HomeMy WebLinkAbout05/23/2017 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
May 23, 2017
ROLL CALL - 4:45 p.m.
Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy
Duffield, Mayor Kevin Muldoon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Public Works Weeh Proclamation
Public Works Director Webb expressed gratitude to the Public Works and Municipal
Operations Departments.
Mayor Muldoon read and presented the proclamation to Public Works Director Webb.
Council Member Dixon commended the Public Works and Municipal Operations
Departments.
Council Member Avery thanked the Departments for their professionalism.
Council Member Herdman discussed the value of the Public Works Department.
SS3. Ocean Front Walk Regulations and Plans for Summer 2017
Deputy City Manager Finnigan presented a PowerPoint presentation, outlining the Ocean
Front "Boardwalk," issues raised by the community, Newport Beach Municipal Code (NBMC)
Section 12.54, other NBMC references, allowed uses, and conveyances not currently
addressed including electric bikes (e•bikes), hover boards, Segways and future technology.
City Traffic Engineer Brine continued the PowerPoint presentation, summarizing the
pedestrian counts, speed survey, signage, possible solutions for Balboa Boulevard from
E Street to G Street, and bicycle trail comparison.
Deputy Police Chief Birch presented highlights of the Peninsula Enforcement Team and
Boardwalk Ambassadors Program.
In response to Council Member Dixon's question, Deputy Police Chief Birch explained that
the Ambassadors provided community engagement and education. He discussed efforts for
increased presence.
Deputy City Manager Finnigan continued the PowerPoint presentation with the suggested
path, including cleaning up NBMC 12.54 to specify allowable uses versus prohibited
conveyances on the Boardwalk and working with business owners.
In response to Council Member Dixon's questions, Deputy City Manager Finnigan discussed
bike paths in other cities. Council Member Dixon noted she biked on the Boardwalk and
believed there were too many signs.
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In response to Council Member O'Neill's question, City Attorney Harp stated exceptions
would be required to meet Americans with Disabilities Act (ADA) regulations. Council
Member Dixon suggested working with Segway rental companies to ensure basic rules of the
road were followed. Deputy City Manager Finnigan discussed possible agreements with the
Segway companies to ensure compliance with the rules.
Council Member Herdman discussed positive results from when he was an administrator of
informing students of what could be done rather than what was prohibited. He expressed
concern with the proliferation of signs telling people what not to do on Balboa Island.
Council Member Peotter asked if pedestrians could be separated from bicycles. Deputy City
Manager Finnigan stated other cities utilized different lanes. City Traffic Engineer Brine
stated there were differing opinions on bike lanes. Council Member Peotter asked if surreys
could be outlawed. Deputy Police Chief Birch stated surreys were not outlawed, but could be
regulated. Council Member Peotter recommended making surreys illegal in the bike lanes
and on the Boardwalk.
Fred Levine expressed concern with public safety and motorized vehicles on the Boardwalk.
He suggested additional enforcement and invited the City Council to visit his home to view
the issues.
Buzz Lowrey believed the problem with Segway and surrey devices have subsided, but e -bike
issues have increased.
Maureen Cotton discussed the need for additional enforcement. She stated Assembly Bill
604 allowed prohibition of e -bikes on specific paths. She discussed concerns with the Pier to
Pier group using electric vehicles and urged banning Class 1, 2 and 3 uses on the Boardwalk.
Denys Oberman discussed the various types of motorized vehicles operating on the
Boardwalk, all traveling more than 8 miles per hour. She expressed frustration regarding
the rental of Segway devices. She encouraged restoring the Boardwalk to a safe place to
walk. She concurred that there were too many signs.
Joe Walkey discussed accidents on the Boardwalk. He suggested separating the bikes from
the walkers.
Jim Mosher reminded the City Council of the suggestion to deploy speed signs.
David Merin believed surreys were dangerous on the Boardwalk, suggested banning them
completely, questioned why skateboards were illegal, and believed enforcement would solve
a lot of the problems.
