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HomeMy WebLinkAbout05/22/2018 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting May 22, 2018 I. ROLL CALL - 5:36 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield H. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Public Works Week Proclamation Public Works Director Webb expressed his gratitude to Public Works and Municipal Operations staff and discussed the importance of public works in our lives. Mayor Duffield read and presented the proclamation to Public Works Director Webb. SS3. Orange County Human Relations Annual Report Minzah Malik and James McQueen, Orange County Human Relations Board Members, provided the annual report, discussed their program and goals, and highlighted the programming that occurred in the City. They presented a certificate to Mayor Duffield for the City's continued support. SS4. Wireless Telecommunications Antennas on Streetlight Poles Council Member Muldoon recused himself on Item SS4 due to business interest conflicts. Real Property Administrator Whitlinger displayed a PowerPoint presentation to discuss the categories of cell towers, macro/micro and small cell installations, the purpose of small cell technology and how it is utilized, and displayed a representation of cell coverage in the City. She reported on City -owned streetlight poles, noted that Verizon, Mobilitie (Sprint) and AT&T are interested in installing small cell sites on City -owned streetlights, displayed typical installations by each of the carriers, provided a regulatory update, highlighted City Council Policy L-23 (The Siting of Wireless Telecommunications Equipment on City -Owned Land), reviewed how cell installation is handled, highlighted the telecommunications review process and rates, indicated small cell site fees are being restudied, and discussed next steps for small cell site installations. Judy Woolen and Dan Vozenilek, representing AT&T, Leslie Daigle, representing Verizon, and Barbara Breeden, representing Mobilitie (Sprint), thanked staff for all their work and discussed the benefits of their small cell site installation design. In response to City Council questions, Community Development Director Jurjis, Deputy Community Development Director Campbell, and Real Property Administrator Whitlinger reported that the same appraiser will reevaluate the small cell site rates, a master license agreement includes equipment size restrictions and could include reasonable aesthetic/design standards, confirmed that the City would be negotiating with three carriers who will not be competing for streetlight poles since the City has over 7,000 streetlights, indicated the use of a master license agreement is desirable but each carrier has different needs, and the City has reached out to other agencies to see how they are handling this issue and basing their fee Volume 63 - Page 513 City of Newport Beach Study Session and Regular Meeting May 22, 2018 schedules, discussed the hearing process through the Zoning Administrator, indicated the use of small cell sites is the carriers' solution to not having macro cell sites in residential areas, and reported that changing the permit process would require an amendment to the Newport Beach Municipal Code and possibly involve the California Coastal Commission. Council Member Dixon discussed the need for better cellular coverage throughout the City and asked staff to see if the process can be simplified. Mayor Pro Tem O'Neill indicated residents in the Spyglass and Newport Coast areas are looking forward to better cellular coverage, reiterated that the use of small cell sites may eliminate some of the need for macro cell sites, and encouraged staff to move forward. In response to Cora Lee Newman's questions, Real Property Administrator Whitlinger and Civil Engineer Keely indicated the carriers are not competing for territories since they will pick streetlight poles based on coverage gaps and noted that they have not seen co -location proposals for small cell sites. Jim Mosher discussed options for the small cell site designs and believed the current design is based on the cost to the carrier and not what benefits the community, asked how a master license agreement fits with the zoning code, inquired about the public process since some of the locations may impede views, and suggested revising City Council Policy L-23. III. PUBLIC COMMENTS Referencing Closed Session Item IV.B, Jim Mosher took issue that there is no explanation relative to the litigation, voiced his opinion that this is not compliant with City Council Policy A-1 and the Brown Act, and believed it is not a good practice to meet on something that has not been disclosed. