HomeMy WebLinkAbout01 - MinutesApril 28, 2015
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
April 14, 2015
I. ROLL CALL - 3:32 p.m.
Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Presentation for Police Service Dog Retirement
Police Chief Johnson introduced Police Service Dog Elko and his handler Officer Roland
Stucken, and reported that Elko has served the Newport Beach Police Department for five
years. He reported that, due to medical conditions in his spine, the Department thought it
best to retire him.
Mayor Selich presented a Proclamation to Police Service Dog Elko and his handler Officer
Stucken for his service to the City. Police Chief Johnson recognized the work of Police
Service Dog Elko and Officer Stucken.
SS3. Presentation by Mothers Against Drunk Driving
Tiffany Townsend, Program Specialist for the Orange County Chapter of Mothers Against
Drunk Driving (MADD), honored Officer David Spenser, Officer Jacob Khor and Officer
Paul Riscalla for their exemplary service to the community in the apprehension of over 25
alcohol - impaired drivers in fiscal year 2014. She recognized Officer Neal Schuster for
having over 100 DUI arrests last year.
SS4. Presentation of National Library Week Proclamation
Mayor Selich presented a Proclamation to Library Services Director Hetherton in
commemoration of National Library Week.
Library Director Hetherton expressed his appreciation to the City, the Friends of the
Library, the Board of Library Trustees, the City Arts Commission, and residents.
Council Member Petros reported participating in an event at Mariners Branch Library and
commended Leah Duffy for her work. He commented on the number of residents who enjoy
the library and who take their children to story time.
Mayor Selich announced that he will lead story time on April 16, 2015, at 10:00 a.m. at the
Central Library and Mayor Pro Tom Dixon announced that she will lead story time on April
15, 2015.
SS5. Presentation for Field of Honor
Ed Romeo, representing the Exchange Club of Newport Harbor, invited Council and staff to
attend the upcoming Field of Honor event at Castaways Park. Jerry Nininger, Co -Chair of
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the Field of Honor Planning Committee, provided information regarding the May 15, 2015
ceremony for children, and the main ceremony on May 16, 2015, in celebration of Armed
Forces Day. He distributed flyers and brochures.
Mayor Selich commented on the inspirational event and encouraged residents to purchase a
flag and attend the event.
SS6. Master Arts and Culture and Arts Funding Discussion
Library Services Director Hetherton provided a PowerPoint presentation, addressing
background, purpose of the Master Arts and Culture Plan, related Council policies, major
findings, current and potential funding sources, prioritizing recommendations, and
recommendations.
City Manager Kiff added that staff would like to hear more about what Council thinks are
priorities.
Robert Smith, City Arts Commissioner, commented on the importance of arts and culture
and addressed current funding, adding that the City Arts Commission has worked hard to
get maximum benefits out of its funding. He added that the Master Plan is a
comprehensive document and pointed out the lack of an arts professional as a funded staff
position. He discussed the benefits of having an arts professional and encouraged Council
to consider funding such a position. He addressed the sculpture exhibition in the Civic
Center and noted its popularity. He expressed the opinion that adding 10 more sculptures
would aid in making the venue a destination. Commissioner Smith reported that the
Commission is currently in the middle of soliciting additional art work and encouraged
continuing the program.
Lynn Selich, City Arts Commissioner, indicated that the people of Newport Beach created
the City Arts Commission as part of a Charter amendment. She stated that the plan is to
continue to expand the Commission's reach from a Commission standpoint, and initiatives.
She addressed the economic benefits of cultural and arts on tourism and the importance of
investing in culture and arts.
Arlene Greer, City Arts Commission Vice Chair, commented on the Newport Beach Art
Exhibition and on the benefits of a possible Arts and Culture Communication Plan. She
encouraged increased outreach for the various arts programs, development of new
exhibition spaces, and increased resources.
Carmen Smith, President of the Newport Beach Arts Foundation, discussed the fear of
reduced support and funding, fundraising efforts, and partnering with the City and the
City Arts Commission in terms of programming.
Lila Crespin, Newport Beach Arts Foundation, noted the importance of the City investing
in the arts and encouraged Council to consider the Master Plan. She invited Council
Members to attend a tour of the Sculpture Garden on April 23, 2015, at 10:00 a.m.
Mayor Pro Tern Dixon commented positively on the proposed Arts and Culture Master
Plan, but encouraged the City Arts Commission to think bigger and more strategically. She
noted the lack of goals and objectives, and commented positively on current arts
programming. She added that she would like to see a strategic vision in terms of where the
City should be in 10 years, as well as a joint effort of private individuals and businesses
working together with the City. She provided examples of successful private /public
partnerships in Los Angeles and Pasadena, and noted the need for community support.