Ann Merin suggested only allowing bikes on the street rather than on the sidewalk while
traveling to the Wedge.
Robert Larner discussed the lack of understanding regarding the meaning of the signs.
Council Member Dixon stated changes were necessary to deal with safety and speed issues.
She indicated improvements for the E Street intersection were being considered and
suggested installation of material or boulders to reduce bike speeds in Peninsula Point and
the inclusion of the sharrows on the street. She agreed with working with the Segway rental
owners to come up with a solution and recommended accelerating the study and potential
lane markings at McFadden Square. She questioned whether motorized vehicles should be
prohibited. She agreed that safety was the number one concern and indicated support for
utilizing electronic speed signs.
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Council Member Herdman concurred with Council Member Dixon.
City Manager Kiff requested the City Council straw vote on the various issues.
The City Council took a straw vote on updating the NBMC to adhere to the California Vehicle
Code (CVC) guidelines and Council Member Herdman, Council Member Avery, Council
Member Dixon and Council Member Peotter were in support.
The City Council took a straw vote on discussing tour agreements with Segway operators
and
Council Member O'Neill, Council Member Peotter, Council Member Dixon, Council Member
Avery, Council Member Herdman, and Mayor Pro Tem Duffield indicated support.
The City Council took a straw vote on flipping the NBMC to indicate what was allowed versus
what was prohibited and Council Member Herdman, Council Member Avery, Council
Member Dixon, and Mayor Pro Tem Duffield agreed.
The City Council discussed the options for banning surreys and, upon straw vote, Council
Member Herdman, Council Member Avery, Council Member Peotter and Council Member
Dixon agreed to bring back options.
The City Council took a straw vote on surrey land use restrictions on the Peninsula, with an
amortization analysis, with Council Member Herdman, Council Member Avery, Council
Member Dixon, and Mayor Pro Tem Duffield indicating support.
Deputy Police Chief Birch explained the three classes of e -bikes.
A straw vote was taken and Council Member Herdman, Council Member Avery, Council
Member Dixon, and Mayor Pro Tem Duffield agreed to explore changes to e•bikes.
Council Member Herdman believed surreys were very problematic on Balboa Island.
Council Member Dixon requested recommendations come back for McFadden Square. City
Manager Kiff stated it would be necessary to discuss options with the Public Works
Department. Council Member Dixon suggested bringing back an inexpensive solution. City
Manager Kiff stated he would work with Council Member Dixon.
Mayor Pro Tem Duffield suggested increasing width where there is high congestion. The City
Council unanimously agreed to consider increasing width in heavy traffic areas.
III. PUBLIC COMMENTS
Jim Mosher discussed the continued performance evaluation of the City Manager showing up on the
Closed Session agenda. He expressed concern about the City Council's vote on April 11, 2017
regarding relocating the Ronald Regan Memorial Statue and lack of information on the agenda. He
urged the City Council to review his letter and respond, otherwise he would be forced to sue the City.
Mayor Muldoon stated the City Manager's evaluation had not yet been conducted due to time
constraints.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - Council Chambers Conference Room
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A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
Paul Matheis v. City of Newport Beach
Office of Administrative Hearings, Case No. 2016-070710
Paul Matheis v. City of Newport Beach
Workers' Compensation Appeals Board Case No. ADJ7731364
B. 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; Peter Brown, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Association (NBPA).
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager
V. RECESSED - 6:05 p.m.
VI. RECONVENED AT 7:04 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy
Duffield, Mayor Kevin Muldoon
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
IX. PLEDGE OF ALLEGIANCE - Mayor Muldoon
X. INVOCATION - Madelon Maupin, First Church of Christ, Scientist
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill reported he attended the Bunnies and Book Festival, Field of Honor Event,
Public Safety Day, Balboa Island Art Walk, Newport Coast Elementary School PTA Volunteer
Awards Ceremony, Citizens Police Academy Graduation, and OASIS Senior Center Volunteer Fair.