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda. IV. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters 1. Orange County Catholic Worker, et al. u. Orange County, et al. Cross-complaint by City of Santa Ana against County of Orange, et al. United States District Court, Central District, Case No. SA CV 18 -0155 -DOC (JDE) Volume 63 - Page 514 City of Newport Beach Study Session and Regular Meeting May 22, 2018 2. Ashley Lauren Watts v. City of Newport Beach United States District Court, Central District, Case No. 8:17-cv-01099-AG-SK V. RECESSED - 6:27 p.m. VI. RECONVENED AT 7:04 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Council Member Muldoon X. PLEDGE OF ALLEGIANCE - Council Member Herdman XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITE Council Member Peotter • Attended the California Coastal Commission meeting to inform them that the City has reconsidered its support of the Port Master Plan Council Member Dixon: • Attended the grand opening celebration of the Lido House Hotel and the Field of Honor Ceremony • Announced the Balboa Peninsula trolley service (newportbeachca.gov/trolley) • Principal Engineer Sommers discussed the Balboa Peninsula crosswalk project (newportbeachca. gov/balboacrossings) Council Member Herdman: • Requested a future agenda item regarding the Beacon Bay ground lease restructure • Attended the Field of Honor Ceremony • Commended staff on the crosswalk and curb painting improvements on Balboa Island • Announced meetings he and Council Members Muldoon and Dixon are participating in to assist with John Wayne Airport (JWA) issues Council Member Muldoon: • Encouraged everyone to visit the Field of Honor at Castaways Park and thanked all veterans Mayor Pro Tem O'Neill: • Attended the Newport Coast Elementary School PTA Honorary Services Awards, Books and Bunnies, and the Newport -Mesa Pro Literacy event • Announced the Newport Harbor High School Memorial Day Ceremony on May 25, 2018, Chamber of Commerce Athletic Awards on May 30, 2018, Corona del Mar 5K on June 2, 2018, and the Balboa Island Parade on June 3, 2018 • Encouraged everyone to vote on June 5, 2018 Mayor Duffield: • Spoke at the Corona del Mar Residents Association Meeting • Attended the Citizens Police Academy graduation, Balboa Yacht Club opening day, the Balboa Island Art Walk and presented the Mayor's Choice Award, and the Field of Honor Ceremony • Participated on a Leadership Tomorrow panel Volume 63 - Page 515 City of Newport Beach Study Session and Regular Meeting May 22, 2018 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of placing a charter amendment on the November ballot that would provide for voter -approval of certain debt, such as Certificates of Participation (Peotter) The City Council concurred to place the matter on a future agenda, with Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, and Mayor Duffield supporting the item. Consideration of reorganizing the Finance Committee to be a 7 -member all citizens committee (versus one with 3 Council Members and 4 citizens), starting July 1, 2018 (Peotter) The City Council concurred to place the matter on a future agenda, with Council Members Peotter, Mayor Pro Tem O'Neill, and Mayor Duffield supporting the item. • Consideration of sending a letter in support of HR 5724 relating to recovery facilities, the Affordable Care Act, and more (Peotter) The City Council concurred to place the matter on a future agenda, with Council Member Dixon, Council Member Peotter, and Mayor Duffield supporting the item. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher noted that some of the staff reports for Municipal Operations (Items 12 and 13) are already coming from the Public Works Department, even though the ordinance/reorganization has not been adopted (Item 4). XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 8, 2018 City Council Meeting [100-2018] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCES FOR INTRODUCTION 3. Council Policy Manual Update: H-1 Harbor Permit Policy [100-2018] 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) Adopt Resolution No. 2018-24, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policy H-1; and c) Introduce Ordinance No. 2018-5, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 17.35 Relating to the Prohibition of Piers and Floats in Certain Areas of Newport Harbor, and pass to second reading on June 12, 2018. Mayor Duffield, recused himself on. Item 3 due to business interest conflicts. Volume 63 - Page 516 City of Newport Beach Study Session and Regular Meeting May 22, 2018 4. Proposed Re -organizations of the Public Works Department, Municipal Operations Department, Creation of a Utilities Department [100-2018] 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) Introduce Ordinance No. 2018-6, An Ordinance of the City Council of the City of Newport Beach, California, Abolishing the Municipal Operations Department, Adding the Former General Services Division to the Public Works Department as the Municipal Operations Division, and Creating the Utilities Department, and pass to second reading on June 12, 2018; and c) Adopt Resolution No. 2018-25, A Resolution of the City Council of the City of Newport Beach, California, Creating Positions and Amending and Establishing Position Classifications and Salary Ranges for the Public Works Department and Utilities Department. 