HomeMy WebLinkAbout10/24/2017 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
October 24, 2017
ROLL CALL - 4:00 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
SSI. Clarification of Items on the Consent Calendar - None
SS2. Presentation to Burr -White Realty on its 50th Anniversary in Newport Beach
Council Member Dixon read the proclamation and presented it to Craig Batley.
SS3. Update on Traffic Signal Modernization and Technology
Principal Civil Engineer Sommers utilized a PowerPoint presentation to discuss the City's
traffic signal system, the field components, traffic signal operations, various timing methods,
challenges to efficient traffic flow, signal technology, benefits of today's system, current
improvements, system improvements being studied, future technology, and how to prepare for
the future.
In response to Council questions, Principal Civil Engineer Sommers displayed the location map,
discussed Bluetooth technology, addressed privacy concerns, explained how the data will be used
to track travel trends to improve traffic flow, indicated that traffic bypass is a component of the
system, provided the timeline for the installation of the BlueTOAD system, explained that this
is different than the Coast Highway Signal Synchronization project, confirmed how advanced
the data is compared to previous intersection counts, discussed how the system could respond
to incidents quicker and assist drivers who are not using navigation tools or applications, and
believed that municipalities and private companies may eventually share information in the
future.
Council Member Dixon thanked Principal Civil Engineer Sommers for his efforts and
commended the signal timing at Pacific Coast Highway and Crystal Cove.
Council Member Peotter thanked staff for their hard work and encouraged using the data to
move toward automatically updating signal timing Citywide.
Jim Mosher asked if the system indicates what direction the vehicles are traveling, if it could be
used in other parts of the City, and if the system is portable and could be relocated to different
locations rather than purchase additional units. He expressed skepticism relative to the
system's ability to keep information totally anonymous.
In response to Mayor Muldoon's question regarding the terms and conditions of the BlueTOAD
agreement, Principal Civil Engineer Sommers and Public Works Director Webb discussed what
information is collected by the system and noted there is State law governing what information
is accessible to municipalities. City Attorney Harp indicated he will review the agreement, see
if there is any provision relative to what information is gathered and how long it is stored, and
will make modifications, if needed, to ensure privacy.
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SS4. Peninsula Crosswalk Study (continued from the 10110117 City Council meeting)
Traffic Engineer Brine utilized a PowerPoint presentation to summarize the crosswalk study,
locations of the intersections studied, crosswalk improvements studied, general and specific
improvements, high -visibility crosswalk striping, and pedestrian caution signs. He also
discussed recommended improvements at specific intersections, California Vehicle Code Section
21950, the various meetings conducted on this topic, and phases involved with the project. He
indicated that the study can be found at newportbeachca.gov/crosswalkstudy.
In response to Council questions, Traffic Engineer Brine discussed pavement striping and
reflective markings, the recommended removal of a parking space near Cassidy's Bar and Grill,
the addition of street lights, and concerns around the Newport Elementary School area.
Jim Mosher noted the contract with Albert Grover & Associates, Inc., mentioned assisting the
City in creating the framework for a crosswalk policy, the study did not evaluate all the
crosswalks on the Balboa Peninsula, and requested clarification about "failure to yield"
statistics and what is counted. Traffic Engineer Brine clarified that the study counted vehicles
that are not yielding to pedestrians or bicycles that are already in the street.
Maureen Cotton, President of the Central Newport Beach Community Association, expressed
her concerns with "failure to yield" traffic, referenced her correspondence, discussed
conversations with Police Chief Lewis, encouraged more enforcement near Newport Elementary
School, believed the palm trees near the school impede the crossing guards' view of oncoming
traffic, and recommended exploring using solar powered push button blinking crosswalks and
utilizing reflective walk sign posts and stop sign posts.
Mayor Pro Tem Duffield commended the effectiveness of the pedestrian improvements on
17th Street between Irvine Avenue and Dover Drive. Traffic Engineer Brine noted that the rapid
flashing beacons are also being used at Via Lido and Via Oporto, and that they are proposing to
use them near Newport Elementary School.
