HomeMy WebLinkAbout10/11/2016 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 11, 2016
I. ROLL CALL - 6:00 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Excused: Mayor Pro Tem Muldoon
H. PUBLIC COMMENTS
Jim Mosher took issue that there was no study session and the lack of items on the regular agenda. He
suggested study sessions for the following topics to be discussed: 1) Southern California Gas Company
advanced meter street light antennae deployment; 2) formulating a policy for public disclosure of
contributions and private communications prior to making decisions; and 3) the future of Newport
Coast. He discussed a candidate forum and the policy regarding interference with administrative
service, and indicated the lack of agenda items gave the perception of a lack of transparency on behalf of
Council and City staff.
City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss
the item as listed in the Closed Session agenda and read the title.
III. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Richard Vos and Jenelle Bernacchi u. City of Newport Beach, et al.
United States District Court Case No. CV 6:15-768 JCG
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
IV. RECESS - 6:04 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Excused: Mayor Pro Tem Muldoon
VII. CLOSED SESSION REPORT - None
VIII. PLEDGE OF ALLEGIANCE - Council Member Duffield
IX. INVOCATION - Rev. Fernando Tamara, Orange County First Assembly of God
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Regular Meeting
October 11, 2016
X. PRESENTATIONS
Friends of OASIS Update
John Carroll, Friends of OASIS President, commended the City's administrative staff and discussed the
vanpool program, use of student volunteers, need to purchase new chairs, their pancake breakfast,
event subsidies, and fundraising. He encouraged Council to visit the senior center.
Mayor Dixon thanked Mr. Carroll, and recognized Friends of OASIS in attendance, Senior Services
Manager Jardine -Haug, and Recreation and Senior Services Director Detweiler.
Recognition of 1025 W. Balboa Boulevard Cleanup
Community Development Director Brandt explained the creative clean-up efforts that took place on
September 17 at 1025 W. Boulevard that was spearheaded by Code Enforcement Officer John Murray
and a group of volunteers from St. Andrews Presbyterian Church, led by Dan Wendell.
Mayor Dixon thanked those involved and presented Certificates of Recognition.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Curry stated he represented the City at the League of California Cities (LCC)
Conference and the Long Beach Innovation Summit. He announced he attended the Newport Beach
Food and Wine Festival and the Crystal Cove Annual Gala.
Mayor Dixon discussed the recent Fire and Lifeguard Appreciation Dinner held on September 29, 2016.
She announced the Art in the Park event on October 15, 2016, the Half -Century Aerial Photography
Retrospect Exhibit in the Central Library, the Annual Senior Resources Expo and Taste of OASIS on
October 22, 2016, and the upcoming document shredding event on November 4, 2016.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Duffield discussed Item 6 (Dredging Contract) and the competitive bidding process. He
emphasized the importance of proceeding with the dredging and the need to look for alternative
processes.
Mayor Dixon requested consideration of a Council Policy for special recognitions, such as Item 3 (Vin
Scully Day). Referencing Item 10 (Appointments to the Balboa Village Advisory Committee), she
believed the resolution needed to be revised to change ExplorOcean to Ocean Quest.
Regarding Item 8 (Planning Commission Agenda), Jim Mosher discussed the actions taken at the
Planning Commission meeting.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 27, 2016 Closed Session and Regular Meeting [100-2016)
Waive reading of subject minutes, approve as amended, and order filed.
Council Member Curry abstained on Item 1 since he was not in attendance.
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Regular Meeting
October 11, 2016
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
RESOLUTION FOR ADOPTION
3. Vin Scully Day [100-2016]
a) Waive City Council Policy A-6 relating to how a City Council Member may place an item on the
regular City Council Meeting Agenda; if waived:
b) Adopt Resolution No. 2016-115, A Resolution of the City Council of the City of Newport Beach,
California, Recognizing October 11 as Vin Scully Day; and
c) Determine that the adoption of Resolution No. 2016-115 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.
CONTRACTS AND AGREEMENTS
4. Traffic Signal Modernization Project - Phase 8 Notice of Completion for Contract C-6079
(Project No. 15T11) [38/100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (September 8, 2015, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301);
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 the acceptance by the City Council.
5. Newport Boulevard Widening from 30th Street to Via Lido - Notice of Completion for
Contract No. 4881 (Project No. 15R17) [38/100-2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (In accordance with the California Environmental Quality Act (CEQA) guidelines, a
Mitigated Negative Declaration was prepared, circulated for review, and adopted by City
Council on October 28, 2014);
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 the acceptance by the City Council.
