HomeMy WebLinkAbout11/14/2017 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
November 14, 2017
I. 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
SS1. Clarification of Items on the Consent Calendar - None
SS2. Recognition to OC Books on the Run
Molly Boyle, Isabelle Searles and Kimi Reddy discussed the program and goal, and reported
that they applied for a grant to expand its outreach. Council Member O'Neill presented a
certificate and reported he has over 150 books to donate to the program tonight.
SS3. Comprehensive General Plan Update (PA2017-141)
Community Development Director Jurjis and Deputy Community Development Director
Campbell utilized a PowerPoint presentation to discuss the process and framework, explain
what a General Plan is and why conducting an update is being recommended„ discussed the
update process, emphasized the need for community outreach, highlighted the duties of the
Steering Committee and General Plan Advisory Committee (GPAC), reported on how the
committees and the community will work together, how the consultant will be selected and its
responsibilities, and discussed the goals, policy review, community concerns/issues, and the
anticipated timeline.
Mayor Muldoon discussed GPAC's and the Steering Committee's composition and
responsibilities, and reported that, as the Mayor, he would like to appoint former Mayor Nancy
Gardner as the GPAC Chair. He noted that the timeline is flexible, but expressed concern about
information becoming outdated if the timeline is extended. City Manager Kiff suggested
completing the environmental review document toward the end of the process so community
input is reflected in the document and the information is still viable by the election.
Nancy Gardner commended Council for its commitment to community involvement,
emphasizing how important it is in this process.
Dennis Baker asked if all the data and numbers from the General Plan are up to date.
Jim Mosher suggested printing hard copies of the current General Plan, believing that the web
version is cumbersome. He noted that the Housing Element was not supposed to be updated
yet and questioned what happens if new State mandates are enacted after the City adopts a new
General Plan. He suggested creating a blue ribbon committee made up of citizens, business
owners and other stakeholders to review why the General Plan needs to be updated and which
parts should be updated.
Susan Skinner requested transparency about what will be added to the General Plan, took issue
with previous ballot questions, and requested that the ballot question contain the amount of
new development that will be allowed.
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Dorothy Kraus, Vice President of Stop Polluting Our Newport (SPON), requested that the City
not rush the process, it make no final commitment to any type of process, and SPON be given
an opportunity to provide input for how/what they would like changed. She noted that SPON
will be meeting on Saturday.
Elaine Linhoff indicated that she was on one of first General Plan committees and felt the 2006
General Plan Update process was staff and consultant driven, not completely reflecting, the
residents' wishes.
David Tanner provided written comments which shared his vision of how he sees the City
evolving. He believed that legislation will be taking away cities' and counties' rights to make
land use decisions and mandate accessory dwelling units that affect existing built -out areas. He
requested the City look at this and take new vehicle technologies into consideration.
Allen Beek expressed hope that the City only spends half of the $2 million on this process.
Peggy Palmer, Coalition to Protect Mariners Mile, explained their goal to prevent the widening
of Pacific Coast Highway, expressed concern about future transportation technology, and
requested the City follow the 2000 Mariners Mile Strategic Vision and Design Framework.
In response to Council questions, Deputy Community Development Director Campbell explained
the last General Plan update process and timeline, the duties of GPUC and GPAC, the approval
process, and voter approval. He reported that, due to the timeline, a committee similar to GPUC
was not being proposed at this time. He indicated that the process can be slowed down, but
confirmed that the Housing Element must be updated by 2021 and, in doing so, begins the
process to amend other elements and the environmental justice. He emphasized that the City
will also need to incorporate the numbers mandated by the Regional Housing Needs Assessment
(RHNA), but there is generally an implementation window. He confirmed that only some areas
may need to be amended, rather than the entire General Plan, but cautioned about piecemealing
the process. He noted that the Housing Element can also be updated through the Newport Beach
Municipal Code (NBMC) and later conduct the comprehensive update in 2025 or 2026. He
reported that he is working on a General Plan guide and will have it for this process, and
believed that the 2006 General Plan is a sound document but the online version can be improved.
He clarified that the ballot question was correct as it provided the net increases and decreases
relative to square footage and traffic counts. He volunteered to meet. with any organization
about the process.
