HomeMy WebLinkAbout01 - MinutesSeptember 12, 2017
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
August 8, 2017
I. ROLL CALL - 5:30 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Proclamation for International Literacy Day
Literacy Coordinator Weiss discussed the literacy program and positive outcomes. Mayor
Muldoon read and presented the proclamation to Library Coordinator Weiss.
SS3. Trauma Intervention Program (TIP) of Orange County
Fire EMC Division Chief Thompson and Police Sgt. Moore utilized a PowerPoint presentation
to describe the TIP program (tiporangecounty.org) and how it assists the Fire and Police
Departments and Newport Beach residents and visitors.
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.
IV. CLOSED SESSION - Council Chambers Conference Room
A. 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; Labor Negotiators
Employee Organizations: Newport Beach Police Association (NBPA)
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(1)): 1 matter
V. RECESSED - 5:51 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
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VIII. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
IX. PLEDGE OF ALLEGIANCE - Council Member Peotter
X. INVOCATION - Council Member Herdman
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill:
Attended Community Development Director Brandt's retirement event, National Night Out at
Bonita Canyon Sports Park and Spyglass Hill Park, Fashion Island's 50th Anniversary event, and
the Concert on the Green
Announced his office hours (Thursdays from 8:00 a.m. to 10 a.m. in the Newport Coast Community
Center)
Encouraged everyone to attend the OASIS Senior Center's Talent Show being held on August 23,
2017
Council Member Dixon: Is
Announced that the City Arts Commission is working on the next phase of the Civic Center
Sculpture Garden and discussed the process
Discussed the Fire Medics Program OF-144W
Council Member Herdman:
Attended the West Newport Beach Association meeting, Community Development Director
Brandt's retirement event, the public meeting relative to seawalls, the Orange County Fair dinner
for elected officials, National Night Out at Spyglass Hill Park, the Newport Beach Junior
Lifeguard's Monster Mile event, the Water Quality/Coastal Tidelands Committee meeting,
Fashion Island's 50th Anniversary event, and the Annual Balboa Island Sandcastle Contest
Took a tour of the Big Canyon Reservoir
Spoke at the Balboa Island Improvement Association meeting
Announced he met with Evelyn Hart, member of the Friends of the Newport Beach Animal Shelter
Board, about raising funds to support the animal shelter
Mayor Pro Tem Duffield:
Discussed the Harbormaster pilot program
Mayor Muldoon:
Attended Fashion Island's 50th Anniversary event
Requested a future Study Session item relative to working with the Friends of Newport Beach
Animal Shelter to use revenue from dog license fees to assist with shelter funding.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 25, 2017 City Council Meeting [100-2017]
Waive reading of subject minutes, approve as amended, and order filed.
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City of Newport Beach
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August 8, 2017
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
ORDINANCES FOR ADOPTION
3. Second Reading of Ordinance No. 2017-11 Establishing Regulations Regarding
Accessory Dwelling Units (PA2017-069) [100-2017]
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2
of the Government Code are exempt from the requirements of CEQA; and
b) Conduct second reading and adopt Ordinance No. 2017-11, An Ordinance of the City of Newport
Beach, California, adopting Zoning Code Amendment No. CA2017-003 to Implement New State
Law Requirements Relating to Accessory Dwelling Units (PA2017-069).
4. Second Reading of Ordinance 2017-12 Establishing a Pilot Program Allowing A -Frame
Signs in Lido Marina Village (PA2014-054) [100-2017]
a) Find the project is categorically exempt under Section 15303, of the State CEQA (California
Environmental Quality Act) Guidelines — Class 3 (Construction or Conversion of Small
Structures); and
b) Conduct second reading and adopt Ordinance No. 2017-12, An Interim Ordinance of the City
Council of the City of Newport Beach, California, Allowing A -Frame Signs in Lido Marina
Village.
CONTRACTS AND AGREEMENTS
7. Big Canyon Reservoir Flow Metering Vault and Treatment Improvements — Award of
Contract No. 6104 (16W13) [38/100-2017]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 (c) Class 2, (replacement or reconstruction of existing utility systems 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) Approve the project plans and specifications;
c) Award Contract No. 6104 to Schuler Constructors, Inc. for the total bid amount of
$1,610,500.00, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $161,000.00 (approximately 10% of Total Bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 18BA-003 appropriating $200,000.00 from the Water Capital
Fund (Non Master Plan) to Account No. 70201932-980000-16W13 for Big Canyon Reservoir
Flow Metering Vault and Treatment Improvements.