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She suggested returning to Council with an addendum, identifying a target goal, and
challenging the City and the community through in -kind or other means for tangible
results.
In response to Council Member Muldoons question, Library Services Director Hetherton
discussed a recommendation to go out with a Request for Proposal (RFP) for an art
professional. He added that the City had a Cultural Arts Coordinator until 2013 and that
compensation was about $125,000 per year with salary and benefits.
Council Member Muldoon expressed support for the arts, adding that they should be
educational, inspirational, and viable to the community. He commented on the Reagan
statue and hoped that the City Arts Commission can work on its mission without the need
for paid staff.
Council Member Curry reported recently attending the memorial service for Henry
Segerstrom who was a strong and dedicated believer in the value of the arts. He voiced
support of efforts to raise private funds, noted the importance of public support and
investment, and encouraged the City's continued investment in the arts.
Council Member Petros agreed with Mayor Pro Tern Dixon and Council Member Curry that
the vision should be laid out for the arts. He commented on the popularity of the Newport
Theatre Arts Center, the Rex Brandt festival, and the Sculpture Garden, believing that the
arts are alive and well in Newport Beach. He expressed the opinion that volunteers should
not carry the full weight of promoting the arts in the City and noted that, compared to Los
Angeles, Newport Beach is a small town. He agreed with the need to include private
investment and have goals and an implementation schedule, and noted that the way to do
so is to start with a staff person that will take the ten recommendations and mold them
into a grand vision. He recommended moving forward with the RFP with the goal of
creating a strategic plan, an implementation schedule, and private /public partnership
options within the community.
Council Member Duffield liked the idea of thinking big and suggested also promoting
science and history in combination with art. He thanked the City Arts Commission for
their work.
Council Member Peotter expressed support for public /private partnership and believed that
the City Arts Commission will step up in a big way.
Mayor Selich stressed the importance of art and culture to the life and vitality of the
community, and believed this will require a substantial investment by the City. He
expressed support for hiring an arts coordinator, and suggested that the City Arts
Commission consider today's comments and take another look at the Master Plan and bring
it back to Council in the near future. He stated that the City should not do an aesthetic
review of private development projects but voiced support for the balance of the
recommendations within the Master Plan.
Gordon Glass complimented the City Arts Commission and the City Council on accepting
the artwork of Rex Brandt and Joan Irving. He indicated that artists are in need of
financing and questioned why the City Arts Commission, in selecting the art for the
Sculpture Garden, did not include anyone from California. He addressed the term
"starving artist" and commented on the value to an artist and the arts community of the
encouragement of a City in exposing his /her art. He hoped that the Commission and City
would first consider local artists.
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Gary Sherwin, President /CEO of Newport Beach & Company, reported that art, culture,
and tourism have a long and compatible history and enhance the economic vibrancy of a
community. He reported that Newport Beach & Company sells the City as an aspirational
destination, spoke in support of continuing an arts and cultural program, and commented
on Newport Beach & Company's contribution of $150,000 to the City. He stated that there
was no promise that the money would be used for art, but it was inferred and suggested
that it be used toward the arts coordinator position.
Lynn Selich commented on her early efforts as a City Arts Commissioner to establish a
public /private alliance ad hoc committee and stated that high net -worth and development
professionals will advise the City Arts Commission and reach out to their spheres of
influence. As a private citizen and consultant, she reported working with a lot of arts
organizations and commented on the importance of having designated staff to support the
arts and fundraising.
Fred Page, gallery owner and arts professional, commended Council's decision to move
forward and addressed the need for an arts professional to run day -to -day operations. He
stated that Rex Brandt would be very happy to see that the City is moving in a very
progressive direction with its arts policies.
Judith Laufer, Newport Beach Arts Foundation, commented on the need for an art
professional that knows how to blend art and commerce, and addressed science as also
being part of arts and culture. She suggested a fund for artists to be able to submit grant
proposals.
Jim Mosher referenced City Council Policy I -13. He noted that the previous arts
coordinator is not named in any of the documents, and commented on the City Charter with
respect to the City Arts Commission.
Sarah Wilkinson, local artist, believed that residents should have a say about the arts in
the City and expressed concern with the lack of public input in the Arts Master Plan. She
expressed the opinion that there are more than enough sculptures in the Sculpture Garden
and that there is enough money being spent on the Civic Center and Sculpture Garden.
She addressed the proposed purchase of one of the sculptures and subsequent donation to
the City, and questioned whether citizens have any choice in the matter. Additionally, she
commented on her loan of a sculpture to the City and expressed disappointment at the way
it was handled. She agreed with Mayor Pro Tern Dixon that there should be a long -term
art vision for the City.