5. Pulled from the Consent Calendar RESOLUTIONS FOR ADOPTION 6. Pulled from the Consent Calendar 7. Pulled from the Consent Calendar 8. Resolution Authorizing the Submittal an Application for the WaterSMART: Water and Energy Efficiency Grant for 2018 (C-8553-1) [38/100-2018] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-29, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of an Application for the WaterSMART.• Water and Energy Efficiency Grant for 2018 for the City's Advanced Meter Infrastructure Solution Project. Council Member Muldoon recused himself on Item 8 due to business interest conflicts. 9. Debt Management Policy F-6 Revisions [100-2018] 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. 2018-30, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-6, Debt Management Policy. CONTRACTS AND AGREEMENTS 10. Balboa Island Water Main Replacement Phase I — Notice of Completion of Contract No. 7173-1 (Project No. 16W11) [38/100-2018] a) On November 28, 2017, City Council found this project exempt from the California Environmental Quality Act) pursuant to Sections 15302 (replacement of existing facilities involving negligible expansion of capacity); b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; c) 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 d) Release the Faithful Performance Bond one year after the acceptance by the City Council. Council Member Herdman recused himself on Item 10 due to real property interest conflicts. Volume 63 - Page 517 City of Newport Beach Study Session and Regular Meeting May 22, 2018 11. Bayview Heights Drainage Project - Award of Contract No. 7109-1 (15X11) [381100-2018] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15333 (Small Habitat Restoration Projects) and Section 15304 (Class 4 Minor Alterations to Land) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 7109-1 to Jeremy Harris Construction for the total bid amount of $313,874.70, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $31,300.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 18BA-038 transferring $77,000.00 from project savings from Account No. 10001-980000-15H19 (Tidegate Retrofit Project) to Account No. 10001-980000- 15X11 for the Bayview Heights Drainage Project. 12. Agreement for the Purchase of One Freightliner Compressed Natural Gas Fueled (CNG) 3 -Axle Dump Truck (C-8045-3) [38/100-2018] 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 an agreement for the purchase of one Freightliner CNG -powered 3 -Axle Dump Truck from Los Angeles Truck Centers, LLC DBA Los Angeles Freightliner for a total cost of $228,090.04, and authorize the Mayor and City Clerk to execute the agreement. 13. Agreement for the Purchase of a 2018 Rockland MFG Beach King (C-8046-1) [381100-2018] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve an agreement for the purchase of one 2018 Rockland MFG Beach King from RDO Equipment Co. for a total cost of $148,695.00, and authorize the Mayor and City Clerk to execute the agreement. 14. Tentative Agreement with Lifeguard Management Association (LMA) (C -2058(B)) [381100- 2018] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and consider the Tentative Agreement between the City of Newport Beach and the Lifeguard Management Association. 15. Pulled from the Consent Calendar MISCELLANEOUS 16. Planning Commission Agenda for May 17, 2018 Receive and file. 17. Set Public Hearing Date to Adopt Fiscal Year 2018-2019 Budget [100-2018] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2018-2019 on June 12, 2018, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. 18. Confirm Appointment to Balboa Village Advisory Committee to Represent the Discover Cube's Ocean Quest [241100-2018] Volume 63 - Page 518 City of Newport Beach Study Session and Regular Meeting May 22, 2018 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm the Mayor's BVAC appointment of Colleen D'Aluisio to represent Discovery Cube's Ocean Quest for the term that expires on December 31, 2018. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to approve the Consent Calendar, except for the items removed (Items 5, 6, 7 and 15); and noting the recusal by Mayor Duffield on Item 3, recusal by Council Member Muldoon on Item 8, and recusal by Council Member Herdman on Item 10. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 5. Proposed Creation of a Harbor Department [100-20181 Mayor Duffield recused himself due to business interest conflicts. In response to City Council questions, City Manager Kiff indicated that discussion and consideration of the proposed Harbor Department could be brought back at the next meeting during the study session and regular meeting, and still meet the budget deadline. Motion by Council Member Avery, seconded by Council Member Dixon, to continue the item to the next study session and regular meeting. The City Council discussed the importance of having more public input, requested more information about the staffing implications of the new Harbor Department, and suggested having Harbormaster Durgan in attendance at the next meeting. Amended motion by Council Member Avery, seconded by Council Member 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 d) introduce amended Ordinance No. 2018-8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 2.12.010, 2.12.080, and 2.12.100, of Chapter 2.12 of Title 2 of the Newport Beach Municipal Code, Pertaining to the Utilities Department and Public Works Department, and pass to second reading on June 12, 2018. The amended motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Recused: Mayor Duffield 6. Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District (BID) and Levy Assessments in Fiscal Year 2018-2019 (Resolution No. 2018-27); and Approve Funding Support Through Fiscal Year 2020-2021 [100-2018] Mayor Duffield recused himself due to business interest and source of income conflicts. Volume 63 - Page 519 City of Newport Beach Study Session and Regular Meeting May 22, 2018 In response to City Council questions, Deputy City Manager Finnigan and Administrative Analyst Locey utilized a PowerPoint presentation to highlight the 1989 and 1994 BID laws, the different City BIDs, the participation level of the BIDs, and changes since 2013. Discussion also ensued relative to the rate of assessment collection. City Manager Kiff recommended changing the City's funding commitment for both Items 6 and 7 to one fiscal year. Council Member Dixon believed the 1994 BID law would create value for the BID members and encouraged the Newport Beach Restaurant Association BID and Corona del Mar BID to see what other BIDs are doing, and discussed advantages of the newer law. Motion by Council Member Dixon, seconded by Council Member Herdman, 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 Newport Beach Restaurant Association Business Improvement District's Fiscal Year 2017-2018 Annual Report and its Proposed Fiscal Year 2018-2019 Budget; c) adopt Resolution No. 2018-27, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2018 to June 30, 2019, and Fix the Time and Place of a Public Hearing for June 12, 2018; d) approve a one-year commitment of City funding support to the Newport Beach Restaurant Association Business Improvement District through fiscal year 2018-2019 and work towards transitioning into the 1994 BID law. Mayor Pro Tem O'Neill indicated that he agreed with the current motion and would like to add that, during the fiscal year, the 1994 BID law model needs to be transitioned into and, if the Newport Beach Restaurant Association Business Improvement District does not move to the 1994 BID law model, the $40,000 will need to be repaid to the City and no further funding support will be provided by the City. Gary Sherwin, President of Newport Beach & Company, noted they do the contract marketing work for the Newport Beach Restaurant Association BID. He believed the BID members are seeing value in being a member; however, discussed the potential implications of the November 2018 Tax Fairness, Transparency and Accountability Act ballot measure and explained the reason for possibly being interested in moving to the 1994 BID law model before November. He requested a one-year extension. Jim Mosher took issue with the residents providing $40,000 to each of the BIDs and believed any City support should be paid through the BID assessments. Council Member Dixon believed the $40,000 assists the City through enhanced sales tax and business activity. Jordan Otterbein, President of the Newport Beach Restaurant Association BID, reviewed the BID's initiatives and believed the current model works. Substitute motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to continue the item to