8. Amended Final Tract Map No. 17772A and Amendment No. One to Subdivisions
Agreement for 81 -Unit Residential Condominium Development Located at
1560 Placentia Avenue (C-8206-1) [38/100-2017]
a) Find that all significant environmental concerns for the proposed project have been addressed
in the previously adopted Ebb Tide Residential Mitigated Negative Declaration
(SCH#2015071007) (MND). Amended Final Tract Map No. 17772A and amendment to the
Subdivision Agreement, including the Rider to its construction securities, are within the scope
of the previously adopted MND in accordance with the California Environmental Quality Act
(CEQA);
b) Review and approve Amended Final Tract Map No. 17772A located at 1560 Placentia Avenue
pursuant to Section 19.60.010 of the Municipal Code;
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c) Review and approve Amendment No. One to the Subdivision Agreement for Amended Final
Tract No. 17772A pursuant to Section 19.36.010 of the Municipal Code, and authorize the
Mayor and City Clerk to execute Amendment No. One to the Subdivision Agreement; and
d) Review and approve the Rider to the construction securities for Amended Final Tract
No. 17772A pursuant to Section 19.36.030 of the Municipal Code, and authorize the inclusion
of the Rider in Amendment No. One to the Subdivision Agreement.
City Manager Kiff reported he has not been involved in any discussions relative to
Item 8 since his partner has a business interest associated with the item.
9. Irvine Avenue Pavement Rehabilitation Project — Approval of Professional Services
Agreement with Stantec Consulting Services, Inc. (17R21) (C-8515-1) [38/100-20171
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) Approve a Professional Services Agreement with Stantec Consulting Services, Inc. of Irvine,
California, for the Irvine Avenue Pavement Rehabilitation project at a not -to -exceed price of
$198,188.00, and authorize the Mayor and City Clerk to execute the Agreement.
10. Approve Professional Services Agreement with Mark Thomas and Company for the
Bayside Drive Improvement Project — Contract No. 6406 (16R12) [38/100-20171
a) Determine that the action is exempt from 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 because it will not result in a
physical change to the environment, directly or indirectly; and
b) Approve amended Professional Services Agreement with Mark Thomas and Co. of Irvine,
California, for a design and construction support services at a not -to -exceed fee of $352,751.00,
and authorize the Mayor and City Clerk to execute the Agreement.
kk
11. Approval of Amendment No. 1 to the Professional Services Agreement with Willdan
Engineering for On -Call Transportation Engineering Staff Services (C-8032-1) [38/100-
20171
a) Determine that the 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 Amendment No. 1 to the current Professional Services Agreement with Willdan
Engineering for on-call Transportation Engineering Staff Services. Add $150,000 to the
agreement and authorize the Mayor and City Clerk to execute Amendment No. 1 of the
Agreement
12. Approval and Award of Agreement to Zebron Contracting, Inc. for As -Needed Sewer
Manhole Lining Services (C-8516-1) [38/100-20171
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) Approve the agreements with Zebron Contracting, Inc. for as -needed sewer manhole lining
services for a three-year term, and authorize the Mayor and City Clerk to execute the
agreements.
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13. Request for Waiver of City Council Policy L-6 at 2209 Private Road (C-8517-1) [38/100-
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) Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow the
existing six-foot high concrete block wall and appurtenances that encroach into the Private
Road public right-of-way to remain in place, contingent upon all conditions of the
Encroachment Permit process being met; 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.
MISCELLANEOUS
14. Pending Coastal Development Permit Waivers for De Minimis Development Located at
128 40th Street (PA2017-081) and 216 Evening Canyon Road (PA2017-098) [100-2017]
a) Determine this action is not a project as defined and 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 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. This action will result in no Coastal Development Permit (CDP) being
processed for the proposed developments.
15. Confirmation of Appointment to the Newport Beach Restaurant Association Business
Improvement District Advisory Board of Directors [24/100-2017]
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
b) Appoint Thaddeus Foret, representing The Winery Restaurant and Wine Bar, as the eleventh
member to the NBRA BID Advisory Board of Directors for term ending June 30, 2018.
Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the
Consent Calendar, except for the items removed (Items 5, 6 and 16); and noting the amendment to the
contract amount in Item 10.