Novell Hendrickson reported that she was on the City Arts Commission in the 1980s and
expressed concerns with elements in the Master Plan, including the lack of resident input.
Arlene Greer reported that, this year, the County will be losing two of its cultural assets,
including the Orange County Museum of Art (OCMA) and a museum on the campus of
Chapman College. She hoped that the City will not wait too long before moving forward
with the Master Plan.
City Manager Kiff summarized direction to be to return the Master Plan to the City Arts
Commission to work on goals and a long -term vision, remove the discretionary review of
private development policy as noted by Mayor Selich, focus around the public- funding
aspect, and provide options for Council action.
Discussion followed regarding allocation of the money contributed by Newport Beach &
Company. City Manager Kiff addressed the TBID contribution and Mayor Pro Tern Dixon
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provided direction for Council to consider allocating the money to the arts budget without
objection.
SS7. Use of the City Seal for Non -City Business /Political Activities
Assistant City Attorney Torres provided a PowerPoint presentation. He addressed
background, use of the City seal by candidates running for office, limitations of the use of
the City seal in accordance with the Municipal Code, the definition of "officer," defining
"City purpose," staffs interpretation of the relevant Code section, typical uses and
examples of the City seal, and options for consideration.
In response to Council Member Curry's question regarding the Code as it relates to use of
the City seal by a candidate, Assistant City Attorney Torres stated that running for a City
office could be seen as doing a City purpose. Council Member Curry believed that the use
of the City seal by a candidate is not a City purpose since the seal may not be used in a way
that suggests the City's endorsement, support, or sponsorship of a person or activity,
without permission. Assistant City Attorney Torres reported that there is potential
ambiguity and stated that there is opportunity for added clarity to the Code.
Council Member Peotter commented on the purpose of regulating a seal or corporate logo
and asked regarding recommendations for regulations. Assistant City Attorney Torres
reported that, if someone takes a picture in front of the City seal, the public would probably
not get the impression that the City is endorsing an activity or person.
Council Member Muldoon commented on the use of the seal in emails by candidates during
the last General Municipal Election. Assistant City Attorney Torres reported that during
the last Election, the City received a complaint from a member of the public regarding the
use of the City seal. The City Attorney's Office found that the practice was wide - spread,
adding that staff did not feel comfortable making a determination due to the potential
ambiguity. The City Attorney's position was to table the matter at that moment and take it
to Council for further direction.
Council Member Muldoon offered that the ambiguity is probably intentional and suggested
keeping it as is and err on the side of freedom of speech.
Council Member Curry read Section 1.16.050 of the Newport Beach Municipal Code,
reiterated his belief that the language is not ambiguous, and added that since there are
concerns about it being ambiguous, it should be made clearer, precise, and facilitate
enforcement.
Mayor Pro Tern Dixon agreed with Council Member Curry and suggested adding "political
purposes" to the prohibition of using the City seal.
Mayor Selich indicated that, if the City seal is in the background of a photograph, it does
not meet the test of the Code. However, if someone took the City seal and used it on a piece
of advertising or campaign material, it would be in violation of the Code. He suggested
clearly indicating that it cannot be used in campaign materials.
Jim Mosher discussed the complaint and believed there is nothing inconsistent in the
current Code. He noted that Council Members may use the seal for the purposes of
identifying themselves as elected officers, but believed that any communication by Council
Members should include a disclaimer that individual Council Members cannot speak for
the City. Additionally, he commented on a section of the Code that defines the official
colors of the City seal and noted that the seal in the Council Chambers and the website has
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red in it, which is not in the Code.
Council Member Muldoon commented positively on the Mayor's distinction between a
picture of the seal versus the use of the actual seal.
Council Member Petros commented on Code provisions for use of a City seal by many cities
throughout the United States and referenced CodePublishing.com language relative to use
of a city seal and offered it as suggested language for limiting the ambiguity.
Council Member Curry believed that simply finding the seal on a building does not give one
a pass to misuse the seal.
Mayor Selich agreed with adding a disclaimer relative to having the seal in the background
of a photograph and clarifying what is and is not permitted relative to use of the actual
seal.
Mayor Pro Tem Dixon added that it would be helpful for the City Clerk to incorporate the
regulations and guidelines in the candidate's handbook in accordance with the revised City
Code.
Council Member Curry noted that the law requires that when taking a picture with a Police
Officer or Fire Fighter, the patch must be obfuscated.
City Attorney Harp stated that the matter will be brought back to Council for
consideration.