III. PUBLIC COMMENTS
Jim Mosher questioned Council for not requesting clarification on Consent Calendar items (Item SS1),
took issue that no explanation was included with Closed Session Item IV.C, and believed that the memos
requesting minor changes to the recommendation for Item 6 (Bonita Creek Sports Park Pickleball
Courts — Notice of Completion) and Item 7 (Central Avenue Public Dock Project — Notice of Completion)
should amend the agenda.
Mayor Muldoon indicated Council asks questions about Consent Calendar items when the item is before
Council and the appropriate audience is in attendance.
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): 1 matter
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, Brian P. Walter and Peter Brown; Labor
Negotiators.
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Employee Organizations: Newport Beach City Employees Association (NBCEA); Newport Beach
Firefighters Association (NBFA); Newport Beach Police Association (NBPA); Newport Beach Police
Management Association (NBPMA); Newport Beach Lifeguard Management Association (NBLMA);
and Newport Beach Professional and Technical Employee Association (NBPTEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e) (2)): 8 matters
The Newport Beach Police Management Association (NBPMA), the Newport Beach Police
Association (NBPA), the Newport Beach Firefighters Association (NBFA), the Laborers
International Union of North America Local 777 (as affiliated with and on behalf of the Newport
Beach Professional and Technical Employees Association (NBTEA) and Newport Beach City
Employees Association (NBCEA)), on behalf of the current and former members of said unions, as
well as Vladimir Anderson and Robert Salerno, in their individual capacities, are aware of the
United States Court of Appeals for the Ninth Circuit's decision in the case of Flores u. City of San
Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against the City of Newport
Beach related to the calculation and payment of overtime compensation.
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(1)): 1 matter
V. RECESS - 5:10 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon,
Council Member Will O'Neill, Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
Ix. INVOCATION - Council Member Peotter
X. PLEDGE OF ALLEGIANCE - Council Member Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill:
• Announced that the Newport Beach Chamber of Commerce Economic Forecast will be held on
October 27, 2017; the OASIS Senior Center will be holding its 40th Anniversary events November 2-
4, 2017; Boss Baby will be showing on November 3, 2017, in San Miguel Park; and the high school
students who started OC Books on the Run (ocbooksontherun.com) will be at the November 14, 2017
Council meeting, he will be donating 100 books, and encouraged others to donate books to the
organization
• Reminded everyone to drive safely on Halloween
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Council Member Dixon:
• Attended the Fire Department promotional ceremony earlier today, along with all of Council
• Announced that the sculpture exhibit in the Civic Center Park will open on October 28, 2017
• Requested a future report from the City Manager relative to how the City can be prepared for
changes in the homeless population due to the possible anti -camping laws being proposed for the
Santa Ana River area
Council Member Peotter:
• Requested and received confirmation from City Manager Kiff that the Corona del Mar Fire Station
and Library project can be re -bid for its current location and will not need Council approval prior to
going out to re -bid
Council Member Herdman:
• Announced that the pickleball courts at Bonita Canyon Sports Park are officially open; the Newport
Beach Animal Shelter will be holding a Halloween costume contest for dogs at Marina Park on
October 28, 2017; and a Halloween Spooktacular will be held at Grant Howald Park on October 28,
2017
Council Member Avery:
• Attended the Fire Department promotional ceremony earlier today and the Environmental Nature
Center (ENC) Fall Fair
Mayor Muldoon:
• Read and presented the National Nurse Practitioner Week Proclamation to Taylor
Cwiertneiwicz and Danielle Godino
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Referencing his comments from Study Session, Jim Mosher reiterated his belief that Council Members
have either had no questions regarding Consent Calendar items or had them answered at another time.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 10, 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
3. Resolution Affirming the City Manager's Authority to Administer and Manage the City's
Employee Deferred Compensation and Health Savings Plans and Authority to Sign
Related Contracts (C-7418-1) (continued from the 10/10/17 City Council meeting) [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; and
b) Adopt Resolution No. 2017-65, A Resolution of the City Council of the City of Newport Beach,
California, Affirming the City Manager's Authority to Administer and Manage the City's
457 Plan and Retirement Health Savings Plan.
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4. Adopt a Resolution Supporting an Application by the City of Irvine for the OCTA
Measure M2 Regional Traffic Signal Synchronization Program for the Culver Drive -
Bonita Canyon Drive Project [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. 2017-67, A Resolution of the City Council of the City of Newport Beach,
California, Supporting an Application by the City of Irvine for the Orange County Transportation
Authority's Measure M2 Traffic Signal Synchronization Program Funding for the Culver Drive
- Bonita Canyon Drive Corridor Synchronization Project.