next City Council meeting. Mayor Pro Tem O'Neill encouraged the Newport Beach Restaurant Association BID Board to discuss and consider the issues that were raised at this meeting. The substitute motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill Recused: Mayor Duffield Volume 63 - Page 520 City of Newport Beach Study Session and Regular Meeting May 22, 2018 7. Resolution of Intention to Renew the Corona del Mar Business Improvement District (BID); Levy Assessments in Fiscal Year 2018-2019 (Resolution No. 2018-28); and Approve Funding Support Through Fiscal Year 2020-2021 [100-20181 Mayor Pro Tem O'Neill indicated he has the same concerns as mentioned during Item 6. Bernie Svalstad, Chair of the Corona del Mar BID, expressed concerns about the business vacancy rate in Corona del Mar, believed the Corona del Mar BID will disband if it was required to follow the 1994 BID law, and discussed advantages to having the BID and the amount of revenue it generates. In response to City Council questions, Administrative Analyst Locey speculated that about 30% of the 380 Corona del Mar BID members do not pay their assessment. She reported that penalties were waived a few years ago and the City has never sent any of the members to collection. Mr. Svalstad noted the City's funding support has decreased over the years and described his efforts to get the members involved. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to continue item to the next City Council meeting. Mayor Pro Tem O'Neill encouraged the Corona del Mar BID Board to discuss and consider the issues that were raised at this meeting. Council Member Dixon noted the November 2018 ballot measure may not allow the BID to remain in its current structure. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Noes: Council Member Peotter 15. Airport Consulting - Contract with Tom Edwards (C-7071-2) [38/100-20181 Council Member Muldoon thanked Mr. Edwards for his work, but indicated the City may need someone else to assist it to achieve its airport goals. He suggested suspending Mr. Edwards' contract during the duration if this happens. Motion by Council Member Muldoon, seconded by Mayor Pro Tem O'Neill, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) authorize the Mayor to sign Amendment No. One to Professional Services Agreement with Thomas Cole Edwards, Inc. Jim Mosher expressed concern for how airport efforts are identified in the budget. City Manager Kiff indicated he will point it out during the next budget discussion. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XVII. PUBLIC COMMENTS ON NON AGENDA ITEMS Jim Mosher discussed the City Manager recruitment, requested to see the Roberts Consulting Group, Inc. contract, asked about the online survey, and questioned if the City Council will inform the public and the consultant about what it is looking for in the next City Manager. Volume 63 - Page 521 City of Newport Beach Study Session and Regular Meeting May 22, 2018 Unidentified speaker noted May 25, 2018 is National Poppy Day, encouraged people to vote on June 5, 2018, and discussed sober living facility issues. Luke Dru, President of the Cliff Haven Community Association, noted the story poles along part of Mariner's Mile and expressed concern about the proposed size of the project. City Manager Kiff discussed the reasons for the story poles and reported the City does not have a formal project application from the landowner. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX. CURRENT BUSINESS 19. Traffic Signal Maintenance and Repair Agreement — Approval of Maintenance / Repair Services Agreement with Siemens, Inc. (C-8554-1) [38/100-2018] Utilizing a PowerPoint presentation, Deputy Public Works Director Vukojevic and Principal Engineer Sommers reported the agreement covers traffic signals, enhanced pedestrian crossings, and radar speed signs, highlighted the various types of traffic signal maintenance covered by the agreement, and reviewed the proposal process. Motion by Council Member Peotter, seconded by Mayor Pro Tem O'Neill, 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 a Professional Services Agreement with Siemens, Inc. of Anaheim, for maintenance and repair of the City's traffic signal system for a not to exceed fee of $500,000.00 per year. The initial term of the Agreement shall be for one year with the option to extend the agreement for an additional four years; and c) authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XXI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - 8:24 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 17, 2018, at 4:00 p.m. Marshall "Duffy" Duffield Mayor Leilani I. Brown City Clerk Volume 63 - Page 522