SS8. Update on Drought/Executive Orders Regarding Water Conservation
Municipal Operations Co- Director Murdoch provided a PowerPoint presentation,
addressing State mandates and City action, expected State actions, impacts on residents
and businesses, and City activities.
Public Works Director Webb addressed median turf and landscape, and City assistance and
resources.
Council Member Curry reported that Irvine Ranch Water District (IRWD) has an extensive
recycled water program and asked whether the City has the ability of accessing it. Public
Works Director Webb addressed the sources of reclaimed water accessible to the City.
Council Member Muldoon commented on negative press regarding water usage in the City
and he asked for clarification of the matter. Municipal Operations Co- Director Murdoch
explained the process the City used to calculate water usage and compared it to the State
process. He reported that the media used larger numbers than reported and, once the
misinformation got into the media, it was difficult to correct.
Public Works Director Webb addressed a water conservation/quality effort occurring in Big
Canyon.
In response to Council Member Peotter's question, Public Works Director Webb addressed
the price of the artificial turf option, as well as State direction regarding water usage in
medians. He noted consequences of shutting water off completely in medians and
commented on the need to continue to water truck the City trees.
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In response to Mayor Pro Tem Dixon's question, Municipal Operations Co- Director
Murdoch noted that the City would save in terms of purchasing less water and that the
City could weather this storm for a little while. He reported that the baseline is a three -
year average and stated that outdoor irrigation is a big user. Mayor Pro Tem. Dixon
encouraged residents to start conserving now.
Council Member Duffield reported that the turf used in the Masters Tournament was dyed.
He suggested letting the medians go brown but dying the turf. Municipal Operations Co-
Director Murdoch commented on services that paint lawns.
Council Member Petros encouraged the City to stop irrigating medians, noting that Laguna
Beach has been doing so as well.
Mayor Selich reported that he does not support going brown as a long -term solution, but
noted that he understands the budget implications. He encouraged creative solutions to
keep medians looking good.
Dr. Jack Skinner commented on new development in the City and expressed concerns with
their allotment of water. He asked about limiting construction in the City due to the water
shortage.
III. PUBLIC COMMENTS
Regarding Closed Session Item IV.D, Jim Mosher commended staff for making the claim publically
available. He addressed practices by the Costa Mesa Sanitary District Board relative to claims,
noting that discussions and resolutions to claims are held in a public meeting, not in Closed
Session. He hoped that the issue of whether paying a claim is a gift of public funds is considered.
Dr. Jack Skinner expressed the importance of keeping the existing blackball regulations and
discussed instances of injuries related to board surfing.
City Attorney Harp announced that the City Council will adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - 6:08 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy
City Manager; Negotiators.
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport
Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport
Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management
Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police
Management Association (NBPMA); Newport Beach Professional and Technical Employee
Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code § 54956.9(a), (d)(1)): 5 matters
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City of Newport Beach u. Banshee Construction Company, et al.
Orange County Superior Court Case No. 30- 2011- 00528392 -CU -BC -CJC
Ronald Gamble, Todd Knipp and Ralph Restadius u. City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2014 - 00761136 -CU -OE -CJC
Mayra Aguayo u. City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2014 - 00726219- CU -OEC -CJC
Zachary McEligot u. City of Newport Beach, et al.
United States District Court Case No. 8:13 -cv- 01490- AG -DFM
Friends of the Fire Rings u. South Coast Air Quality Management District
Orange County Superior Court Case No. 30- 2013 - 00690328- CU- WN -CXC
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — SIGNIFICANT EXPOSURE TO LITIGATION
(Government Code § 54956.9(d)(2) and (e)(1)): 3 matters
D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - LIABILITY
CLAIM (Government Code § 54956.9(d)(2) and (e)(3)): 1 matter
On April 7, 2015, Big Canyon Country Club submitted a claim pursuant to the Tort Claims Act.
Pursuant to Government Code Section 54957.5, a copy of the claim is available to the public as
part of the Regular Meeting Agenda for this matter and at the City Clerk's Office, 100 Civic
Center Drive, Newport Beach, CA 92660.
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL .V
Present: Council Member Pootter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
Absent: None W
VIII. CLOSED SESSION REPORT - City Attorney Harp announced that no reportable actions
were taken.
IX. PLEDGE OF ALLEGIANCE - Council Member Muldoon
X. INVOCATION - Pastor David Manne, Calvary Chapel of Costa Mesa
M. PRESENTATIONS - None
XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA (VON- DISCUSSION ITEM)
Mayor Selich reported presenting proclamations to two Newport Beach centenarians, Sylvia Levin
and Margaret Sheffield. He reported on the recent Inaugural Mayor's Egg Roll and thanked the
Recreation and Senior Services staff for their work. Additionally, he attended the Beach Blanket
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Bungalow Fundraiser for the Special Olympics, the Opening Ceremonies of the Intercontinental
Preliminary Water Polo World League, and helped kick off the Anaheim Ducks playoff season at
their Paint it Orange Beach Party.