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
5. Non -Exclusive Solid Waste Franchises [42/100-2017]
City Manager Kiff suggested, if Council Member Peotter wanted to continue Resolution
No. 2017-52, the City Council still approve recommendations a and c so the public hearing could
be scheduled and staff could work on any issues raised.
Council Member Peotter believed the proposed agreement may interfere with how the haulers
conduct business and expressed concern regarding the term of the agreement.
Moved by Council Member Peotter, seconded by Mayor Muldoon, 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) continue Resolution No. 2017-52, A Resolution of the
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August 8, 2017
City Council of the City of Newport Beach, California, Approving a Model Agreement Template for
Non -Exclusive Solid Waste Franchises, to the September 12, 2017 City Council meeting; and
c) adopt Resolution No. 2017-53, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting
Non -Exclusive Solid Waste Franchises.
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
6. Resolution Amending the Capital Improvement Program Budget to Include Funding
from the Road Repair and Accountability Act of 2017 (RMRA) and Budget Amendment
No. 18BA-002 [100-2017]
City Manager Kiff reported that, under Senate Bill 1 (SB 1), cities are required to submit projects
to the State that could be eligible for SB 1 funding. Deputy Public Works Director Vukojevic added
that funding is controlled by the California Transportation Commission and the deadline to submit
projects is in October.
In response to Council concerns, City Manager Kiff confirmed that submitting projects to the State
is not an endorsement of SB 1 by the City, but a way to bring the funds back to the taxpayers.
Motion by Council Member Peotter, seconded by Council Member Dixon, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; and b) approve Resolution No. 2017-54, A
Resolution of the City Council or the City of Newport Beach, California, Amending the Adopted
Capital Improvement Program Budget for Fiscal Year 2017-18 to Include Road Maintenance and
Rehabilitation Account (RMRA) Funding Under the Road Repair and Accountability Act of 2017 —
Local Streets and Roads Program and Approving Budget Amendment No. 18BA-002, increasing
revenue estimates by $481,309.00 in Account 12101-431127 and appropriating $481,309.00 to
Account 12101110-980000-181123 for MacArthur Boulevard/University Drive Pavement
Rehabilitation project.
Council Member O'Neill, Council Member Herdman, and Mayor Muldoon explained their reasons
for casting "no" votes.
The motion failed by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon
Nays: Council Member Herdman, Council Member Peotter, Council Member O'Neill, Mayor Pro
Tem Duffield, Mayor Muldoon
16. City Position in Opposition to SB 54 (de Leon), Relating to Law Enforcement
Cooperation with Federal Immigration Officers [100-2017]
City Manager Kiff provided the staff report and Police Chief Lewis highlighted the concerns of law
enforcement throughout the State.
The following individuals expressed support for the City sending a letter in opposition to SB 54
and provided their reasons:
Betty Robinson
Denise Aliberti
Dr. Newman
Steve Serra
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Motion by Council Member Peotter, seconded by Council Member Herdman, 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 City Manager to send a
letter in opposition to SB 54 (de Leon), relating to law enforcement cooperation with
US Immigration officers.
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
Ty Hansen requested that the City look into why the storage facility fire at 16th Street and Monrovia
Avenue occurred on November 11, 2016.
Tina Rufo, Alzheimer's Orange County, provided a handout and invited everyone to attend Walk 4 Alz
(www.alzoc.org/walk; 844-435-7259).
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. CURRENT BUSINESS
17. Appointments of New City Arts Commissioners to Fill Unscheduled Vacancies [24/100-
2017]
City Clerk Brown provided the staff report and read the ballot votes as follows:
Barbara Gladman — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon
Marie Little — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon
Seeing that both nominees received the same number of votes, Mayor Muldoon flipped a coin to
determine the terms for the City Arts Commissioners.
Motion by Mayor Muldoon, seconded by Council Member Peotter, to a) determine that the
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change
to the environment, directly or indirectly; and b) appoint Marie Little to serve on the City Arts
Commission for a term expiring June 30, 2020, and Barbara Glabman to serve on the City Arts
Commission for a term expiring June 30, 2021.
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
18. City Council Policy Update 2017 [100-2017]
Jim Mosher provided comments relative to City Council Policies D-5 (City Websites) and I-1
(Library Service Policy), and Resolution No. 2017-55, and suggested that consideration of the policy
update be continued to the September meeting to allow for further review. He also discussed the
Parks, Beaches and Recreation Commission's powers and duties, and took issue with changing
policies related to them without receiving their input.