Council Member O'Neill reported on the process that occurred in 2006 and how many citizens,
organizations, Commissions, and meetings were involved prior to going to a vote.
Following discussion, the City Council expressed support for creating a blue ribbon committee.
Mayor Pro Tem Duffield expressed disappointment relative to the Harbor and Bay Element,
believing it needs to be stronger.
Council Member Peotter noted that the City could save $1 million if it does not conduct a
comprehensive General Plan update, and suggested focusing on the harbor.
Mayor Muldoon agreed with conserving resources and funds, but recommended moving forward
to explore the process and begin work on the Harbor and Bay Element.
Staff indicated they would come back during the regular meeting with language changes to the
resolution.
SS4. Harbor Operations Update
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City Manager Ki£f, Public Works Director Webb, and Harbormaster Durgan utilized a
PowerPoint presentation to review the harbor operation background, objectives, the start-up
period (Phase 1), a summary of the first 90 days of operation, NOVs, log counts, hours of
operation, projected staffing levels, the weekly schedule, the budget and source of funds, short-
term rentals and inspection/enforcement, what Phase II would involve, and staffing changes
between Phases 1 and 2.
In response to Council questions, City Manager Kiff and Harbormaster Durgan explained the
proposed inspection/enforcement fees relative to large charter boats, discussed short term
mooring rentals, and indicated that the City hired a consultant to conduct an appraisal of fees
for large boats. City Manager Kif£ explained that, if they do not conduct inspections, the staff
hours will be reduced. He also discussed how the positions were created using current funding
and most of the revenue from two marinas. He clarified the difference in cost between the harbor
operations approach and Harbor Patrol, and reported that Council can determine if they want
harbor operation services to balance out or if tidelands funds should be used. He reported on
the need to conduct charter boat revenue audits, including marine activities permits, head
count, and parking, but confirmed doing this would involve more staff hours. He also discussed
utilizing lifeguards to cross -train for this function.
Mayor Pro Tem Duffield commended harbor operations, noted Harbor Patrol is the law
enforcement component in the harbor, emphasized the need to treat the harbor as an asset,
pointed out he would need to recuse himself on NBMC Title 17 (Harbor Code) discussions, and
expressed the importance of the next phases.
Council Member Dixon asked that the City be careful about using tidelands funds.
Council Member Herdman expressed support for collaboration between harbor staff and
lifeguards, especially for emergency medical assistance.
Council Member Avery discussed how the harbor has changed and how harbor operations is
needed. He pointed out that the City needs to also manage the liveaboard community pursuant
to their agreements and that managing their insurance is also time consuming.
Bill Kenney, Harbor Commissioner, expressed support for reexamining charter boat fees but
believed that, to continue progress, more resources are needed for 24/7 enforcement.
Dennis Baker commended harbor operations and believed they should get all the support they
need.
Brian Ouzounian believed that the City is spending more money than when Harbor Patrol
handled the harbor. He encouraged more community involvement, especially when updating the
Harbor Code. He suggested that the mooring permittee receive 50% of the rental fee and
requested that the mooring fees be revisited.
Carter Ford, Newport Mooring Association, reported they had a meeting with over 100 attendees
and complimented harbor operations.
Council Member O'Neill commended harbor operations, believed that the harbor is the right
asset to spend money on since it is not an excessive amount, and recommended moving forward
with Phase 2.
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 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.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association
(NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e) (2)): 9 matters
The Newport Beach Lifeguard Management Association (NBLMA), 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 — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
D. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach u. United States Federal Auiation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
V. RECESS - 6:14 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; however, Closed Session Items
IV.A and IV.D will be continued to the end of the meeting.
