged Council to appeal the parking restriction around the
loop and work in partnership with all stakeholders.
Lauri Preedge provided statistics on student enrollment and expressed concern regarding parking
restrictions. She urged Council to approve the resolution as presented.
Maura Quist discussed her experience with driving around the school and believed it was safer with
the parking restrictions. She thanked Council for the no parking zones.
Sue Dvorak expressed her support of the City Council's move to restrict parking around Corona del
Mar High School.
Kathryn Kendall encouraged Council to maintain the current parking restrictions.
Trenton Rhodes discussed congestion near the school.
Annie Lindt emphasizsed that the Newport -Mesa Unified School Board regulated parking on
campus and expressed concern about safety.
Debbie O'Connor expressed frustration with the lack of parking at Corona del Mar High School and
suggested allowing parking during school hours.
Max Johnson, ASB Student Body, discussed the need for parking around Corona del Mar High
School. He encouraged changing street sweeping to Monday mornings.
Jane Jones expressed appreciation for the coordinated process and need to come up with a solution.
Maddy Tamburello noted that buses do not stay until after sports practices. She indicated support
for moving street sweeping to Monday.
Ron Rubino believed safety had been improved and indicated support for the proposed compromise.
He encouraged long term planning and on campus parking.
Devon Cohen discussed the need for additional parking.
Bella Canipstra expressed concern with tired driving and safety.
Sabrina Burkholder discussed difficulty parking at the school.
Mayor Pro Tem Muldoon thanked the student body and Speech and Debate team for articulating
the issues. He stated the safest place to park was on campus and encouraged additional on campus
parking.
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City Manager Kiff urged the students to help respect the neighborhood.
Council Member Petros stated he was impressed with the student speakers. He discussed regular
meetings regarding the parking issues and the City's parking code/ requirement to fulfill the
demand onsite. He encouraged the speakers to take their passion to the School Board.
Mayor Dixon expressed pride in the young speakers and encouraged efforts for a solution.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Petros, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines
because it will have no potential to have a significant effect on the environment; b) rescind
Resolution No. 2016-99, A Resolution of the City Council of the City of Newport Beach, California,
Establishing a `No Parking" Area on the North Side of Vista del Oro between Eastbluff Drive and
Mar Vista Drive, and on the West Side of Mar Vista Drive between Domingo Drive and Vista Del
Oro; and c) adopt Resolution No. 2016-110, A Resolution of the City Council of the City of Newport
Beach, California, Prohibiting Parking of Vehicles of the North Side of Vista Del Oro between
Eastbluff Drive and Mar Vista Drive between the Hours of 8:30 a.m. to 3:00 p.m. on Weekdays and
Rescinding Resolution No. 2016-99.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
10. Balboa Peninsula Crosswalk Crossing Study - Approval of Professional Services
Agreement with Albert Grover & Associates (C-8205-1) (17T03) [38/100-20161
Public Works Director Webb presented a PowerPoint presentation, outlining the Balboa Crossing
Study Locations. Traffic Engineer Brine stated public outreach and review of accidents reports
would occur.
Mayor Dixon requested Via Lido be included. Traffic Engineer Brine stated that was being
reviewed separately from the study.
Chris Benson questioned the process for conducting the pedestrian studies. Traffic Engineer Brine
explained data collection. He stated the consultant would determine whether in -ground crossing
lights were appropriate for the area.
Motion by Council Member Petros, seconded by Mayor Dixon, to a) determine that the
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to
the environment, directly or indirectly; and b) approve a Professional Services Agreement with
Albert Grover and Associates of Fullerton, California, for the Balboa Peninsula Crossings Study at a
not -to -exceed price of $83,930.00, and authorize the Mayor and City Clerk to execute the
Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
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September 13, 2016
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Tom Kupfrian and Anna Van Loon Kupfrian addressed Council regarding the memorial bench for Cora
Van Loon. He presented a petition from the surrounding neighbors supporting reinstallation of the
bench.