Council Member Dixon commented on the Field of Honor Event and congratulated the 41st Citizens
Police Academy Graduates. She commended staff on its recognition by the Government Finance
Officers Association on the City's Comprehensive Annual Financial Report (CAFR).
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Council Member Herdman stated he attended many of the events mentioned by Council Member
O'Neill and Council Member Dixon. He thanked staff and the constituents that attended his District
5 Town Hall Meeting and discussed recent staff tours of the Balboa Island Museum. He also thanked
the commodores and clubs for the invitations to opening days at the various yacht clubs.
Council Member Avery discussed the Field of Honor Event and the recent visit of his niece and her
family to the City.
Mayor Pro Tem Duffield announced the Harbor Underwater Clean Up Event on June 3, 2017.
Mayor Muldoon stated he also had the pleasure of attending the Field of Honor Event. He discussed
the successful Public Safety Day Event and his attendance at the Art Walk. He announced the John
Wayne Park Dedication on May 26, 2017 at 3:00 p.m.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item S16 (Amendment to the JWA Settlement Agreement: Definition of Commuter Air
Carrier or Commuter Carrier), Allen Beek, Secretary of SPON, stated SPON was not prepared to
sign the proposed amendment to the settlement agreement due to the potential increase in the
number of flights. City Manager Diff stated he respected SPON's perspective, but it was not his
opinion that flights would increase. He stated the County of Orange was obligated to adhere to
agreements. He stated he was hopeful that SPON would approve the amendment.
In response to Mayor Muldoon's questions, City Attorney Harp reported SPON was a party to the
agreement. He stated the County would be considering the matter on June 6, 2017. He stated all
four parties needed to approve the amendment. Mr. Beek indicated SPON had not yet decided on
the amendment and needed time to review recently obtained information.
Jim Mosher discussed the airline comments presented at the County Airport Commission meeting
and the need for SPON to review the material and discussed City Council Policy A-17 requiring the
settlement agreement to be heard by the Aviation Committee.
Sue Dvorak discussed the effect of planes flying over her home. She expressed concern with the
health impact from jet fuel and urged Council to correct the problem.
Mayor Muldoon discussed litigation with the Federal Aviation Administration (FAA) and agreed that
it was an important issue. He stated he was inclined to support Item S16 and await SPON's decision.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the May 9, 2017 City Council Meeting [100-20171
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.
RESOLUTIONS FOR ADOPTION
4. Resolution of Intention to Renew the Corona del Mar Business Improvement District
and Levy Assessments in Fiscal Year 2017-2018 [100-20171
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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 Corona del Mar Business Improvement District's Fiscal Year 2016-2017 Annual
Report and its Proposed Fiscal Year 2017-2018 Budget; and
c) Adopt Resolution No. 2017-37, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Corona del Mar Business Improvement
District and Levy Assessments for the Fiscal Year of July 1, 2017 to June 30, 2018, and Fix
the Time and Place of a Public Hearing for June 13, 2017.
Resolution of Intention to Renew the Newport Beach Restaurant Association Business
Improvement District and Levy Assessments in Fiscal Year 2017-2018 [100-2017]
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 2016-2017 Annual Report and its Proposed Fiscal Year 2017-2018 Budget; and
c) Adopt Resolution No. 2017-38, 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, 2017 to
June 30, 2018, and Fix the Time and Place of a Public Hearing for June 13, 2017.
CONTRACTS AND AGREEMENTS
Approval of Amendment No. One to Professional Services Agreement with Everest
International Consulting Inc. for Further Analysis Related to Federal Emergency
Management Agency's Preliminary Flood Maps (C-8123-1) [38/100-2017]
a) Find the execution of Amendment No One 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 and City Clerk to execute Amendment No. One to the
professional services agreement (C-8123-1) for $75,000, for a total contract amount of
$160,000.
Council Member O'Neill voted "no" on Item 7.
