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Home My WebLink About10/25/2016CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting October 25, 2016 I. ROLL CALL - 4:30 p.m. Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar -None SS2. Local Coastal Program Implementation Plan Planning Manager Alford presented aPowerPoint, outlining the Local Coastal Program (LCP) Implementation Plan (IP), community outreach, Coastal Zone boundary adjustments, California Coastal Commission modifications, and major modifications, including bluff overlays and bulkheads. In response to Council Member Petros' questions, Planning Manager Alford explained bulkhead permitting and stated it was generally implemented at the project level through Coastal Development Permits (CDP). Community Development Director Brandt added that the Coastal Commission would retain control over the bulkheads, but the IP would provide regulations. Planning Manager Alford continued the PowerPoint presentation to discuss beach hours, the shoreline height limitation zone, lowering visitor accommodation costs, water quality, sea level rise, deletions and additions to the IP, pending categorical exclusion actions, and next steps. Council Member Selich asked about recordation of deed restrictions for Coastal Development Permits. Community Development Director Brandt noted that the provision was not included in the draft IP. Jim Mosher believed this had been a difficult process for the public to follow. He discussed bi- weekly reports to the Planning Commission and questioned the modifications. He expressed concern about the height provisions. Mayor Dixon commended staff and Council Member Selich for their efforts. She requested staff provide information on the upcoming steps and public outreach. Planning Manager Alford discussed negotiations with the Coastal Commission and availability of the information. He outlined public outreach efforts. City Manager Kiff reported that Council would hear the matter on November 7, 2016, for first reading, with second reading being done at the November 22, 2016 City Council meeting. In response to Council Member Peotter's question, Community Development Director Brandt confirmed that the schedule assumes that the Coastal Commission approves the categorically exempt area at its meeting on November 4, 2016. Volume 63 - Page 117 City of Newport Beach Study Session and Regular Meeting October 25, 2016 III. PUBLIC COMMENTS Charles Griffin provided information on a new source of energy which combines hydrogen and boron, and suggested Council research information found at focusfusion.org. Jim Mosher discussed limited descriptions contained on the Closed Session agenda. He further commented on Measure MM on the November 8, 2016 ballot. City Attorney Harp clarified that the measure required 5 of 7 votes for a tax measure to be put on a ballot. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters 1. Healthy Solutions Chiropractic u. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2015-00821873-CU-EI-CJC 2. Merik Migliore u. City of Newport Beach, et al. Orange County Superior Court Case No. 2014-00720608-CJC 3. Andrew J. Marton, III u. City of Newport Beach, et al. Orange County Superior Court Case No. 30-2015-00817636-CU-PO-CJC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - LIABILITY CLAIM (Government Code § 54956.9(d)(2), (e)(3)): 1 matter Claimant: Claims filed by CDO Investments, LLC (Hung V. Ong) for alleged flood damage at 325 Old Newport Boulevard, on October 22, 2015 and March 11, 2016. The claims are Public Records and will be available at the City Clerk's Office upon request. Agency: City of Newport Beach C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 3 matters V. RECESS - 5:22 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon VIII. CLOSED SESSION REPORT City Attorney Harp reported that the City Council unanimously directed the City Attorney to initiate litigation regarding the Federal Aviation Administration's (FAA) Southern California Metroplex project. Volume 63 - Page 118 City of Newport Beach Study Session and Regular Meeting October 25, 2016 IX. PLEDGE OF ALLEGIANCE - Council Member Curry X. INVOCATION - Council Member Peotter XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Peotter announced that the City attended the Air Quality Management District (AQMD) subcommittee meeting where they agreed to attend a Council meeting to discuss Rule 444 related to beach fires. Council Member Duffield encouraged boaters to attend the Water Board workshop regarding proposed copper paint regulations. Mayor Pro Tem Muldoon congratulated Deputy Chief of Police McGill for being named the new Police Chief of Sedona, Arizona. City Manager Kiff presented the proposed meeting schedule change for the November, 2016 City Council meetings. Mayor Dixon announced the upcoming lectures at the Central Library and the opportunity to serve on the Orange County Transportation Authority (OCTA) Board of Directors. She' discussed her participation on a Metropolitan Water District of Southern California/Metropolitan Water District of Orange County (MWDOC) water inspection trip. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher took issue with the proposed meeting date changes and discussed errors in the resolution for Item 3 (Authorize the City Manager and Police Chief to Execute Emergency Management and Homeland Security Grant Applications). XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 11, 2016 City Council Meeting [100-20161 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. RESOLUTION FOR ADOPTION 3. Authorize the City Manager and Police Chief to Execute Emergency Management and Homeland Security Grant Applications (C-8075-3) [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. 2016-116, A Resolution of the City Council of the City of Newport Beach, California, Prouiding Written Authorization to the State of California Governor's Office of Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal Volume 63 - Page 119 City of Newport Beach Study Session and Regular Meeting October 25, 2016 Department of Homeland Security, Federal Emergency Management Agency, and authorizing City officials to execute Emergency Management and Homeland Security Grant Applications and documents. CONTRACTS AND AGREEMENTS 5. Newport Elementary School Field Renovation - Memorandum of Understanding with Newport -Mesa Unified School District (C-8150-1) [38/100-2016] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(H) maintenance of existing landscaping, of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) Approve the MOU between the City of Newport Beach and NMUSD for the Newport Elementary Field Renovation, and authorize the City Manager to sign. Selection of Broker of Record - Property and Casualty Insurance (C-8252-1) [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; b) Authorize the Mayor to enter into the proposed five-year (5) Professional Services Agreement with Alliant Insurance Services (Alliant) to act as the City's Property and Casualty Broker of Record; and c) Delegate authority to the City Manager to annually bind coverage and authorize the City Manager to approve premium payments in the amount of the annual premiums from the Council approved budget accounts designated for insurance for the term of the Professional Services Agreement. MISCELLANEOUS 8. Planning Commission Agenda for the October 20, 2016 Regular Meeting [100-2016] Receive and file. 9. Update on Water Use and Conservation Efforts -September 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. 10. Accept Donation of $350,000 from Newport Harbor Yacht Club and Budget Amendment for Central Avenue Public Pier and Plaza (171112) [100-2016] a) Find the acceptance of the $350,000 donation for Central Avenue Public Pier exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines; and b) Accept NHYC's donation and approve Budget Amendment No. 17BA-014 to increase revenue estimates by $350,000 in Account 10103-561005 and appropriate $350,000 to Account 10101- 980000-171112 for Central Avenue Public Pier and Plaza Improvements project. Mayor Dixon and Council Member Duffield recused themselves on Item 10 because they are members of the Newport Harbor Yacht Club. Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the Consent Calendar, except for the items removed (4, 6 and 11); and noting the recusals by Mayor Dixon and Council Member Duffield on Item 10. The motion carried by the following roll call vote: Volume 63 - Page 120 City of Newport Beach Study Session and Regular Meeting October 25, 2016 Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. Resolution in Opposition to Proposition 57 on the November 8, 2016 General Election Ballot [100-2016] Mayor Dixon reported she pulled the item to bring this matter to the people's attention and expressed the opinion that the resolution was necessary. Police Chief Lewis provided non-partisan background on Proposition 57. He explained the definition of non-violent offenses in the proposed legislation and encouraged the public to review the initiative. He discussed potential impacts on public safety and listed those in opposition to the measure. Jim Mosher believed that Council should not be attempting to influence voters and the item was inappropriate. Mayor Pro Tem Muldoon thanked the Police Chief for his analysis and stated it was appropriate for the Council to take a position because the City's safety and well-being would be affected. He listed the crimes that were considered non-violent in the proposition. Motion by Council Member Peotter. seconded by Mayor Pro Tem Muldoon, 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) waive Council Policy A-6; and c) adopt Resolution 2016-117, A Resolution of the City Council of