HomeMy WebLinkAbout01 - MinutesJune 27, 2017
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
June 13, 2017
I. ROLL CALL - 6:00 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. National Alzheimer's and Brain Awareness Month Proclamation
Anne Grey, Alzheimer's Association, thanked the City Council for recognizing June as
Alzheimer's and Brain Awareness Month. She encouraged participation in the "Longest Day"
on June 21, 2017.
Mayor Muldoon read and presented the proclamation to Ms. Grey.
SS3. Annual Mayor's Youth Council Report -14ow
Katie Hendricks, Sydney Little, and Ashlyn Johnson, Youth Council Members, introduced
themselves and provided an overview on the Mayor's Youth Council, highlighting the three
areas of focus — government involvement, Youth in Government Day, and community service.
SS4. Sister Cities Update 1%
Liddy Paulsen and Connie Skibba, Newport Beach Sister Cities Association, presented a
PowerPoint presentation, summarizing the Association's governance, mission, the Okazaki,
Japan exchange program, other programs, and challenges.
Steve Bender, Newport Beach Sunrise Rotary President, discussed his visit to Antibes, France,
and presented the City with a Paul Harris Fellowship Award.
Mayor Muldoon thanked Mr. Bender for the recognition.
Council Member Dixon thanked the Sister Cities Association and Sunrise Rotary, and
encouraged community support.
In response to Council Member Herdman's question, Ms. Paulsen discussed the annual dues.
III. PUBLIC COMMENTS - None
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.
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IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 2 matters
Susan Bidart Riddle v. City of Newport Beach & John Vallely
Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC
City of Newport Beach v. Insurance Company of the State of Pennsylvania
United States District Court Case No. 8:16-cv-00483-JVS-KES
V. RECESSED - 6:24 p.m.
VI.
VII. ROLL CALL dgk W IM
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 41
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
IX. PLEDGE OF ALLEGIANCE - Council Member O'Neill
X. INVOCATION - Council Member Peotter
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill reported attending the Newport Harbor High School Memorial Day event,
Newport Beach Chamber of Commerce Athletic Awards Dinner, Balboa Island Parade, Crystal Cove
Kickoff, and the Balboa Yacht Club Boat Festival. He thanked George Murdoch for the oil field tour.
Council Member Peotter requested a future agenda item regarding on -leash hours for dogs near the
Santa Ana River mouth.
Council Member Dixon stated she attended the Newport Harbor High School Memorial Day event and
the Newport Beach Chamber of Commerce Athletic Awards Dinner. She presented a video on the
Balboa Peninsula Trolley and announced it will start service on June 17, 2017. She discussed the
recent Women in Government luncheon, and announced the Speak Up Newport meeting at which
Community Development Director Brandt would discuss new development activity on Balboa
Peninsula.
Council Member Herdman discussed the recent City Selection Committee meeting at which he was
elected to the Airport Land Use Commission (ALUC). He congratulated Mayor Pro Tem Duffield on
the Newport Underwater Clean Up Day and recognized the Public Works Department and Municipal
Operations Department for winning the theme award at the Balboa Island Parade. He also discussed
recent events he attended.
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Study Session and Regular Meeting
June 13, 2017
Council Member Avery discussed his participation in the Balboa Island Parade and at the Balboa
Yacht Club Festival.
Mayor Pro Tem Duffield commended Newport Harbor High School on its Memorial Day celebration
and discussed the Newport Harbor High School Hall of Fame.
Mayor Muldoon discussed the dedication of John Wayne Park.
Public Works Director Webb introduced new Harbormaster, Dennis Durgan. Mr. Durgan thanked the
City Council for the opportunity to serve the City. Mayor Pro Tem Duffield welcomed Mr. Durgan.
Public Works Director Webb stated Mr. Durgan would be stationed at Marina Park and would be
spending time on the water.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher pointed out a computation error in Item 3 (Adoption of Fiscal Year 2017-18 Appropriations
Limit), expressed concern about the City Council signing off on completion of the Balboa Island entry
arch sign (Item 5), and questioned the final cost of the project and penalties assessed to the contractor.
He asked if the City had received the anticipated return on investment.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
Minutes for the May 23, 2017 Special Joint Meeting with the Finance Committee and
the May 23, 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
Adoption of Fiscal Year 2017-18 Appropriations Limit [100-20171
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. 2017-39, A Resolution of the City Council of the City of Newport Beach,
California, Determining and Establishing an Appropriations Limit (GANN) for Fiscal Year
2017-18 in Accordance with Article XIIIB of the California Constitution and Government Code
Section 7910, in the amount of $186,181,146.