10. Agreement for the Purchase of a CNG 3 -Axle Dump Truck (C-8045-2) [38/100-2017]
a) Determine this action is not subject to the California Environmental Quality Act (CEQA)
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; and
b) Approve an agreement for the purchase of one CNG -powered 3 -Axle Dump Truck from Los
Angeles Truck Centers, LLC DBA Los Angeles Freightliner for a total cost of $228,387.16,
and authorize the Mayor and City Clerk to execute the agreement.
S16. Amendment to the JWA Settlement Agreement: Definition of Commuter Air Carrier
or Commuter Carrier (C-2535) [38/100-2017]
a) Find that the execution of the Eleventh Supplemental Stipulation to the JWA Settlement
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 because it will not result in a
physical change to the environment, directly or indirectly;
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b) Find that the Eleventh Supplemental Stipulation to the JWA Settlement Agreement
complies with City Council Policy A17; and
c) Authorize the City Attorney to execute the Eleventh Supplemental Stipulation to the JWA
Settlement Agreement on behalf of the City.
MISCELLANEOUS
11. Pending Coastal Development Permit Waiver for De Minimis Development Located at
415%a 29th Street (PA2017-048) [100-2017]
a) Determine this action is not a project as defined 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 is to receive and file only and will not result in a physical change to the
environment, directly or indirectly; and
b) Receive and file.
12. Confirmation of Voting Delegate and Alternate for the 2017 League of California Cities
Annual Conference - September 13, 2017 to September 15, 2017 [100-2017]
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) Direct the City Clerk to complete and submit the LCC designation form by Friday,
September 1, 2017;
c) Designate Mayor Kevin Muldoon to be the Voting Delegate and Council Member Diane Dixon
to be the Voting Delegate Alternate at the LCC Conference; and
d) Authorize Mayor Kevin Muldoon and Council Member Diane Dixon to attend the LCC
Annual Conference pursuant to Charter Section 402 and City Council Policy F-8 (City Travel
Policy Statement), and to be reimbursed for their official traveling expenses.
13. Acceptance of Funds from Public Safety Realignment and the California Board of
State and Community Corrections (BSCC) [100-2017]
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) Accept AB 109 funds in the amount of $11,554.64 for front-line law enforcement services that
were received and will post as Fiscal Year 2017-2018 revenues in Police Revenue account
01035352-431465 by increasing expenditure appropriations for Fiscal Year 2017-2018 in
Patrol Overtime Safety and Half -Time account 01035353-713002;
c) Accept BSCC funds in the amount of $57,088.09 for front-line law enforcement services that
were received and will post as Fiscal Year 2017-2018 revenues in Police Revenue account
01035352.431465 by increasing expenditure appropriations for Fiscal Year 2017-2018 in
Patrol Special Department Supplies BSCC account 01035353.841015-G1703 ($21,000.00)
and Patrol Overtime Safety and Half -Time account 01035353-713002 ($36,088.09); and
d) Authorize the City Manager to execute a budget amendment on July 1, 2017, to accept AB
109 and BSCC funds, increase revenue estimates by $68,642.73 in Police Revenue account
01035352.431465, and increase expenditure appropriations by $47,642.73 in Patrol Overtime
account 01035353-713002 and $21,000.00 in Patrol Special Department Supplies BSCC
account 01035353.841015-G1703
14. Set Public Hearing Date to Adopt Fiscal Year 2017-2018 Budget [100-2017]
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
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b) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2017-2018 on June
13, 2017, and direct the City Clerk to publish a notice of said hearing in accordance with
Section 1102 of the Newport Beach Charter
Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the
Consent Calendar, except for items removed (Items 3, 6, 8 and 9); and noting the recusal on Item 6
by Council Member O'Neill and the "no" vote on Item 7 by.Council Member O'Neill.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member
Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program
(C-8085)[38/100-20171
Council Member Peotter expressed concern with paying $450,000 with the potential of getting
back $600,000. Fire Administrative Manager Vasquez explained the requirement to submit
matching funds due to the State's finite funds for Medi -Cal services. She stated the return was
$.33 on the dollar. In response to Council Member Peotter's question, Fire Administrative
Manager Vasquez stated there was no contractual written guarantee that the City will receive
funds back. She explained the use of local funds to draw down Federal funds. City Manager Kiff
stated the funds would only be used towards medical service. Fire Administrative Manager
Vasquez discussed potential risks. Council Member O'Neill discussed the high cost of ambulance
services and efforts to offset the difference.