Mayor Muldoon recused himself from Item 4 due to his employment.
5. Resolution Authorizing CalRecycle Rubberized Pavement Grant Program Application
(C-8526-1) [381100-20171
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. 2017-68, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Application(s) for All CalRecycle Grants for which the City
of Newport Beach is Eligible.
CONTRACTS AND AGREEMENTS
6. Bonita Canyon Sports Park Pickleball Courts - Notice of Completion for Contract
No. 8130-2 (Project No. 17P12) [38/100-2017]
a) On April 25, 2017, City Council found this action exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) based on the project is a
minor alteration of a public facility involving negligible expansion 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) 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;
c) Release Faithful Performance Bond one (1) year after acceptance by the City Council; and
d) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
Central Avenue Public Dock Project - Notice of Completion for Contract No. 8197-1
(Project No. 17H12) [381100-20171
a) On April 11, 2017, City Council found this action exempt from the California Environmental
Quality Act (CEQA) pursuant to Class 4 Section 15303 Class 3 New construction or Conversion
of Small Structures 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) 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;
c) Release Faithful Performance Bond one (1) year after acceptance by the City Council; and
d) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
8. Corporation Yards Painting Project -Award of Contract No. 7153-1 (18F02) [381100-2017]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Minor Alteration of Existing Public Facilities with Negligible Expansion) 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;
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c) Declare the bid submitted by Harry H. Joh Construction as non-responsive and reject the bid
submitted by Harry H. Joh Construction;
d) Declare TL Veterans Construction, Inc. as the low responsive bidder;
e) Award Contract No. 7153-1 to TL Veterans Construction, Inc. for the total bid price of
$570,000.00, and authorize the Mayor and City Clerk to execute the contract; and
f) Establish a contingency of $57,000.00 (10 percent) to cover the cost of work not included in the
original contract.
Approval of Purchase of B1ueTOAD Bluetooth Traffic Monitoring System (C-8527-1)
[38/100-2017]
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;
b) Approve Econolite, Inc. of Anaheim, California, via Single Source Selection for procurement of
the BlueTOAD traffic monitoring system and Econolite Centracs related software module; and
c) Authorize the City Manager to execute a Professional Services Agreement with Econolite, Inc.
of Anaheim, California, for the procurement of the B1ueTOAD traffic monitoring system for a
not to exceed fee of $119,151.21.
10. Marina Management Services - Amendment to Agreement with Basin Marine and
Budget Amendment (C-6333) [38/100-2017]
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;
b) Approve Budget Amendment No. 18BA-009 appropriating $137,700 from the Tidelands Fund
unappropriated fund balance to Account 1008014-811044 for Marina Management Services at
Marina Park for the balance of FY 2017-18; and
c) Approve Amendment No. 1 to the Professional Services Agreement with Basin Marine, Inc. to
extend the term to December 31, 2018, and increase compensation by $214,200, for a total
contract value of $581,400, for Marina Management Services at Marina Park.
MISCELLANEOUS
11. Planning Commission Agenda for the October 19, 2017 Meeting [100-2017]
Receive and file.
12. Appointments to the Aviation Committee [24/100-2017]
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) Confirm Council Member Avery's appointment of Charles (Steve) Byers as the District 2
Representative Member to the Aviation Committee; and
c) Confirm Council Member Herdman's appointment of Patricia Janssen as the District 5
Alternate Member to the Aviation Committee.
13. Balboa Peninsula Pedestrian Crossing Study (C-8205-1) (continued from the 10/10/17 City
Council meeting) [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) Receive and file the study; and
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c) Direct staff to prepare plans and specifications for the implementation of signing and striping
improvements at uncontrolled crosswalks on the Balboa Peninsula, per the recommendations
outlined in the Study. In addition, include funding in the FY 18/19 Capital Improvement Budget
for sidewalk bulb -out installations and a flashing beacon installation.
Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the recusal by Mayor Muldoon on Item 4, the amendments to the
recommendations for Items 6 and 7, and the submission of the agreement for Item 9.
The motion carried by the following roll call vote:
Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XV. ITEM REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Nancy Gardner, Friends of the Newport Beach Animal Shelter (FONBAS), announced that their Howl -
O -Ween costume event for dogs will be held on October 28, 2017, at Marina Park from 10:00 a.m. to
noon, and highlighted the judging categories.
Roberta Buchanan discussed coyote concerns in her neighborhood, announced that there are coyote dens
below Castaways, took issue that the City is concerned more with sea lions than coyotes, and believed
the City needs a comprehensive plan to deal with this issue.
Lenore Pittman expressed coyotes concerns for the pets and children in her neighborhood and agreed
with Ms. Buchanan about the immediate need for a plan.
Jim Mosher discussed, with concern, details of the Civic Center audit and process, and asked if Council
believed the matter is concluded, when this was decided and the vote, where the final audit report is,
the cost of the audit, where he could locate the settlement agreement, and what the City learned and
how that knowledge will be preserved for the future.
City Attorney Harp explained the audit process, why it was not reported until after the settlement was
made, the use of the draft report as being the formal audit, and the cost of the audit and amount of the
settlement. He noted that the public can view the settlement agreement and previous staff reports
related to the audit. Mayor Muldoon believed that what was learned most from the audit was that
government must have restrictions to control spending and pointed out that the current City Council is
working on creating a Charter amendment that would restrict the amount of debt that could be issued
without voter approval.
In response to Council Member Peotter's question, City Attorney Harp confirmed that the settlement
agreement does not include a confidentiality provision to restrict Council Members from stating opinions
about the audit or settlement agreement.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. PUBLIC HEARING
14. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150)
(C-4145) [381100-2017]
In response to Council Member O'Neill's question, Assistant Planner Whelan reported that out of
the 204 beds allowed pursuant to the agreement, 43 are occupied.
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Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Peotter, seconded by Council Member Dixon, to a) find this
review exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15321
(Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the
City and has no potential to have a significant effect on the environment; b) find that Sober Living
by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation
and Benefit Agreement; and c) receive and file documents submitted by Sober Living by the Sea to
demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit
Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
XIX. CURRENT BUSINESS
15. Ocean Piers Maintenance Project — Award of Contract No. 7126-1 (17H03) [38/100-2017]
Deputy Public Works Director Vukojevic utilized a PowerPoint presentation to highlight the pier
inspection process, how piers can be damaged, the damage that occurred October 17-18, 2017, the
constant corrosive marine environment, previous ocean piers maintenance projects, and the current
proposed project. He discussed the bid process and announced that the work will be started later
this year, if approved.
In response to Council questions, Deputy Public Works Director Vukojevic reported that the repairs
in 2002 were for concrete decking and indicated various maintenance projects are conducted every
two years. He discussed what was done recently to stabilize the Balboa Pier and displayed a video
to show what broke during the last storm. He also reported on the sewage spill and announced that
Ruby's Diner was able to open later that same day.
Mayor Pro Tem Duffield stated he will talk with Public Works about using composite piles in lieu of
wood piles.
Motion by Council Member O'Neill, seconded by Council Member Duffield, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301
(minor alteration of existing public facilities with negligible expansion) 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. 7126-1 to John S. Meek Company Inc. for the total bid price of $1,182,395.00, and authorize the
Mayor and City Clerk to execute the Contract; d) establish an amount of $236,000 (20%) to cover
the cost of unforeseen work not included in the original contract; e) authorize the City Manager to
execute an Amendment on a form acceptable to the City Attorney to the current Professional
Services Agreement with COWI Marine North America Inc. for up to $50,000 for additional design,
inspection and construction support services that may be necessary to execute the construction
contract; and fj approve Budget Amendment No. 18BA-010 appropriating $937,000 from Tidelands
Capital Fund unappropriated fund balance to Account No. 10101-980000-17H03 (Ocean Piers
Maintenance and Repairs Project).
The motion carried by the following roll call vote:
Ayes: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council
Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
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XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 7:41 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
October 19, 2017, at 4:00 p.m
J
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