4. Annual Measure M2 Eligibility Submittal [100-20171
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 the Measure M 7 -Year CIP;
c) Adopt Resolution No. 2017-40, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Status and Update of the Circulation Element, Local Signal
Synchronization Plan, Mitigation Fee Program, and Pavement Management Plan for the
Measure M2 Program; and
d) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual
eligibility requirements.
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CONTRACTS AND AGREEMENTS
5. Balboa Village Entry Arch Sign Project - Notice of Completion for Contract C-7011-1
(Project No. 15M13) [38/100-2017]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On May 10, 2016, 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 acceptance by the City Council.
6. Median Landscape Turf Replacement - Award of Contract No. 8151-1 (16L02) [38/100-
20171
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (reconstruction of existing facility involving negligible or no expansion of
capacity) 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. 8151-1 to Diversified Landscape Management for the total bid price of
$435,467.81, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $45,000.00 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
Council Member O'Neill recused himself from Item 6 due to real property interest.
7. Professional Services Agreement with MetaSource, LLC for Document Archiving
Services (C-7000-2) [38/100-20171
a) Find this action 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 has no potential for
resulting in physical change to the environment, directly or indirectly;
b) Approve the professional services agreement with MetaSource, LLC for document archiving
services for three years and a "not to exceed" maximum of $180,000;
c) Authorize staff to amend the Fiscal Year 2017-18 budget, once adopted, to increase the
appropriations by $60,000 in Account 01050005-811048 (Records Management Contracts)
through a transfer from Account 765-300007 (Information Technology Strategic Fund for
CDD's document archiving services); and
d) Authorize staff to make the same $60,000 transfer annually for the subsequent two years of
the professional services agreement (Fiscal Years 2018-19 and 2019-20).
8. Amendment No. One to Lease Agreement with Lighthouse Caf6, 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) [38/100-20171
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) Approve a waiver of City Council Policy B-13 (Public Use of City Facilities) allowing
Lighthouse Caf6, LLC to obtain a Type 47 On -Sale General for Bona Fide Public Eating Place
license for the restaurant premises only, based on the findings contained in the staff report
and in Amendment No. One to the Lease Agreement, which conclude that the requested license
would not impact the City or public use of Marina Park; and
c) Approve and authorize the Mayor and City Clerk to execute a lease amendment with
Lighthouse Caf6, LLC, in a form substantially similar to the amendment attached to the staff
report.
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9. Approval of Maintenance Repair Services Agreements with Tight Quarters (C-8500-1)
and GCI for On -Call Beach Maintenance Services (C-8501-1) [381100-20171
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 Maintenance Repair Services Agreements with Tight Quarters, Inc. and
GCI Construction, Inc. in a form approved by the City Attorney, and authorize the Mayor and
City Clerk to sign each agreement. Each on-call agreement is for a three-year term and carries
a not to exceed cap of $300,000 for each contract's total three-year term. The total cost of both
contracts over the three-year term shall not exceed $600,000.
10. Acquisition of 2017 Rule 20A Credits from the City of Mission Viejo (17M03) (C8504-1)
[38/100-20171
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) Approve Budget Amendment No. 17BA-035 transferring $72,469.10 from Account
No. 01201928-980000-17T11 (Arroyo Canyon Bike Trail) to Account No. 01201928-980000-
17M03 for SCE Rule 20A Credit Purchase;
c) Authorize the City Manager to execute the Memorandum of Understanding (MOU) between
the City of Newport Beach and City of Mission Viejo documenting details of transaction for the
Rule 20A credit acquisition and to provide the City of Newport Beach first right of refusal to
purchase additional Rule 20A credits from the City of Mission Viejo, as it becomes available,
at a purchase rate of $0.55 on the dollar; and
d) Authorize staff to process the Rule 20A credit transfer between the City of Newport Beach and
City of Mission Viejo with SCE.
Mayor Muldoon recused himself from Item 10 due to business interests.
MISCELLANEOUS ==W mow.