Lauri Preedge indicated there was an additional petition circulating to relocate the bench. She
expressed concern regarding inappropriate use of the bench during the evening and recommended
installing a plaque near a tree instead.
Stephanie Barrymore and Teri Bassman discussed their goal of creating a walking culture in Corona
del Mar and suggested increased pedestrian access.
City Manager Kiff stated he would follow up with Ms. Barrymore and Ms. Bassman.
Lauri Preedge requested flashing signs around the school zone.
Chris Benson, speaking on behalf of the Finley tract, thanked Mayor Dixon, City Manager Kiff, and
Public Works Director Webb for installing new signage in front of the Finley tract.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros announced the upcoming Finance Committee meeting on September 15, 2016,
in the Newport Coast Conference Room at 4 p.m. to discuss investments.
Council Member Selich acknowledged Community Development Director Brandt and Deputy Director
Wisneski for their work on the Local Coastal Program (LCP).
Mayor Dixon announced that the Balboa Village Advisory Committee (BVAC) will meet on
September 14, 2016, at Marina Park at 4 p.m.
XVIII. PUBLIC HEARING
24. Community Development Block Grant (CDBG) Program Year 2015-2016, Consolidated
Annual Performance and Evaluation Report (CAPER) (C-8209-1) [38/100-20161
Principal Planner Campbell provided the staff report.
Motion by Council Member Petros, seconded by Council Member Selich, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; b) approve the Program Year 2015-2016 CAPER;
and d) direct the City Manager or his designee to submit the Program Year 2015-106 CAPER to the
U.S. Department of Housing and Urban Development (HUD).
Mayor Dixon opened the public hearing. Hearing no testimony, she 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 Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
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City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
XIX. CURRENT BUSINESS
City Manager Kiff indicated staff was available to respond to questions relative to any of the Current
Business items.
25. MacArthur Boulevard Pavement Rehabilitation - Award of Contract No. 5870 (15R27/
Federal Project No. STPL-5151-030) (C-5870) [38/100-2016]
Motion by Council Member Petros, seconded by Council Member Selich, to a) find this
project exempt from the California Environmental Quality Act 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 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; b) approve the project
drawings and specifications; c) award Contract No. 5870 to Hardy & Harper, Inc. for the total bid
price of $1,919,000.00, and authorize the Mayor and City Clerk to execute the contract; d) establish
$192,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work
not included in the original contract; and e) approve Budget Amendment No. 17BA-008
appropriating $35,000.00 from the unappropriated Measure M Fair Share fund balance to Account
No. 12201-980000-15R27 for MacArthur Boulevard Pavement Rehabilitation project.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
26. Big Canyon Restoration and Water Quality Improvement Project - Award of
Construction Contract No. 8111-1 to Environmental Construction, Inc. (15X12) [38/100-
20161
Motion by Council Member Petros, seconded by Council Member Duffield, to a) approve
the project drawings and specifications (On May 10, 2016, City Council adopted Resolution
No. 2016-58, A Resolution of the City Council of the City of Newport Beach adopting Mitigated
Negative Declaration No. ND2016-001 (SCH# 2016031011) for the Big Canyon Habitat Restoration
& Water Quality Improvement Project (PA2016-046), pursuant to California Environmental Quality
Act, State CEQA Guidelines and City Council Policy K-3); b) award Contract No. 8111-1 to ECI for
the total bid price of $1,782,230.00, and authorize the Mayor and City Clerk to execute the contract;
c) establish a ten percent contingency of $178,000 to cover the cost of unforeseen work not included
in the original contract; d) authorize City Manager to execute a Reimbursement Agreement with
Orange County Sanitation District (OCSD) for its contribution of $15,000 to the project on a form
approved by the City Attorney; and e) approve Budget Amendment No. 17BA-009 recognizing a
reimbursement from OCSD in the amount of $15,000 and appropriating $15,000 to Account
No. 13501-980000-15X12 for Big Canyon Restoration project.