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IX. INVOCATION - Reverend Toia Rankin, Director of Prayer Ministry at Christ Our Redeemer
Church
X. PLEDGE OF ALLEGIANCE - Mayor Muldoon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill:
• Attended the Civic Center Park Sculpture Garden Luncheon; OASIS Senior Center 40th Anniversary
Celebration; Movie in the Park at San Miguel Park; and the Citizen of the Year dinner
• Announced OASIS Senior Center's Thanksgiving Luncheon will be held on November 22, and the
Newport Navigator now includes special needs programs
Council Member Peotter:
• Requested placing an item on a future agenda to address possible upgrades/updates to the audio
visual equipment in the Council Chambers, using cable user tax money
Council Member Dixon:
• Utilized a slide to announce that the City was halfway through its $3.5 million water system project
• Attended the OASIS Senior Center 40th Anniversary Celebration
Council Member Herdman:
• Utilized a slide to discuss the Back Bay View Park bicycle fix -it station, water bottle filler station,
and dog water fountain
• Announced he and City Manager Kiff will host an informal community meeting to discuss John
Wayne Airport (JWA) issues on November 17 and the Aviation Committee will meet next week
• Attended the Balboa Island Merchants Association meeting, Irvine Terrace Homeowners
Association's annual meeting, and a workshop at OASIS Senior Center to discuss Water
Quality/Coastal Tidelands Committee projects
• Commended Municipal Operations Director Murdoch for assisting with the raccoon infestation on
Balboa Island
Council Member Avery:
• Utilized slides to discuss the Newport Heights Concrete Alley Project and 15th Street Sidewalk
Project, and to invite everyone to his Town Hall meeting on November 16 at 7:00 p.m. at Mariners
Library to discuss traffic safety in Newport Heights
Mayor Muldoon:
• Mayor Muldoon read the proclamation he previously presented to the Bach Bay Therapeutic
Riding Club for 10 years of community service. Bernadette Olsen, advanced therapeutic riding
instructor, discussed the program and its benefits, and introduced Executive Director/Manager Alice
Krezymon.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Asking the City Manager to return with a strategy for improving our response to
homelessness concerns, given potential changes to camping activities at the Santa Ana
River (Dixon)
The City Council unanimously concurred to place the matter on a future agenda.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
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Jim Mosher believed the Mayor should read all the Consent Calendar titles, not just the item numbers.
Since the recycled water fees to the City were raised on July 1, 2017 and the customers are not being
charged the difference until January 1, 2018, he asked what the City is doing for those six months to
cover the additional fees, (Item 3 - Resolution to Amend Recycled Water Commodity Charge), noted that
the consultant is already calendared to conduct a meeting even though his agreement has not been
approved (Item 8 - Professional Service Agreement with PlaceWorks for Environmental Services for the
Newport Crossings Project Located at 1701 Corinthian Way), and asked for clarification on the
timeframe of paramedic training school(Item 16 - Approval of Budget Amendment for Paramedic
Training).
Regarding Item 16, Robert Mirshaffiee relayed an incident where he believed he was taken to the
hospital without his consent. Mayor Muldoon advised Mr. Mirshaffiee to discuss with City Manager
Kiff.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 24, 2017 City Council Meeting [100-2017]
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
RESOLUTIONS FOR ADOPTION
3. Resolution to Amend Recycled Water Commodity Charge [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) Adopt amended Resolution No. 2017-69, A Resolution of the City Council of the City of Newport
Beach, California, Amending the Recycled Water Commodity Charge Effective January 1, 2018.
Mayor Muldoon abstained from Item 3.
4. Resolution in Support of the California WaterFix and California EcoRestore [100-20171
Continue indefinitely.
5. Approval of Measure M2 Expenditure Report [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. 2017-71, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the
Fiscal Year Ending June 30, 2017, subject to technical revisions to conform to OCTA guidelines.
Out of an abundance of caution, Mayor Muldoon recused himself from Item 5.
6. Adopt Resolution No. 2017-72 for Acceptance of Grant Funding for the Surrendered and
Abandoned Vessel Exchange (SAVE) Program from the Division of Boating and
Waterways (C-8531-1) [381100-2017]
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;
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b) Adopt Resolution No. 2017-72, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the
Fiscal Year Ending June 30, 2017; and
c) Approve Budget Amendment No. 18BA-014 recognizing $125,000 in grant revenue from the
California Division of Boating and Waterways (13501-431385-18H11) and appropriating
$125,000.00 to Account No. 13501-980000-181111 (Abandoned Watercraft Abatement).
CONTRACTS AND AGREEMENTS
Corona del Mar Concrete Pavement Reconstruction - Poppy Avenue and Ocean
Boulevard - Notice of Completion Contract No. 6189 (151114) [381100-2017]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On December 13, 2016, the project was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
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 Faithful Performance Bond one (1) year after acceptance by the City Council.