11. Board and Commission Scheduled Vacancies - Confirmation of Nominees [24/100-20171
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) Waive the requirement in City Council Policy A-2 relative to having at least two (2)
nominations for each vacancy as it pertains to the Building and Fire Board of Appeals
vacancies; and
c) Confirm the nominations as ranked by the City Council Ad Hoc Appointments Committee:
Board of Library Trustees [1 vacancy/minimum 2 nominees]
1. Douglas Coulter (incumbent)
2. Hugh Logan
3. Thomas Malcolm
Building and Fire Board of Appeals [3 vacancies]
1. Brion Jeannette (incumbent)
2. Richard Luehrs (incumbent)
3. Audrey Cook
City Arts Commission [3 vacancies/minimum 6 nominees]
1. Lynn Selich (incumbent)
2. Michael Kerr (incumbent)
3. Miriam Baker
4. Grace Divine
5. Marie Little
6. Barbara Glabman
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June 13, 2017
Civil Service Board [1 vacancy/minimum 2 nominees]
1. Jane Della Grotta
2. Howard Herzog
Harbor Commission [2 vacancies/minimum 4 nominees]
1. David Girling (incumbent)
2. Marie Marston
3. Donald Yahn
4. Ira Beer
Parks, Beaches & Recreation Commission [2 vacancies/minimum 4 nominees]
1. Walter Howald (incumbent)
2. Heather Ignatin
3. Diane Daruty
4. Shelly Trainor
Planning Commission [2 vacancies/minimum 4 nomins]
1. Elizabeth Kiley
2. Lauren Kleiman
3. Lee Lowrey
4. Curtis Elmore
5. Charles Fancher
6. Richard McNeil 4Ne
S19. Planning Commission Action Report for the June 8, 2017 Meeting [100-2017]
Receive and file.
Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the recusal on Item 6 by Council Member O'Neill and Item 10 by Mayor
Muldoon.
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 - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Nancy Gardner, Friends of Newport Beach Animal Shelter, discussed the purpose of the organization
and its work.
Mike Glenn thanked Council Member Peotter for addressing dog leash policies and expressed concern
regarding the cost of the Balboa Trolley.
Jon Pedersen expressed concern with David Granoff serving on the Parks, Beaches and Recreation
Commission and urged the City Council to request his resignation.
Jim Mosher requested the City Council encourage City staff to resume the practice of providing the
tentative agenda.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. PUBLIC HEARING
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12. Resolution No. 2017-41: Confirming the Levying of Assessments for the Fiscal Year 2017-
2018 for the Corona del Mar Business Improvement District and Advisory Board
appointments for Fiscal Year 2017-2018 [24/100-20171
City Manager Kiff provided the staff report.
Mayor Muldoon opened the public hearing.
Jim Mosher pointed out that "appoint" was missing from the recommended action and questioned
whether there was participation on the board.
There being no further testimony, Mayor Muldoon closed the public hearing.
City Clerk Brown announced she had not received any protests.
Motion by Council Member O'Neill, seconded by Council Member Herdman, a) adopt
Resolution No. 2017-41, A Resolution of the City Council of the City of Newport Beach, California,
Confirming the Levying of Assessments for the Fiscal Year 2017-2018 for the Corona del Mar
Business Improvement District, since the protests represent less than 50 percent of the total
assessment amount; b) determine that the action is exempt from the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly; and
c) appoint the following to the Corona del Mar Business Improvement District Advisory Board of
Directors for fiscal year 2017-2018:
Keith Dawson, Dawson & Dawsons
Edward Hanley, Hanley Investment Group
Hamid Kianipur, 76 Gas Station ,
Scott LaFleur, representing Cafe Jardin
Scott Laidlaw, Laidlaw Schultz Architects
Shawn Lim, Rose Bakery Cafe
Bernie Svalstad, BPS Financial
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
13. Resolution No. 2017-42: Confirming the Levying of Assessments for Fiscal Year 2017-
2018 for the Newport Beach Restaurant Association Business Improvement District and
Advisory Board Appointments for Fiscal Year 2017-2018 [241100-20171
Administrative Analyst Locey announced that Will Alovis, Sugar N Spice, has withdrawn his
request to be appointed to the the NBRA Advisory Board.
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
City Clerk Brown announced she had not received any protests.
Motion by Council Member O'Neill, 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) adopt Resolution
No. 2017-42, AResolution of the City Council of the City of Newport Beach, California, Confirming
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Study Session and Regular Meeting
June 13, 2017
the Levying of Assessments for Fiscal Year 2017-2018 for the Newport Beach Restaurant Association
Business Improvement District, since the protests represent less than 50 percent of the total
assessment amount; and c) Appoint the following to the Newport Beach Restaurant Association
Business Improvement District Advisory Board of Directors for fiscal year 2017-2018:
Philip Crowley, Modo Mio
John DeFrenza, Crocker's "The Well Dressed Frank"
Bruno Massuger, Newport Dunes Resort
Matthew Meddock, Sessions West Coast Deli
Dan Miller, The Village Inn
Jordan Otterbein, A Restaurant & Market
Kenyon Parr, Five Crowns & Side Door
Christopher Roman, CUCINA enoteca
Ron Schwartz, Muldoon's Irish Pub
Jim Walker, The Bungalow Restaurant
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
14. Resolution No. 2017-43: Fiscal Year 2017-2018 Budget Adoption; City Budget Hearing;
Recommendations from the Finance Committee; and Budget Checklist Items [100-20171
City Manager Kiff presented a PowerPoint presentation, summarizing the FY 16-17 Council
Discretionary Grants, New Harbor Operations Program, the Budget Checklist, and proposed
staffing changes.