In response to Council questions, City Manager Kiff stated this matter was related to the City's
park. Deputy Public Works Director Vukojevic displayed a slide of the Big Canyon Watershed.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
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September 13, 2016
27. Fire Station No. 6 Apparatus Bay Replacement Project - Award of Contract No. 6422-1
(16F11) [38/100-20161
Motion by Council Member Petros, seconded by Council Member Selich, to reject all bids.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
Mayor Dixon introduced Assistant City Clerk Jennifer Nelson.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 8:41 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
September 8, 2016, at 4:00 p.m.
City Clerk
Mayor
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Study Session and Regular Meeting
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23. City Hall and Limited Off -Site Holiday Closure (beginning Monday December 26, 2016
through January 2, 2017) [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve closing City Hall and providing limited services at off-site facilities beginning Monday,
December 26, 2016 through Monday, January 2, 2017 reopening Tuesday, January 3, 2017. The
proposed closure does not apply to public safety and services or emergency on-call functions.
Motion by Mayor Pro Tem Muldoon seconded by Council Member Duffield, to approve the
Consent Calendar, except for the Items removed (6 and 10); and noting the no vote by Council Member
Peotter on Item 18 and the addition of the resolution to Item 18.
City Manager Kiff indicated that he will be recusing himself on Item 11.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
6. Parking Restriction Revision - Vista del Oro and Mar Vista Drive in Corona del Mar High
School Area [100-2016]
Public Works Director Webb presented the staff report and explained the process and meeting with
the PTA and Corona del Mar High School, City Manager Kiff discussed the proposed removal of the
three-minute zone. He stated street sweeping would be moved to Monday morning when the high
school has a late start. Public Works Director Webb stated the new parking regulations could begin
September 17, 2016.
City Manager Kiff discussed the need to continue working on a mutually, respectful relationship.
Mayor Pro Tem Muldoon discussed efforts to work with the school and residents
Michelle Caston discussed her volunteer efforts at Corona del Mar High School and the need to
park. She expressed concerns with the lack of outreach to the students and parents. She presented
a photograph of the school taken in the 1960s in which the additional parking was necessary due to
the increase in student enrollment.
Matthew Beyrooty, ASB President at Corona del Mar High School, discussed parking issues from a
student's perspective. He encouraged Council to support the proposal.
Claire Nakamura discussed restrictions prohibiting carpooling, biking, or taking the bus to school.
She believed that the parking situation was affecting their learning.
Zach Glabman discussed the challenges of parking at school, noted he wakes up extra early in order
to find parking, believed loss of sleep can negatively affect learning, and discussed tardiness due to
parking issues.
Wesley Davies stated he would soon be driving to school and expressed concern with lack of parking
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City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
Sydney Custer urged Council to find a solution to parking around the school.
Muhun Kang expressed the need for additional parking at the school and encouraged open
communication between the students and residents.
Sam Roth thanked Council for its efforts to resolve the parking issues.
George Adamson expressed appreciation for the City Council working to relieve the parking
situation around the school. He urged Council to proceed with the revisions.
Ruth Kobayashi, PTA member, encouraged Council to appeal the parking restriction around the
loop and work in partnership with all stakeholders.
Lauri Preedge provided statistics on student enrollment and expressed concern regarding parking
restrictions. She urged Council to approve the resolution as presented.
Maura Quist discussed her experience with driving around the school and believed it was safer with
the parking restrictions. She thanked Council for the no parking zones.
Sue Dvorak expressed her support of the City Council's move to restrict parking around Corona del
Mar High School.
Kathryn Kendall encouraged Council to maintain the current parking restrictions.
Trenton Rhodes discussed congestion near the school.
Annie Lindt emphasizsed that the Newport -Mesa Unified School Board regulated parking on
campus and expressed concern about safety.
Debbie O'Connor expressed frustration with the lack of parking at Corona del Mar High School and
suggested allowing parking during school hours.