Mayor Selich requested placing reconsideration of the Request for Proposal (RFP) for the tree
contract on a future agenda.
Mayor Pro Tern Dixon announced the opening of the Newport to Ensenada Race and the Balboa
Village Fest on Sunday, April 19, 2015, from 11:00 a.m. to 4:00 p.m.
3UV. PUBLIC COMMENTS ON CONSENT CALENDAR
Hammer Brunch, Lido Live, spoke on Item 17 (Request for Fee Modification for Lido Live Located
at 3459 Via Lido) and addressed Police presence and accountability. He thanked the City for its
cooperation, but believed that there should only be two Police Officers presented. He requested
that the fee be retroactive.
Jim Mosher commented on Item 4 (Adoption of Ordinance No. 2015 -6 Amending Newport Beach
Municipal Code Chapter 5.04), believing that the item should be considered its first reading and
the text available in the lobby is not the text that the public heard three weeks ago. Additionally,
he expressed concern with the ordinance summary. City Attorney Harp reported that the wrong
Ordinance was placed online and was subsequently corrected before the meeting. He added that
Mr. Mosher has a different interpretation of the City Charter than the City Attorney's Office, and
stated that the Ordinance complies with the Charter requirements related to second readings.
Regarding what was printed in the newspaper, City Attorney Harp stated that he believes it
accurately reflected a summary of the Ordinance.
Michael Glenn submitted into public record, 1,746 signatures asking to halt the process discussed
in Item 18 (ABC Licenses, Crime Trends, and Options for Balboa Peninsula). He believed that a
public vote by Council is not required for voluntary efforts. He distributed copies of fees per capita
of cities in Orange County and commented on crime in the Peninsula and on the work of the
Newport Beach Police Department. He expressed the opinion the City does not need more Police
Officers. City Attorney Harp commented on the lack of signatures in the document and it was
noted that signatures were collected online.
George Schroeder disagreed with the last speaker, noting that there is a crime problem on the
Peninsula and suggested that Council consider the facts as presented by the Police Department.
Regarding Item 18, City Manager Kiff explained the need for more Police Officers, especially when
dealing with visitors during the summer months.
City Manager Kiff requested that Item 5 (Revision to Council Policy L -2, Clarifying Requirements
Regarding Curb Cuts on Corner Lots in Residential Areas) be continued to the City Council
meeting of April 28, 2015.
Council Member Muldoon commented on Police Department staffing needs, especially considering
the early releasing that is being seen throughout the State. He noted that a disproportionate
number of alcohol - related crimes are being seen in Newport Beach.
Regarding Item 18, Mayor Pro Tern Dixon explained that information regarding closing
restaurants and bars at 11:00 p.m. was never proposed or contemplated. She commended the
restaurant and bar -owner community for the work they have undertaken.
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XV. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the March 17, 2015 Special Meeting, the March 24, 2015 Special
Meeting /Joint Meeting of the City Council and Finance Committee, and the
March 24, 2015 Study Session and Regular Meeting [100 -2015]
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.
B. ORDINANCE FOR INTRODUCTION
3. Non - Exclusive Solid Waste Collection Franchise with Skyline Construction
Services Inc., DBA Scor Industries, a California Corporation [421100 -2015]
a) Adopt Resolution No. 2015 -24, A Resolution of the City Council of the City of Newport
Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a
Non - Exclusive Solid Waste Franchise to Skyline Construction Services Inc., d.b.a. Scor
Industries, a California Corporation;
b) Direct the City Clerk to publish Resolution No. 2015 -24 within 15 days of its adoption;
and
c) Introduce Ordinance No. 2015 -7, An Ordinance of the City Council of the City of
Newport Beach Granting a Non - exclusive Solid Waste Franchise to Skyline Construction
Services, Inc. d.b.a. Scor Industries, a California corporation, to Provide Solid Waste
Collection Services Upon the City Streets and Within the City of Newport Beach, and
pass to second reading on April 28, 2015.
D. RESOLUTIONS FOR ADOPTION
5. Revision to Council Policy L -2, Clarifying Requirements Regarding Curb Cuts on
Corner Lots in Residential Areas [100 -2015]
Continue to the April 28, 2015 City Council meeting.