8. Professional Service Agreement with P1aceWorks for Environmental Services for the
Newport Crossings Project Located at 1701 Corinthian Way (PA2017-107) (C-8530-1)
[381100-2017]
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; and
b) Approve the Professional Services Agreement and authorize the Mayor and City Clerk to
execute the agreement.
9. Pulled from the Consent Calendar.
MISCELLANEOUS
10. Planning Commission Agenda for the November 9, 2017 Meeting [100-2017]
Receive and file.
11. Appointment to the Aviation Committee [241100-2017]
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; and
b) Confirm Council Member Peotter's appointment of G. Scott Bergey as the District 6 Alternate
Member to the Aviation Committee.
12. Transfer of Park -In -Lieu Reserves for Playground Improvements [100-20171
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines because this project has no potential
to have a significant effect on the environment; and
b) Approve Budget Amendment No. 18BA-011 to transfer $200,000 in Park In -Lieu reserves from
Fund 513 to the Playground Refurbishment CIP project (56201-980000-18P01) in Fund 562 for
purchase and installation of playground shade structures, play elements and surfacing
improvements.
City Clerh Brown recused herself from. Item 12 since she lives within 500 feet of the project.
13. Pulled from the Consent Calendar.
14. Approval of the Corona del Mar Business Improvement District's Revised Fiscal Year
2017-2018 Budget (100-2017]
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a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the revised FY 2017-2018 budget for the Corona del Mar Business Improvement
District.
15. Pulled from the Consent Calendar.
16. Approval of Budget Amendment for Paramedic Training [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) Approve Budget Amendment No. 18BA-012 appropriating $95,000 from the General Fund
unappropriated surplus fund balance to account 01040401-713003.
Motion by Mayor Pro Tem Duffield, seconded by Council Member O'Neill, to approve the
Consent Calendar, except for the items removed (Items 9, 13 and 15); and noting the abstention by
Mayor Muldoon on Item 3, the recusal by Mayor Muldoon on Item 5, the amendment to the resolution
on Item 3, and the indefinite continuance of Item 4.
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
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. Investment Advisor Contract with Chandler Asset Management (C-8454-2) [381100-20171
In response to Council Member Peotter's questions, Deputy Finance Director Montano indicated
that the Finance Committee and staff are recommending to hire one investment advisor and
explained the reasons for not selecting two advisors.
Motion by Council Member Peotter. seconded by Mayor Muldoon, to divide the portfolio
between Chandler Asset Management and PFM Asset Management as equally as possible and have
two custodial banks.
Mayor Pro Tem Duffield believed that the City's portfolio is limited and does not need two
investment advisors.
City Manager Kiff pointed out that deciding custodial banks was not agendized.
Amended motion by Council Member Peotter, seconded by Mayor Muldoon, to divide the
investments between Chandler Asset Management and PFM Asset Management as equally as
possible and bring back information about utilizing two custodial banks.
Council Member O'Neill emphasized that investment advisors do not have access to the City's assets
and that the objective to having one investment advisor is for efficiency reasons and reduction in
costs. Council Member Dixon explained the process the Finance Committee underwent in the
process.
Jim Mosher expressed support for staffs recommendation, but took issue that the staff report did
not include opposing viewpoints or the final vote.
The amended motion failed by the following roll call vote
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Ayes: Council Member Peotter
Nays: Council Member Jeff Herdman, Council Member Avery, Council Member Dixon, Council
Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) approve a five-year professional service
contract for investment advisory services with Chandler Asset Management in a not -to -exceed
contract of $675,000.
In response to Council Member Peotter's question, Deputy Finance Director Montano explained how
the City receives fees from the custodial bank and the use of investment software. Council Member
Peotter suggested that staff report to the Finance Committee on how it monitors the software.
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
13. Cultural Arts Grants 2017/18 [100-2017]
In response to Council Member Dixon's question, Library Services Director Hetherton discussed
why the City Arts Commission believed they should receive the $25,000 grant for their
programming. Council Member Dixon commended the Commission, but indicated that she hoped
funding would have been allocated to more organizations.