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August 8, 2017
Judy Chang, Chair of the City Arts Commission, referenced City Council Policy I-13 (Public Arts
and Cultural Facilities Fund), the use of funds, and the importance of art in the City. She
expressed concern with eliminating the policy and requested that the item be continued.
Arlene Greer, Vice Chair of the City of Arts Commission, concurred with Ms. Chang's comments.
Council Member O'Neill noted that the annual policy review was not always conducted as set forth
in City Council Policy D-3 (Council Policy Review), discussed the policy update process for the
128 policies, highlighted some of the outdated policies, and reported that the subcommittee
recommended eliminating 32 policies, which equated to 78 pages and over 12,000 words. He
explained why he believed the City Arts Commission and Board of Library Trustees have more
freedom through the suggested changes, and added the changes also assists staff to do their job.
He emphasized that Council supports the arts. Regarding City Council Policy I-13, he reviewed
the art programs and projects that already take place without the use of City Council Policy 1-13
funds, and pointed out the City provides more funding than is stated in City Council Policy I-10
(Financial Support for Cultural Arts) using General Fund and Visit Newport Beach (VNB) fund
money. He emphasized the need to update and fund the Facilities Financing Plan (FFP) which is
for core infrastructure. He reported that the subcommittee recommended eliminating City Council
Policy I-13 because the City does not have art and cultural facilities and suggested the funds be
used for infrastructure improvements. 1W
Council Member Peotter thanked everyone for their hard work.
Council Member Herdman thanked everyone for their hard work, but suggested that future
revisions not be provided to Council all at once.
In response to Council questions, Assistant City Attorney Torres and Assistant City Manager
Jacobs indicated that a Council Member can request a policy to be placed on the agenda for review
pursuant to City Council Policy A-6 (Open Meeting Policies) (proposed to be changed to City Council
Policy A-1) or contact the City Manager's Office or City Attorney's Office; reviewed the rationale
to the change in City Council Policy B-9 (Naming of City Parks & Facilities); and explained the
changes to City Council Policy B-13 (Public Use of City Facilities) and City Council Policy D-5 (City
Websites).
Council Member Dixon commended the subcommittee and suggested establishing criteria for the
naming of parks.
Council Member Avery encouraged the City Arts Commission to also seek funding from the private
sector. He commended staff and the subcommittee, especially Council Member O'Neill.
Regarding City Council Policy B-9, Council Member Herdman believed it needs further work in
order to assist the Parks, Beaches and Recreation Commission with requests. Council Member
O'Neill encouraged Council Members Dixon and Herdman to formulate criteria.
Motion by Council Member O'Neill, seconded by Council Member Peotter, 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. 2017-55, AResolution of
the City Council of the City of Newport Beach, California, Adopting Revised City Council Policies,
including amended City Council Policy D-5 as submitted at the meeting; c) provide direction to
staff and the City's Finance Committee to review the Finance "F" Policies for future City Council
consideration; d) provide direction to staff and the Harbor Commission to review the Harbor and
Beaches "H" Policies for future City Council consideration; and e) provide direction to staff and the
Planning Commission to review the Public Works/Traffic/Utilities "L" Policies for future City
Council consideration.
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August 8, 2017
Council Member Dixon noted that about $250,000 was budgeted this fiscal year for arts from
various sources, not City Council Policy I-13 funds; the current budget does not cover new
community programs; and original intent for creating City Council Policy I-13 was to take over the
Balboa Village Theater. She expressed her appreciation to the City Arts Commission, but
encouraged them to seek more community funding support.
Council Member Herdman noted that he will be supporting the motion, but is not in favor of the
recommendations associated with City Council Policies D-3 and I-13.
Mayor Muldoon emphasized that City Council Polices are guiding principles, not meant to be "the
law of the land."
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
19. Balboa Island Seawall Coping Extension — Update and Status Report, Contract No. 7066-
1 (151111) [38/100-20171
VFW=
Council Member Herdman recused himself due to real property interest.
Assistant City Engineer Stein utilized a PowerPoint presentation to display photos during high
tides and discussed the proposed improvements, wall elevations, the concrete cap
extension/gap/stop board design, construction considerations, and recommendations.