6. Amendment to the Orange County Waste Disposal Agreement (C -4194) [38/100-
2015]
Adopt Resolution No. 2015 -26, AResolution of the City Council of the City of Newport Beach
Approving an Amendment to the 2009 Waste Disposal Agreement with the County of
Orange, and authorize the Mayor to execute the Agreement.
Council Member Petros recused himself from this Item due to a contractual
obligation through his work.
E. CONTRACTS AND AGREEMENTS
7. Sunset Ridge Park — Notice of Completion and Acceptance of Contract No. 3449
(CAP09 -0076) [381100 -2015]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the
Notice of Completion has been recorded in accordance with applicable portions of the
Civil Code; and
c) Release the Faithful Performance Bond one year after City Council acceptance.
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8. Big Canyon Reservoir Auxiliary Maintenance Yard Project - Completion and
Acceptance of Contract No. 5222 (CAP13 -0005) [381100 -20151
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion
for the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the
Notice of Completion has been recorded in accordance with applicable portions of the
Civil Code; and
c) Release the Faithful Performance Bond one year after this Council acceptance.
9. Ocean Piers Maintenance Project- Completion and Acceptance of Contract
No. 5539 (CAP14 -0025) [381100 -20151
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion
for the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the
Notice of Completion has been recorded in accordance with applicable portions of the
Civil Code; and
c) Release the Faithful Performance Bond one year after this Council acceptance.
10. 15th Street and Balboa Boulevard Revitalization - Approval of Professional
Services Agreement with Psomas (C -5654) (CAP14 -0006) [381100 -20151
Approve a Professional Services Agreement (PSA) with Psomas of Santa Ana, CA for the
15th Street and Balboa Boulevard Revitalization project at a not -to- exceed price of
$276,700.00, and authorize the Mayor and City Clerk to execute the Agreement.
11. Bonita Creek Park Synthetic Field Turf Replacement - Award of Contract
No. 5856(A) (CAP09 -0066) for Field Sub -Grade Preparation [381100-20151
a) Approve the project plans and specifications;
b) Reject the low bid received from Los Angeles Engineering, Inc. as non - responsive;
c) Award Contract No. 5856(A) to Byrom- Davey, Inc. (Byrom- Davey), including additive
bid items for the total bid price of $995,053.00, and authorize the Mayor and the City
Clerk to execute the contract;
d) Establish a contingency of $99,947.00, approximately 10 percent, to cover the cost of
unforeseen work; and
e) Approve Budget Amendment No. 15BA -042 recognizing $312,602.00 in rebate revenue
from the Municipal Water District of Orange County (MWDOC) (250- 48891) and
appropriating $312,602.00 to Account No. 7251- C4002017 for the purchase of synthetic
turf material.
12. Multiple Buildings Painting Project - Award of Contract C -6013 (CAP15 -0047)
[381100 -20151
a) Approve the project specifications and drawings;
b) Declare the apparent low bidder ENL Service, Inc. as non - responsive;
c) Award Contract No. 6013 to Tony Painting, Inc. for the total bid price of $191,500.00,
and authorize the Mayor and City Clerk to execute the Contract; and
d) Establish an amount of $19,000.00 (10 %) to cover the cost of unforeseen work not
included in the original contract.
13. Request to Construct Private Improvements within the Public Right -of -Way at
1717 Bayadere Terrace (C -6093) [381100 -20151
a) Waive City Council Policy L -6, Private Encroachments in Public Rights -o[- -Way, to allow
Owners to construct wooden steps and plant private trees which encroach in excess of
1 foot into the Bayside Drive right -o£ -way, contingent upon all conditions of the
Encroachment Permit process being met; and
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b) Direct Staff to enter into an Encroachment Agreement with Owners, and authorize the
City Manager and City Clerk to execute the Encroachment Agreement within one (1)
calendar year upon receipt of approval.
F. MISCELLANEOUS
14. Planning Commission Agenda for the April 9, 2015 Meeting [100 -2015]
Receive and file.
15. Public Works Inspection Services for OCSD Mariners Mile Sewer Rehabilitation
Project [100 -2015]
Approve Budget Amendment No. 15BA -041 appropriating $80,000 from the unappropriated
General Fund balance to 5100 -8080 for Public Works inspection services for work being
performed by the Orange County Sanitation District within Newport Beach city limits.
Council Member Curry recused himself from this Item since he is on the OCSD
Board. Council Member Duffield recused himself from this Item because he resides
and has a business within 500 -feet of the project.