Motion by Council Member Dixon, 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) approve recommended recipients for FY
2017/18 Cultural Arts Grants as selected by the City Arts Commission in accordance with City
Council Policy I-10 — Financial Support for Culture and the Arts.
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
15. Annual Reporting on Development Impact Fees & Development Agreements [100-2017]
Following an explanation of the Financial Reports by Deputy Finance Director Montano, Council
Member O'Neill pointed out that, in addition to Facilities Financial Plan (FFP) money and tidelands
fund money, development fee money was also used to pay for the construction of Marina Park. He
pointed out that development fee money does contribute to constructing City facilities.
Council Member Dixon added that most of the City parks have been constructed using development
fee money, not just City funds.
In response to Council questions, Deputy Finance Director Montano reiterated the different funds
that were used to construct Marina Park, and confirmed that Marina Park has been completed and
the report covers fiscal year 2016/2017.
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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; and b) receive, review and file the Annual Reports
on Development Impact Fees.
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
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Robert Mirshaffiee discussed the right to refuse medical services and highlighted an incident that
involved himself and City paramedic and police personnel. Mayor Muldoon reiterated that City Manager
Ki£f or Police Chief Lewis can meet with Mr. Mirshaffiee.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XIX. CURRENT BUSINESS
17. Citywide ADA Curb Access Ramp Improvements — Award of Contract No. 7154-1 (181111)
[381100-2017]
Deputy Public Works Director Vukojevic provided the staff report and displayed a map of the access
ramp locations.
Discussion ensued relative to the source of the funds for the project.
Motion by Council Member Peotter, seconded by Council Member Herdman, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c)
Class 2, (reconstruction of existing facility 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. 7154-1 to Victor Concrete,
Inc. for the total bid amount of $1,239,100.00, and authorize the Mayor and City Clerk to execute
the contract; and d) approve Budget Amendment No. 18BA-013 appropriating $65,755.00 from the
Community Development Block Grant unappropriated fund balance to Account No. 12001-980000-
18R11 and transferring $7,335.00 from project savings from Account No. 01201927-980000-15R14
(Concrete Replacement Program) to Account No. 01201927-980000-18RII for Citywide ADA
Improvements.
George Schroeder explained how District 1 provides the City with a great deal of tax money.
Jim Mosher reminded Council that they represent the entire City not just their individual district,
and noted that the ramps also benefit families with strollers and bicyclists.
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
18. General Plan Update Process (PA2017-141) [100-2017]
Community Development Director Jurjis reported that a new resolution was generated to form a
blue ribbon committee, as discussed during the study session, to review the current General Plan
and not start the General Plan process at this time.
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Discussion ensued relative to transparency and the composition of the blue ribbon committee.
Council Member O'Neill believed the creation of the committee would be the first step to a General
Plan update process and suggested continuing the resolution so there is time to review it further.
Motion by Council Member O'Neill, seconded by Council Member Peotter, to continue the
creation of the blue ribbon committee to a future meeting.
Jim Mosher noted there is no rush and explained why he took issue with the new resolution.
Mayor Muldoon emphasized that staff was diligent in generating a document that was requested by
the public during study session and commended staff for their effort.
Nancy Gardner reported on the responsibilities of the former General Plan Advisory Committee
(GPAC), emphasizing that GPAC, not the General Plan Update Committee (CPUC), created the
General Plan vision. She explained why the process should start sooner than later.
Tim Stoaks explained why he believes the blue ribbon committee should be formed and commended
staff for generating the resolution.
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
XX. MOTION FOR RECONSIDERATION - None
City Attorney Harp announced that the City Council will be recessing to discuss Closed Session
Items IV.A and IV.D, and read the titles.
IV. CLOSED SESSION - 8:26 p.m.
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.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA)
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach v. United States Federal Aviation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
The City Council reconvened at 9.00 p.m. with Council Member Avery absent. City Attorney
Harp reported that there were no reportable actions taken.
XXI. ADJOURNMENT - Adjourned at 9:03 p.m. in memory of Gary Dee Johnson and Craig
Kennedy
Volume 63 - Page 400
City of Newport Beach
Study Session and Regular Meeting
November 14, 2017
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
November 9, 2017, at 4:00 p.m.
Leilani I. Brown
City Clerk
Volume 63 - Page 401