In response to Council Member Dixon's question, Fire Administrative Manager Vasquez stated
the reimbursement rate was 8% which would increase to 17.5% with the program.
Motion by Council Member O'Neill, seconded by Council Member Dixon, 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; b) adopt Resolution No. 2017-36,
A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City
Manager, or Designee, to Execute Agreements with the Department of Health Care Services
(DHCS) and CalOptima to Participate in the FY 2015-2016 and FY 2016-2017 Medi -Cal Rate
Range Intergovernmental Transfer (IGT) Program; and c) authorize Finance Department staff to
execute an administrative amendment to the FY 2018 budget to increase expenditure
appropriations by $459,621 in the Medi -Cal IGT account 01040404-821008 and to increase
revenue estimates by $612,828 in the Medi -Cal IGT account 01040404.431246 of the Fire
Department.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Nays: Council Member Peotter
6. Median Landscape Turf Replacement — Award of Contract No. 8151-1 (16L02) [38/100-
2017]
Council Member O'Neill recused himself from this item due to real property interest.
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Council Member Peotter discussed prior discussions regarding turf replacement. He suggested
continuing the item to direct staff to replace turf with drought tolerant ground cover.
Council Member Dixon inquired about the proposed plans. Public Works Director Webb stated
the plant pallet mimicked the recent installation at San Joaquin Hills.
Motion by Council Member Peotter, seconded by Mayor Muldoon, to continue the item
and give direction to staff to come back with a lower cost proposal alternative.
Council Member Herdman suggested that staff consider the same ground cover also be used on
Jamboree Road.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
Recused: Council Member O'Neill
8. Amendment No. One to Lease Agreement with Lighthouse Cafe, LLC, for the
Restaurant Space at Marina Park Located at 1600 West Balboa Boulevard and a
Waiver of City Council Policy B-13 (C-6075) [381100-2017]
Council Member Dixon indicated support for the overall concept, but asked if the food cart
provision could be removed from the agreement to consider impacts to surrounding businesses.
City Manager Kiff suggested continuing the item so staff can negotiate the food cart provision.
In response to Council Member Peotter's question, Community Development Director Brandt
explained that the purpose of the food cart is to service visitors in the park. Council Member
Dixon stated she had heard concerns from a local retailer and requested reevaluation of the food
cart.
Council Member O'Neill stated he would not recommend deleting the food cart.
George Schroeder thanked Council Member Dixon for her consideration. He noted existing
nearby locations for a quick bite and drink. He expressed concern with allowing the food cart.
Jim Mosher explained the amendment to the lease agreement, including the food cart. He
expressed concern with overconcentration of type 47 licenses and believed the City was adding
to the problem.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to continue the
item to the June 13, 2017 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
9. Airport Consulting- Contract with Tom Edwards (C-7071-2) [381100-2017]
In response to Mayor Muldoon's question, City Manager Kiff suggested amending the contract
from 3 years to a one-year term.
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Motion by Mayor Muldoon, seconded by Council Member 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 the
Professional Services Agreement with Thomas Cole Edwards, Inc., as amended with a one-year
term.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Sue Dvorak addressed the City Council regarding retaining the dog beach
Tim Hamilton urged expansion of dog beach. He discussed the letter sent to the County by Council
Member Dixon rejecting dog beach. He requested the letter be withdrawn and the "No Dogs" signs
be removed and requested the City Council agendize the matter.