18. ABC Licenses, Crime Trends, and Options for Balboa Peninsula [100 -2015]
Direct staff to proceed with the following approaches for addressing concerns associated
with businesses that serve alcoholic beverages on Balboa Peninsula:
Part 1 - Maintain existing City regulations and work with restaurant and bar
owners /managers on a voluntary basis to improve management /operations;
Part 2 - Hold quarterly meetings with Mayor Pro Tern Dixon, interested residents,
representatives from the restaurant and bar- committee, and Police and Community
Development staff; and
Part 3 - If budget resources are available, increase Police presence at key times and
seasons on the Balboa Peninsula.
Motion by Mayor Pro Tern Dixon. seconded by Council Member Curry, to approve the
Consent Calendar, except the Items removed (Items 4, 16 and 17) and the continuation of Item 5;
and noting the recusal to Item 6 by Council Member Petros, and recusals to Item 15 by Council
Member Curry and Council Member Duffield.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. Adoption of Ordinance No. 2015 -6 Amending Newport Beach Municipal Code
Chapter 5.04 [100 -2015]
Motion by Council Member Curry, seconded by Council Member Petros, to conduct
second reading and adopt Ordinance No. 2015 -6, An Ordinance of the City Council of the City of
Newport Beach Amending Municipal Code Chapter 5.04 to Update Business License Provisions.
The motion carried by the following roll call vote:
Ayes: Council Member Petros, Council Member Curry, Council Member Duffield, Council
Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
Noes: Council Member Peotter
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16. Request for a Fee Waiver for the Environmental Nature Center (ENC) Preschool
Located at 745 Dover Drive (PA2015 -066) [100 -2015]
Council Member Peotter expressed concerns regarding waiving fees for a non - profit child care
center as there are many non - profit child care centers in the City.
Community Development Director Brandt reported that staff supports the request for a fee
waiver given that the ENC, when originally constructed, was done in partnership with the
City. The applicant has indicated that the construction of the proposed preschool is an
extension of their operations and they request that the City recognize its importance to the
community and grant a fee waiver.
Carol McDermott, ENC Representative, commented on the expansion and the opportunity to
train preschoolers about the importance of the environment. She added that the organization
is working towards many environmental enhancements, including LEED certification, and to
allow the interface of the ENC, the preschool, and for the play areas to be used by the students
that are brought into the ENC on a weekly basis.
Rick John, ENC Board of Directors, commented on the opportunity to educate preschoolers on
the environment and understand nature. He addressed LEED certification, being an active
part of the community and growth of programs. He invited Council to the ENC for a tour.
Council Member Petros commented on the value of the ENC to the community and noted that
they are the first LEED Platinum Certified building in Orange County. He noted that the ENC
has provided services to the City free of charge and provides Newport Beach children and
adults with many programs and benefits.
Motion by Council Member Petros, seconded by Council Member Currv, to a) find this
action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15260(c)(3) (the activity is not a project as defined in
Section 15375) of CEQA; and b) approve a waiver zoning entitlement, building plan check fees,
building construction permit fees, and encroachment permit fees associated with development
of a preschool located at 745 Dover Drive.
Council Member Peotter stated that the reason he pulled this Item is because he initially
believed that the ENC is moving away from their mission slightly by competing with other day
care centers.
Council Member Duffield agreed with Council Member Petros's comments, noting that the ENC
is an exceptional place. He added that they are paying a lot of fees.
Mayor Pro Tern Dixon agreed and voiced support for the motion. She suggested sending the
matter of fee waivers by non - profit organizations to the Finance Committee for review and
believed there should be a policy.
Council Member Curry commented on the ENC being a great community resource.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
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17. Request for Fee Modification for Lido Live Located at 3459 Via Lido [100 -2015]
Council Member Peotter stated that, when the applicant addressed Council and made a
comment on adjustments, he believed that Council should hear him out.
Hammer Brunch, Lido Live, explained that the Police Department and staff have been very
gracious. He believed that having two Police Officers at an event was enough and asked that
the fee be retroactive to the beginning. He indicated that, going forward, they agree that there
should be two Police Officers and reported that they have held 26 concerts with no incidents.
Community Development Director Brandt explained that staff did not feel it appropriate to go
back to the concerts that were already paid for. She added that the difference is approximately
$3,000 to $4,000 and that staff is seeking Council direction.
Police Chief Johnson reported there have been no significant problems with Lido Live events
and noted that Police presence may have prevented some issues. He stated that having two
Police Officers may be sufficient, depending on the performers and the crowd, and reported that
there should be an option for increasing Police presence, if necessary.