Max Johnson, ASB Student Body, discussed the need for parking around Corona del Mar High
School. He encouraged changing street sweeping to Monday mornings.
Jane Jones expressed appreciation for the coordinated process and need to come up with a solution.
Maddy Tamburello noted that buses do not stay until after sports practices. She indicated support
for moving street sweeping to Monday.
Ron Rubino believed safety had been improved and indicated support for the proposed compromise.
He encouraged long term planning and on campus parking.
Devon Cohen discussed the need for additional parking.
Bella Canipstra expressed concern with tired driving and safety.
Sabrina Burkholder discussed difficulty parking at the school.
Mayor Pro Tem Muldoon thanked the student body and Speech and Debate team for articulating
the issues. He stated the safest place to park was on campus and encouraged additional on campus
parking.
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City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
City Manager Kiff urged the students to help respect the neighborhood
Council Member Petros stated he was impressed with the student speakers. He discussed regular
meetings regarding the parking issues and the City's parking code/ requirement to fulfill the
demand onsite. He encouraged the speakers to take their passion to the School Board.
Mayor Dixon expressed pride in the young speakers and encouraged efforts for a solution.
Motion by Mayor Pro Tem Muldoon seconded by Council Member Petros, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) of the CEQA Guidelines
because it will have no potential to have a significant effect on the environment; b) rescind
Resolution No. 2016-99, A Resolution of the City Council of the City of Newport Beach, California,
Establishing a `No Parking" Area on the North Side of Vista del Oro between Eastbluff Drive and
Mar Vista Drive, and on the West Side of Mar Vista Drive between Domingo Drive and Vista Del
Oro; and c) adopt Resolution No. 2016.110, A Resolution of the City Council of the City of Newport
Beach, California, Prohibiting Parking of Vehicles of the North Side of Vista Del Oro between
Eastbluff Drive and Mar Vista Drive between the Hours of 8:30 a.m. to 3:00 p.m. on Weekdays and
Rescinding Resolution No. 2016-99.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
10. Balboa Peninsula Crosswalk Crossing Study - Approval of Professional Services
Agreement with Albert Grover & Associates (C-8205-1) (17T03)1381100-20161
Public Works Director Webb presented a PowerPoint presentation, outlining the Balboa Crossing
Study Locations. Traffic Engineer Brine stated public outreach and review of accidents reports
would occur.
Mayor Dixon requested Via Lido be included. Traffic Engineer Brine stated that was being
reviewed separately from the study.
Chris Benson questioned the process for conducting the pedestrian studies. Traffic Engineer Brine
explained data collection. He stated the consultant would determine whether in -ground crossing
lights were appropriate for the area.
Motion by Council Member Petros seconded by Mayor Dixon, to a) determine that the
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to
the environment, directly or indirectly; and b) approve a Professional Services Agreement with
Albert Grover and Associates of Fullerton, California, for the Balboa Peninsula Crossings Study at a
not -to -exceed price of $83,930.00, and authorize the Mayor and City Clerk to execute the
Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
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City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Tom Kupfrian and Anna Van Loon Kupfrian addressed Council regarding the memorial bench for Cora
Van Loon. He presented a petition from the surrounding neighbors supporting reinstallation of the
bench.
Lauri Preedge indicated there was an additional petition circulating to relocate the bench. She
expressed concern regarding inappropriate use of the bench during the evening and recommended
installing a plaque near a tree instead.
Stephanie Barrymore and Teri Bassman discussed their goal of creating a walking culture in Corona
del Mar and suggested increased pedestrian access.
City Manager Kiff stated he would follow up with Ms. Barrymore and Ms. Bassman.
Lauri Preedge requested flashing signs around the school zone.
Chris Benson, speaking on behalf of the Finley tract, thanked Mayor Dixon, City Manager Kiff, and
Public Works Director Webb for installing new signage in front of the Finley tract.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros announced the upcoming Finance Committee meeting on September 15, 2016,
in the Newport Coast Conference Room at 4 p.m. to discuss investments.