Mike Glenn discussed the City Council's previous support of dog beach, the Parks, Beaches and
Recreation Commission's direction to codify amenity for the community, and City Manager Kiffs
statement regarding bringing the matter to the City Council for discussion. He requested the matter
be considered by the City Council.
Bryndon Golya, dog trainer, concurred with the prior speakers and indicated support for dog beach.
Scott Hoffman encouraged the City Council to place dog beach on an agenda.
Victor Leipzig, representing the Orange County Audubon Society, thanked the City for meeting with
representatives regarding the snowy plover habitat site near D and E Streets. He indicated
opposition to allowing a dog beach at the mouth of the Santa Ana River.
Angel Lee expressed support for dog beach.
Phil Gaston addressed the City Council in support of dog beach.
Sharon Ray urged the City Council to listen to the young constituents and their desire for the dog
beach.
Laura Fayerman indicated support for dog beach.
Dennis Bress discussed the need for a dog beach and expressed concern regarding Council Member
Dixon's opposition to dog beach.
Jenny Stogley addressed the City Council in support of dog beach.
George Schroeder stated dogs were currently allowed on the beach on leashes but believed the dog
beach was not safe. He emphasized this was a County decision.
Terry Kwam questioned why the matter was brought back by Council Member Dixon. She suggested
resolving the matter in favor of dog beach.
Lino Baratto indicated support of dog beach.
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Bruce Boyd stated there was no official dog beach area. He stated the area was an environmentally
sensitive habitat area and a flood control zone. He expressed concern about misinformation.
Lori Baratta indicated support for dog beach. She stated she thought it had already been decided.
In response to Mayor Muldoon's request for an explanation, City Manager Mff stated the County of
Orange was proceeding with an ordinance to make it a legally designated off leash area, but the
ordinance did not get a second reading due to environmental groups stating the Environmental
Impact Report (EIR) was inadequate. He stated it was his understanding that the County had
indefinitely tabled the matter. He explained City projects that recently impacted access to dog beach
and the City law that required dogs on leashes on beaches. He also pointed out that the Coastal
Commission had expressed concern that the City was not protecting the dunes areas.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. PUBLIC HEARING
15. Community Development Block Grant - 2017-2018 Action Plan (continued from May 9,
2017) [100-20171
Principal Planner Campbell provided the staff report and indicated that a summary of the
Section 108 loan was provided to the City Council.
In response to Mayor Muldoon's question, Community Development Director Brandt stated the
loan was refinanced from 6.5% to 1.5%.
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Mayor Muldoon, seconded by Council Member Peotter, to a) find the approval
of 2017-2018 Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant
to 24 CFR Part 58, Section 58.34; b) find the approval of 2017.2018 Action Plan exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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; c) adopt Resolution No. 2017-35, A
Resolution of the City Council of the City of Newport Beach, California, Approving the 2017-2018
Action Plan for the Allocation of the Federal Community Development Block Grant for the 2017-
2018 Fiscal Year; and d) authorize the City Manager to (1) adjust appropriations to specific
programs and projects as necessary to conform with the final 2017.2018 formula grant allocation
of CDBG funds from HUD; (2) submit the 2017-2018 Action Plan to HUD; (3) execute the 2017-
2018 CDBG Program Grant Agreement and all related documents on behalf of the City; (4)
execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG
funds in the Action Plan; (5) authorize the Community Development Director, or his/her
designee, to be the official representative of the City of Newport Beach to submit required
environmental documentation for CDBG projects; and (6) make all necessary adjustments to the
City -adopted budget to reflect funding allocations of the 2017-2018 Action Plan.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Herdman, Council Member Avery, Council
Member Dixon, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XIX. MOTION FOR RECONSIDERATION - None
Volume 63 — Page 292
City of Newport Beach
Study Session and Regular Meeting
May 23, 2017
XX. ADJOURNMENT - 8:42 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 18, 2017, at 4:00 p.m. The amended 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 19, 2017, at 9:00 a.m.
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Volume 63 - Page 293
Mayor