In response to Council Member O'Neill's questions, Budget Manager Giangrande explained the
total approved CIP plan was $60.9 million. Council Member O'Neill confirmed that to be a
$3.4 million net reduction and $1.7 million CIP net reduction. Budget Manager Giangrande
explained that it was a transfer of fiscal years. Council Member O'Neill pointed out that it would
reduce overall CIP rebudget.
In response to Council Member Council Member Peotter's question, Budget Manager Giangrande
explained that the checklist attached to the staff report was prepare in March 2017 using incorrect
methodology and the version handed out at the meeting tonight reflected changes to rebudgets.
Finance Director Matusiewicz explained that $37.4 million in capital projects were initially
proposed to be reappropriated; however, Public Works encumbered some of those funds, so the
amount was reduced.
Mayor Muldoon opened the public hearing.
Jim Mosher stated he was surprised to see the General Fund Discretionary Grant information.
He expressed concern about open-ended items with funds set aside. He discussed his Brown Act
allegations from April 11, 2017.
There being no further testimony, Mayor Muldoon closed the public hearing.
City Attorney City Attorney Harp explained the process for handling the six items of potential
conflicts of interest.
City Manager Kiff indicated Council Member Herdman had potential conflicts with Marine
Avenue Reconstruction, Balboa Island Enhancements, and Fire Station Remodels due to the
proximity of his residence.
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June 13, 2017
Council Member Herdman left the dais due to real property interest, but returned after
discussions concluded.
In response to Council Member Peotter's question, City Manager Kiff stated he did not know if the
Balboa Island Historical Society was a conflict. City Attorney Harp indicated he would discuss
the matter with Council Member Herdman.
City Manager Kiff explained the funds received by the Balboa Island Historical Society.
Council Member Dixon suggested funds for the Historical Society go through the usual application
process for community funds.
Council Member O'Neill asked if it was appropriate for the matter to be on the checklist since
Council Member Herdman requested the matter initially and he is on the Balboa Island Historical
Society board. City Attorney Harp suggested removing the item from the checklist. City Manager
Kiff concurred and indicated it will be considered as a staff removal.
City Manager Kiff indicated Mayor Pro Tem Duffield had a conflict with the Mariners Mile
Highway Configuration and Land Use Review due to property proximity.
Mayor Pro Tem Duffield left the dais due to property interest on Pacific Coast Highway,
but returned after discussions concluded. +
There were no City Council comments. 11-3m
City Manager Kiff stated Council Member O'Neill had a conflict with the San Miguel Median
Landscape and Turf Replacement due to property proximity.
Council Member O'Neill left the dais due to real property interest, but returned after
discussions concluded.
There were no City Council comments.
City Manager Kiff stated Council Member Avery had a potential conflict with the Newport Heights
Traffic Study due to proximity of property interest.
Council Member Avery left the dais due to real property interest, but returned after
discussions concluded.
There were no City Council comments.
In response to Mayor Muldoon's question, City Attorney Harp explained the requirement for the
Council Members to recuse themselves from participating in discussions about specific items of
conflict, but being able to vote on the budget in its entirety.
Council Member Dixon reported on the Finance Committee's consideration of the budget and
recommendations to adopt the proposed budget. She commended the Finance Committee, City
Council, and staff on the proposed budget.
Motion by Council Member Dixon, seconded by Council Member O'Neill, 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) review the "checklist" of budget
revisions, amend the checklist, and include it in the City's Fiscal Year 2017-2018 Approved
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June 13, 2017
Budget; c) consider and approve the Finance Committee's budget recommendations; and
d) adopt Resolution No. 2017-43, AResolution of the City Council of the City of Newport Beach,
California, Adopting the Budget for the 2017-I8 Fiscal Year, as amended by the City Council
and the approved budget checklist.
In response to Council Member Peotter's question, Finance Director/Treasurer Matusiewicz
explained the OCSD grant had already been received and the City need to fulfill its obligation.
City Manager Kiff explained that he removed the prevailing wage for tree trimming due to the
need for additional review by staff. He stated he discussed fire ring enforcement with South Coast
Air Quality Management District (SCAQMD) and they asked the City to consider going back to
onsite supervision. He indicated he has not made any decisions, but believed it was important to
ask for budget authorization at this time and bring back the item for discussion.