In response to Council questions, Deputy Public Works Director Vukojevic, Assistant City
Engineer Stein, and City Manager Kiff discussed the difference between the initial budget
compared to the cost for this project, anticipated work on the west end of Balboa Island, structural
integrity and annual monitoring of the seawalls, and use of seawalls to deal with issues associated
with currents and swells, not sea level rise; and reported that the Municipal Operations
Department conducts seawall repairs annually and that planning for future seawall replacement
will take time but will allow the City to accrue money for such a project.
Mayor Pro Tem Duffield commended staff and expressed support for the recommendation. He
received confirmation that this improvement would not reduce Federal Emergency Management
Agency (FEMA) insurance premiums since FEMA looks for at least two -feet of freeboard.
Council Member Peotter expressed support for the project, but concern with using bolts near the
waterfront.
In response to Jim Mosher's comments, Assistant City Engineer Stein indicated that the slotted
design for the gaps/stop boards would not be used due to concerns with the seal and the slots
collecting debris. He added that the bolt design and other similar designs are more secure and
easy to install, and that the gaps will be placed adjacent to the boardwalk, not ocean facing.
Kathleen Andrews, a geologist, expressed concern with sea level rise and recommended that the
City become involved with the Citizens' Climate Lobby. She encouraged continued savings for
future seawall projects.
Craig Smith expressed support for the project, but believed the City needs to address climate
change. He suggested adopting a resolution that states the City is concerned about climate change
and wants Congress to enact legislation to address the root causes.
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August 8, 2017
Regarding seawalls located on the Peninsula, Assistant City Engineer Stein discussed a project in
design phase between Lindo Avenue and Island Avenue to raise the 160 -foot wide wall to 9 -feet.
He added that staff is working with FEMA on ocean side flooding concerns and evaluating the bay
side. Deputy Public Works Director Vukojevic discussed Citywide seawall repair and maintenance,
and reported the Peninsula seawall project was a result of information garnered from community
meetings over the past five years.
Motion by Council Member O'Neill, seconded by Council Member Peotter, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301
under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment; and b) authorize staff to advertise and publicly bid the
project for construction, which will add an approximate 9 -inch high concrete cap to the existing
seawall on the north, south and west sides of Balboa Island.
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
XIX. MOTION FOR RECONSIDERATION - None WV
XX. ADJOURNMENT - 8:56 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
August 3, 2017, at 4:00 p.m. 0
Leilani I. Brown
City Clerk
Kevin Muldoon
Mayor
Volume 63 - Page 345
CITY OF NEWPORT BEACH
City Council Minutes
Closed Session and Special Meeting
August 31, 2017
I. ROLL CALL - 4:00 p.m.
Present: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
II. PUBLIC COMMENTS
Jim Mosher believed that current Closed Session agendas do not provide enough descriptive information
for the public and referenced two separate Closed Session agendas rom 2009 and 2010 as examples. He
recommended going back to the agenda procedures from the p
III. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
IV. RECESS - 4:03 p.m.1W'
V. RECONVENED AT 5:00 P.M. FOR SPECIAL MEETING
VI. ROLL CALL
Present: Council Member Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
VII. PLEDGE OF ALLEGIANCE - Council Member Herdman
VIII. INVOCATION - Council Member Peotter
IX. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
X. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher commended the City Clerk's Office for the new and improved public records request
procedures, the Notice of Determination letter process, and the updated records request page on the
City's website.
XI. CURRENT BUSINESS
Mayor Muldoon explained his reasons for opposing Item 6 [Resolution Amending the Capital
Improvement Program Budget to Include Funding from the Road Repair and Accountability Act of 2017
(RMRA) and Budget Amendment No. 18BA-002] at the August 8, 2017 City Council meeting. He
indicated that he received many emails from his constituents asking him to reconsider and bring this
item back to Council for another vote. He reported that this was the reason he called the special meeting.
In addition, he stated the most effective way to send a message to Sacramento is to support the initiative
to repeal the gas tax and indicated he would be donating $1,000.00 to this initiative. He invited his
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Council colleagues to do the same in helping him achieve his goal of raising a minimum of $20,000.00
in private donations.
Council Member Herdman stated the reasons he originally was going to vote to approve Resolution
No. 2017-54 at the August 8, 2017 meeting and summarized the logistics of the Road Repair and
Accountability Act of 2017.