Council Member Selich acknowledged Community Development Director Brandt and Deputy Director
Wisneski for their work on the Local Coastal Program (LCP).
Mayor Dixon announced that the Balboa Village Advisory Committee (BVAC) will meet on
September 14, 2016, at Marina Park at 4 p.m.
XVIII. PUBLIC HEARING
24. Community Development Block Grant (CDBG) Program Year 2015-2016, Consolidated
Annual Performance and Evaluation Report (CAPER) (C-8209-2) [381100-2016]
Principal Planner Campbell provided the staff report
Motion by Council Member Petros seconded by Council Member Selich, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; b) approve the Program Year 2015-2016 CAPER;
and d) direct the City Manager or his designee to submit the Program Year 2015-106 CAPER to the
U.S. Department of Housing and Urban Development (HUD).
Mayor Dixon opened the public hearing. Hearing no testimony, she 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 Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
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City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
XIX. CURRENT BUSINESS
City Manager Kiff indicated staff was available to respond to questions relative to any of the Current
Business items.
25. MacArthur Boulevard Pavement Rehabilitation - Award of Contract No. 5870 (15R27/
Federal Project No. STPL-5151-030) (C-5870) [381100-20161
Motion by Council Member Petros seconded by Council Member Selich, to a) find this
project exempt from the California Environmental Quality Act 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 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; b) approve the project
drawings and specifications; c) award Contract No. 5870 to Hardy & Harper, Inc. for the total bid
price of $1,919,000.00, and authorize the Mayor and City Clerk to execute the contract; d) establish
$192,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work
not included in the original contract; and e) approve Budget Amendment No. 17BA-008
appropriating $35,000.00 from the unappropriated Measure M Fair Share fund balance to Account
No. 12201-980000-15R27 for MacArthur Boulevard Pavement Rehabilitation project.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
26. Big Canyon Restoration and Water Quality Improvement Project - Award of
Construction Contract No. 8111-1 to Environmental Construction, Inc. (15X12) [381100-
20161
Motion by Council Member Petros seconded by Council Member Duffield, to a) approve
the project drawings and specifications (On May 10, 2016, City Council adopted Resolution
No. 2016-58, A Resolution of the City Council of the City of Newport Beach adopting Mitigated
Negative Declaration No. ND2016-001 (SCH# 2016031011) for the Big Canyon Habitat Restoration
& Water Quality Improvement Project (PA2016-046), pursuant to California Environmental Quality
Act, State CEQA Guidelines and City Council Policy K-3); b) award Contract No. 8111-1 to ECI for
the total bid price of $1,782,230.00, and authorize the Mayor and City Clerk to execute the contract;
c) establish a ten percent contingency of $178,000 to cover the cost of unforeseen work not included
in the original contract; d) authorize City Manager to execute a Reimbursement Agreement with
Orange County Sanitation District (OCSD) for its contribution of $15,000 to the project on a form
approved by the City Attorney; and e) approve Budget Amendment No. 17BA-009 recognizing a
reimbursement from OCSD in the amount of $15,000 and appropriating $15,000 to Account
No. 13501-980000-15X12 for Big Canyon Restoration project.
In response to Council questions, City Manager Kiff stated this matter was related to the City's
park. Deputy Public Works Director Vukojevic displayed a slide of the Big Canyon Watershed.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
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City of Newport Beach
Study Session and Regular Meeting
September 13, 2016
27. Fire Station No. 6 Apparatus Bay Replacement Project - Award of Contract No. 6422-1
(16F11) [381100-20161
Motion by Council Member Petros seconded by Council Member Selich, to reject all bids.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Curry
Mayor Dixon introduced Assistant City Clerk Jennifer Nelson.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 8:41 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
September 8, 2016, at 4:00 p.m.
CGW`C"'"-p F�Vr►i_
City Clerk
Yayo�r
Volume 63 - Page 100