the City of Newport Beach, California, Opposing California Proposition 57 (The California Parole for Non -Violent Criminals and Juvenile Court Trial Requirements Initiative). The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon 6. Encroachment Agreement for Existing Improvements within the Public Right -of -Way in the Newport Center Area (C-8250-1) [381100-2016] Mayor Dixon indicated support for the concept, but questioned whether there should be a broad policy. Public Works Director Webb reported that this was clean-up legislation. Motion by Council Member Selich, seconded by Council Member Curry, 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) waive City Council Policy L-6, Private Encroachments in the Public Right -of -Way, to retain decorative bollards and planters that encroach in excess of 1 -foot into the public right-of-way at various locations in the Newport Center area; and c) direct staff to enter into an Encroachment Agreement with the Owner, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. The motion carried by the following roll call vote: Volume 63 - Page 121 City of Newport Beach Study Session and Regular Meeting October 25, 2016 Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon 11. Summary, Review of First Eight Months of Operation of the City's Visitor -Serving Marina at Marina Park (First Boating Season) [100-20161 Mayor Dixon asked for additional .information on marketing and surveys of those utilizing the amenities. Harbor Resources Supervisor Levin discussed the success of Marina Park and efforts to advertise in larger boating magazines and contact yacht clubs. XVI. PUBLIC COMMENTS ON NON. -AGENDA ITEMS Mike Glenn discussed his bid to purchase the Balboa Theater and requested Council to reconsider its prior vote. Jim Mosher suggested: all public, meetings be televised and requested future meeting dates be predictable. He questioned whether Council and staff meet outside of public meetings. He questioned appointments to committees and decision-making authority. City Manager Kiff reported it was typical for staff to meet with one or two Council Members, but not the majority. He explained that the November 7, 2016 special meeting is his effort to respect public requests to not meet on election night. George Schroeder.thanked staff for changing the meeting from election night. Beth Mays, Student Services Coordinator of Anaheim University, introduced the online university and informed the Council of a scholarship opportunity. David Bracey,Anaheim University, explained the 40% discount offered to people who work or live in Orange County. Chuck Crew addressed Council Member Duffield regarding Museum House and reminded him that he voted for him. Tanya Pham and. Mike Whitaker, Association of U.S. Army, announced the Honor Ride on November 6, 2016, and stated additional information could be found at veteranshonorride.org. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Duffield discussed the Newport Bay Watershed Executive Committee greeting on October 19, 2016, at which the 2016 Executive Action Plan was discussed. Mayor Pro Tem Muldoon discussed his attendance at the League of California Cities Conference in Long Beach. Council Member -Petros discussed the October 13, 2016 Finance Committee meeting regarding unfunded liability and encouraged the public to get involved. He stated the next meeting would be held on November 14, 2016. XVIII. PUBLIC HEARING 12. Annual Review of Zoning Implementation and Public Benefit Agreement for Sober Living by the Sea, Inc. (PA2010-150) (C-4145) [381100-20161 Community Development Director Brant recommended that Council find Sober Living by the Sea in compliance with the agreement. Volume 63 - Page 122 City of Newport Beach Study Session and Regular Meeting October 25, 2016 Assistant Planner Whelan presented a PowerPoint presentation to discuss the seventh annual compliance review, facilities, code enforcement inspections and results, complaints and citations, administrative operations, and recommendations. Motion by Council Member Curry, seconded by Mayor Pro Tem Muldoon, to a) find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code. of Regulations, Title 14, Chapter 3; b) find that Sober Living by the Sea, Inc. has demonstrated good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement; and c) receive and file documents submitted by Sober Living by the Sea, Inc. to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. Mayor Dixon opened the public hearing. Hearing no testimony, Mayor Dixon closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon XIX. CURRENT BUSINESS 13. Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091) [100- 20161 Mayor Dixon and Council Member Duffield recused themselves on Item 14 because they are members of the Newport Harbor Yacht Club. Principal Planner Campbell presented background information about the project and stated the effective date of the ordinance would make the entitlement project effective. Motion by Council Member Petros. seconded by Council Member Curry, to a) find the adoption of the recommended ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines; and b) introduce Ordinance No. 2016- 16, An Ordinance of the City Council of the City of Newport Beach, California, Modifying. the Effective Dates of City Council Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 Regarding a Replacement. Clubhouse for the Newport Harbor Yacht Club Located at 720 West Bay Avenue. (PA2012-091), and pass to second reading on November 7, 2016. Jim Mosher discussed the prior intent to make a.comparable change to the Coastal Land Use Plan. Principal Planner Campbell explained that there was no need to change .the intensity in the General Plan and Coastal Land Use Plan. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon Recused: Council Member Duffield, Mayor Dixon 14. Semeniuk Slough Maintenance Project - Award of Construction Contract (15X17) [381100- 20161 Volume 63 - Page 123 City of Newport Beach Study Session and Regular Meeting October 25, 2016 Deputy Public Works Director Vukojevic presented a PowerPoint presentation to highlight dredging, maintenance, and the project schedule. Council Member Petros discussed efforts to bring the project to fruition. Motion by Council Member Petros, seconded by Council Member Peotter, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(H) - Minor Alteration of 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) authorize Mayor to execute a Cooperative Agreement 12-711 with Caltrans (C-8251.1) for its contribution of $500,000 to the project on a form approved by the City Attorney and Caltrans; d) approve Budget Amendment No. 17BA-015 recognizing a contribution from Caltrans in the amount of $500,000, appropriating $500,000 to Account 13501-980000-15X17, and appropriating $182,000 from Tidelands Maintenance Fund unappropriated balance to Account No. 10001-980000- 15X17 for Semeniuk Slough Maintenance Project; e) award Contract No. 3636B to ICS for the total bid price of $1,572,800.00, and authorize the Mayor and City Clerk to execute the contract; and fj establish a ten percent contingency of $157,000 to cover the cost of unforeseen work not included in the original contract. Jim Mosher asked about ownership negotiations on the western side of the slough. Public Works Director Webb discussed unsuccessful efforts with the property owner; however, it would not affect the City's portion of the project. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon 15. Police Headquarters and Fire Station No. 3 Roofing Project -Award of Contract No. 8211- 1 (17F02) [381100-2016] Deputy Public Works Director Vukojevic presented a PowerPoint presentation to display three types of roofing systems and outline the Police Department Headquarters and Fire Station roofing projects. In response to Council Member Peotter's questions, Deputy Public Works Director Vukojevic stated the contractor had indicated single membrane or gravel roof were about the same price, but had 20 year and 30 year warranties, respectively. Council Member Peotter expressed his preference to go with the single -ply roof. City Attorney Harp stated the matter could be brought back on a future agenda. Motion by Council Member Peotter. seconded by Council Member Duffield to bring back the item so a single -ply roof is used on the Fire Department. In response to Mayor Dixon's question, Deputy Public Works Director Vukojevic stated the current bids could be utilized. Public Works Director Webb pointed out that the building was anticipated to be removed in less than 30 years. Substitute motion by Council Member Curry, seconded by Council Member Petros, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) award Contract No. 8211-1 to The Garland Company, Inc. Volume 68 - Page 124 City of Newport Beach Study Session and Regular Meeting October 25, 2016 (Garland) for the amount of $944,703.00, and authorize the Mayor and City Clerk to execute the contract; and c) include in the project construction contract contingency an allocation of $93,997.00 (approximately 10 percent of the total bid) to cover unforeseen conditions, extra work and/or material quantities. Council Member Peotter expressed his opinions relative to gravel roofs and warranties. He stated it was a matter of preference, but suggested using single -ply. The substitute motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Peotter, Council Member Duffield XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:12 p.m. The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on October 20, 2016, at 4:00 p.m. The amended agenda was posted on the City's website and on the City Hall Electronic Bulletin Board on October 21, 2016, at 12:00 p.m. DAA� J City Clerk Clerk ` c Mayor Volume 63 - Page 125