Council Member O'Neill confirmed that the expenditures would be lower than projected revenues.
Council Member O'Neill echoed Council Member Dixon's comments about the Finance Committee.
He commended Council Member Dixon on her leadership as Chair of the Finance Committee and
thanked staff for its work. He highlighted Council's priorities, such as pension pay down and funds
towards Harbor use, were included in the budget. OWL,^
In response to Council Member Peotter's question, City Manager Kiff discussed the Corona del
Mar Business Improvement District's request for a parking analysis. Council Member Peotter
indicated support for the Finance Committee's proposed course of action on unfunded pension
liability. 1W—
Mayor Muldoon commended the City on paying down the unfunded pension liability.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
XIX. CURRENT BUSINESS
15. Newport Heights Alley Replacement - Award of Contract Nos. 7028-1 and 7028-3 (151118)
[381100-20171
City Manager Kiff provided the staff report.
Motion by Mayor Muldoon, seconded by Council Member Peotter, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion
of use); b) approve the project drawings and specifications; c) award Contract No. 7028-3 to
NOBEST for the total bid price of $3,385,000.00, and authorize the Mayor and City Clerk to
execute the contract;d) establish $508,000.00 (approximately 15 percent) contingency amount
to cover the cost of unforeseen work not included in the original contract; e) approve Budget
Amendment No. 17BA-036 transferring $857,970 in estimated project savings from 01201927-
980000-151114 (Corona del Mar Concrete Pavement Reconstruction Phase 2), $168,976 in
project savings from 01201927-980000-151113 (Corona del Mar Concrete Pavement
Reconstruction Phase 1) and $134,942 in project savings from 01201926-980000-15L18 (Turf
Replacement/Irrigation) to Account No. 01201927-980000-151118 (Newport Heights Alley
Replacement); and f) approve Amendment No. 2 to the Professional Services Agreement with
TAIT & Associates, Inc. of Santa Ana, California, (TAIT) in the amount of $30,000.00 for
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additional engineering services, and authorize the Mayor and City Clerk to execute the
Amendment.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
16. Fire Station No. 6 Apparatus Bay Replacement - Award of Contract No. 6422-1 (16F11)
[38/100-20171
Deputy Public Works Director Vukojevic utilized a PowerPoint presentation to highlight the staff
report.
Council Member O'Neill confirmed that the project would be paid for by the Facilities Financing
Plan (FFP) and Facilities Maintenance Master Plan which were funded by developer fees. He
requested and received an explanation from City Attorney Harp about the bid protest.
Mayor Pro Tem Duffield discussed his initial frustration over the cost for four inches in height, but
emphasized that the facility needs to be operational, especially in the event of an emergency.
Motion by Council Member Dixon, seconded by Mayor Pro Tem Duffield, to a) find
this project 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;
b) approve the project drawings and specifications; c) waive the minor irregularities in the bid
submitted by Metro Builders & Engineers Group, Ltd.; d) declare Metro Builders & Engineers
Group, Ltd. as the low responsive bidder; e) award Contract No. 6422-1 to Metro Builders &
Engineers Group, Ltd. for the total bid price of $977,868.00, and authorize the Mayor and City
Clerk to execute the contract; f) establish a contingency of $97,691.00 (approximately 10
percent) to cover the cost of unforeseen work not included in the original contract; and g)
approve a professional service agreement with GMU Geotechnical Inc. in the amount of
$33,280.00 for soil testing, geotechnical and special inspections services.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
17. A Municipal Code Amendment Regarding the Permit Process for Electric Vehicle
Charging Stations [100-20171
City Manager Kiff provided the staff report.
Motion by Council Member Peotter, 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) waive
full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017-10, An
Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.19
to Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined
Permitting Process for Electric Vehicle Charging Stations, and pass to second reading on
June 27, 2017.
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City of Newport Beach
Study Session and Regular Meeting
June 13, 2017
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon
18. Appointment to the Visit Newport Beach, Inc. (VNB) Executive Committee [24/100-20171
City Manager Kiff provided brief staff report.
Jim Mosher expressed concern that VNB was called the marketing arm of the City and discussed
the need for oversight.
City Clerk Brown read the ballot votes for the VNB Executive Committee as follows:
Doug Wood — Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Jim Mosher — Council Member Peotter
City Clerk Brown announced that Doug Wood was appointed to the VNB Executive Committee for
a term that expires on December 14, 2019.
XX. MOTION FOR RECONSIDERATION - None,
XXI. ADJOURNMENT - 8:41 p.m.
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
June 8, 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 June 9, 2017, at 11:50 a.m.
City Clerk
r V V
Mayor
Volume 63 - Page 305