6. Grand Canal Dredging Project - Phase 1 of 3 Planned Permitted Projects - Award of
Contract No. 8171-1 (161112) [38/100-2016]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 4 Section 15304 (g) (Maintenance dredging where the spoil is deposited in a spoil area
authorized by all applicable state and federal regulatory agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 8171-1 to Associated Pacific Constructors, Inc. (APC) for the total bid price
of $397,000.00, and authorize the Mayor and City Clerk to execute the contract;
d) Establish $38,000.00, 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-012 appropriating $84,000.00 from the unappropriated
Tidelands Capital fund balance to Account No. 10101-980000-161112 for Grand Canal Dredging
Project - Phase 1 project.
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Regular Meeting
October 11, 2016
7. Grant of Easement from Big Canyon Country Club for Big Canyon Creek Bypass Pipe
(C-5810) [38/100-2016]
Approve Big Canyon Country Club Grant of Easement (Attachments Al and A2) needed to
construct a bypass line for Big Canyon Creek as part of the Big Canyon Habitat Restoration and
Water Quality Improvement Project, and authorize the Mayor and City Clerk to execute the Grant
of Easement. (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.)
MISCELLANEOUS
8. Planning Commission Agendas for the October 6, 2016 Regular Meeting [100-2016]
Receive and file.
9. Budget Amendment to Accept a Check in the Amount of $18,000 from the California State
Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year
2016/2017 Maintenance and Operation Budget [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 Budget Amendment No. 17BA-013 to increase revenue estimates by $18,000 in account
01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the
same amount in Division 01060604-711003 (Literacy Services).
10. Confirm Appointments to the Balboa Village Advisory Committee to Represent the
Balboa Village Merchants Association and ExplorOcean [24/100-2016]
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) Confirm the Mayor's BVAC appointments of Marcel Ford to represent the Balboa Village
Merchants Association (BVMA) and Mike Wheeler to represent ExplorOcean for terms that
expire on December 31, 2016.
Motion by Council Member Peotter, seconded by Council Member Selich, to approve the
Consent Calendar; and noting the abstention by Council Member Curry on Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Dixon
Absent: Mayor Pro Tem Muldoon
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher discussed Ballot Measure MM and asked why 5 of 7 votes were required. City Attorney
Harp clarified that only 5 votes of the City Council were necessary.
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October 11, 2016
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Petros announced the upcoming Finance Committee meeting on October 13, 2016 at
4:00 p.m. in the Newport Coast Conference Room, at which unfunded liability would be discussed.
XVIII. CURRENT BUSINESS
11. Purchase and Sale Agreement with LAB Holding, LLC for the Balboa Theater Property,
Located at 707 E. Balboa Boulevard (C-8004-2) [38/100-20161
Deputy Community Development Director Jurjis provided the staff report.
Shaheen Sadeghi, President of LAB Holding LLC, presented a PowerPoint presentation depicting
their desire for preservation, previous projects and examples of restoration, and programming and
leasing with local operators.
Sean Fitzgerald, Discovery Science Center/Discovery Cube's Ocean Quest, expressed support for the
agreement.
Jim Mosher questioned the process regarding the City purchasing the property back. Community
Development Director Brandt stated the selling price would be negotiable. City Attorney Harp
stated "fair market value" would be included in the agreement.
Council Member Selich discussed his participation in the interviewing and selecting of LAB
Holding, and indicated his support for the recommended action.
Motion by Council Member Selich, seconded by Council Member Curry, to a) find the
execution of a purchase and sale agreement is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; and
b) authorize the City Manager to execute a purchase and sale agreement, in a form substantially
similar to the agreement in the staff report, and all associated documents with LAB Holding, LLC
to sell the property at 707-709 E. Balboa Boulevard for a price of $1,000,000.
Council Member Petros expressed support for the proposal and discussed other revitalization
projects.
Council Member Curry expressed support for the proposed revitalization.
Mayor Dixon concurred with the other Council Members and discussed the importance of
revitalization.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Absent: Mayor Pro Tem Muldoon
12. Police Headquarters and Fire Station No. 3 Roofing Project - Award of Contract No. 8211-
1 (17F02) [38/100-20161
Deputy Public Works Director Vukojevic presented a PowerPoint presentation to display
photographs of the existing roofs and highlight the proposed project.
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Regular Meeting
October 11, 2016
Council Member Peotter questioned the use of gravel on the roof and suggested a high tech
membrane roof for the fire station. He requested the opportunity to work with staff and bring the
item back at the next meeting.
Motion by Council Member Peotter. seconded by Council Member Selich, to continue the
item to the October 25, 2016 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Absent: Mayor Pro Tem Muldoon
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 8:06 p.m. in memory of Wendy Brooks
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
October 6, 2016, at 4:00 p.m.
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