Motion by Council Member Herdman, seconded by Council Member Peotter, to bring back
Item 6 [Resolution Amending the Capital Improvement Program Budget to Include Funding from the
Road Repair and Accountability Act of 2017 (RMRA) and Budget Amendment No. 18BA-002] from the
August 8, 2017 City Council meeting for reconsideration at this meeting.
Council Member Peotter voiced his approval of the example of representative government that has
occurred with this item. He discussed his reasoning for originally voting against this item at the
August 8, 2017 meeting and believed the gas tax is still bad policy, but he has changed his mind and
will be voting to approve Resolution No. 2017-54.
City Attorney Harp confirmed that public comments would be taken two times for this item — once for
the Motion to Reconsider and then again for the item itself.
Susan Skinner indicated that she was pleased Council changed its mind and made additional remarks
on the mailers sent out by Mayor Muldoon and Mayor Pro Tem Duffield.
Marilyn Brewer thanked Council Member Dixon and Council Member Avery for originally voting to
approve this item and thanked Council Member Herdman for making the motion to reconsider the item.
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
Mayor Muldoon thanked the Council and citizens for their input, attendance and patience regarding
this issue.
Motion by Council Member Dixon, seconded by Council Member Herdman, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060( c )(2) and 15060( c )(3) of the CEQA Guidelines because it will not result in a physical change to
the environment, directly or indirectly; and b) adopt amended Resolution No. 2017-54, A Resolution of
the City Council or the City of Newport Beach, California, Amending the Adopted Capital Improvement
Program Budget for Fiscal Year 2017-18 to Include Road Maintenance and Rehabilitation Account
(RMRA) Funding Under the Road Repair and Accountability Act of 2017 - Local Streets and Roads
Program and Approving Budget Amendment No. 18BA-002, increasing revenue estimates by
$481,309.00 in Account 12101-431127 and appropriating $481,309.00 to Account 12101110-980000-
18R23 for MacArthur Boulevard/University Drive Pavement Rehabilitation project.
Council Member Dixon suggested amending Resolution No. 2017-54 to include the following provisions:
The City Council does not support SBI or any future increase in fuel excise and sales taxes or vehicle
registration fees that may arise from its adoption; City taxpayers contributed to funding RMRA, and the
City is eligible for an apportionment of RMRA funding; the City Council is willing to accept its
apportionment of RMRA funding to recover the intended benefit of taxes paid by City taxpayers and to
continue to maintain and improve City streets; the City Council's acceptance of RMRA funding is not
intended to be an endorsement of SB 1 or any future increase in fuel excise and sales taxes or vehicle
registration fees.
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City of Newport Beach
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Mayor Pro Tem Duffield indicated he would be changing his original vote on this item and contributing
$1,000.00 to the gas tax repeal initiative. He believed that due to the poor financial decisions of the
State of California and the taxes being placed on hard working citizens, manufacturing businesses are
leaving the State. He thanked all the constituents for their emails and reminded them that Council
listens to their requests.
Mayor Muldoon expressed his disappointment that green energy businesses are vacating the State of
California.
Council Member Avery explained the reasons he voted to approve this item at the August 8, 2017
meeting and indicated he completely understood the decisions made by the other Council Members that
did not support the item.
Council Member Herdman summarized the rules of decorum from City Council Policy A-1 and asked
that, in the future, Council be given more than three days to study this type of item to prevent Council
from having to make a hurried decision.
Mayor Muldoon clarified that this item is a perfect example of why Council is allowed to request
continuance for agenda items to future meetings.
Nancy Skinner agreed with Council Member Herdman's comment regarding the lack of time Council
has to study certain items on the agenda and thanked Council for taking the time to bring this item
back for reconsideration.
Jim Mosher commented on City Council Policy A-1 regarding the timeframe for written comments that
Council receives, the amendments to Resolution No. 2017-54, and not utilizing public funds to support
the initiative to repeal SB 1.
Gail Demers thanked Council for reconsidering the item and expressed the hardship that taxes have on
the citizens of Newport Beach.
Council Member Dixon commented on the impact of democracy in the community and reminded
constituents that every voice does matter in local government. She indicated that she was very proud
of her colleagues and that she would be donating $1000.00 to the initiative to repeal the gas tax.
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
XII. MOTION FOR RECONSIDERATION - None
XIII. ADJOURNMENT - 5:33 p.m.
The special 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
August 30, 2017, at 4:00 p.m.
Leilani I. Brown, City Clerk
Kevin Muldoon, Mayor
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