Motion by Council Member Peotter, seconded by Council Member Petros, to
a) find this action is not subject to the California Environmental Quality Act ( "CEQA ")
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect
physical change in the environment) and 15260(c)(3) (the activity is not a project as defined in
Section 15375) of CEQA; and b) approve a modification of the Police service fee for 19 Lido Live
special events to $597.76 per event, which will reduce the outstanding balance from $22,085.70
to $8,899.58, a $13,186.12 reduction.
City Manager Miff confirmed that the number of Police Officers assigned will be done on a case -
by -case basis.
Council Member Curry commented positively on Lido Live's events and encouraged colleagues
to attend the venue.
Jim Mosher believed that, if Police presence was provided, it should be paid for by Lido Live.
Hammer Brunch, Lido Live, addressed their average demographic and noted that the company
is a start -up and trying to make it work. He reiterated their request to also reduce the fees for
the first three events.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
XV1I. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Steven Chan commented on Vestal Village, alleging that they are illegal bars that target local
youth. He asked that Council support a boycott of the venue.
Ann Harper spoke in support of Mr. Chan's request, adding that the youth are being targeted. She
commented on drug problems in Costa Mesa and Newport Beach, and asked for a collaborative
effort to protect the youth.
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Mike Henn commented that new Council Members have earned the right to pursue new policies for
the City, but requested it be done in a fact - based, deliberate way, especially as it relates to
financial stewardship matters. He believed that the obligation is not being met and this could lead
to dire consequences for the City if it continues. He took issue with a recent motion from a
previous meeting to eliminate business license fees in the City since it would eliminate about
$4 million in revenue to the City. He believed that the proposal was made with no notice to the
public, financial analysis, discussion of programs that might be affected, or consideration of future
impacts. He urged Council not to make sudden, material changes in the middle of a budget year.
Council Member Muldoon noted that a corporation is for profit while government is not. He added
that government must spend other people's money wisely.
Council Member Duffield believed that a business license should not be a business tax. He stated
that Council was not voting on eliminating the business license fee but rather wanted to discuss it
and make it more fair and logical in terms of what it was originally meant to be.
Bob Caustin spoke in support of maintaining the existing blackball regulations and asked that
Council request that the Fire Department enforce existing regulations and not let board surfers in
the area between 40th and 44th Streets.
George Schroeder urged Council to maintain existing blackball regulations and noted that there
are a lot of beaches that board surfers can use.
Jim Mosher commented on prudent financial stewardship of the City and referenced Charter
Section 1116 relative to an independent audit of the City's finances. He addressed the City's
previous auditor and a contract approving the same auditor for this fiscal year. He added that the
contract was signed with no input or supervision by Council. He stated that the process is wrong
and noted that every year is a budget year in Newport Beach.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Dixon provided an update on a recent meeting of the Balboa Village Advisory
Committee (BVAC) and addressed items discussed.
Mayor Selich addressed a recent meeting of the Affordable Housing Task Force and provided an
update of items discussed and actions taken. Additionally, he announced a meeting of the
Tidelands Management Committee (TMC) on April 15, 2015, in the Community Room at 4:00 p.m.
Mayor Selich provided an update of the recent meeting of the General Plan/Local Coastal Program
Implementation Committee and addressed items discussed and actions taken.
XIX. PUBLIC HEARINGS
19. Uptown Newport Development Agreement Amendment Located at 4311 -4321
Jamboree Road (C -5387) [381100 -20151
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Curry, seconded by Council Member Petros, to continue
the item to the April 28, 2015, City Council meeting to allow time for the applicant and staff to
explore different options as recommended by the Planning Commission regarding additional
public benefits in exchange for the proposed delay in fee payments.
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The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
20. Appeal and Call for Review Procedures Code Amendment [100 -2015]
Senior Planner Ramirez provided a PowerPoint presentation, addressing details of the
proposed Code Amendment, Zoning Code requirements, recommendations by the Planning
Commission, chain of review, and staff recommendations.
In response to Mayor Selich's question, Senior Planner Ramirez reported that all Title 20
Hearing Officer decisions are included in the recommendations.
Mayor Selich opened the public hearing. `*
Jim Mosher noted that Council is being asked to amend a section of the Municipal Code that
was previously repealed, and commented on problems with the Planning Commission and
Council being watchdogs for the City. He suggested that Council reduce fees and let the
interested parties do the appealing. W� W
Hearing no further testimony, Mayor Selich closed the public hearing.
City Attorney Harp confirmed that Newport Beach Municipal Code Section 5.64 was repealed
at Council's last meeting and stated that it should be removed from the Ordinance.
In response to Council questions, City Attorney Harp explained the process for developing the
proposed Amendment. He also explained the general practice throughout the State in terms of
procedures for appeals.
Council Member Petros offered testimony in terms of his experience with appeals.
Mayor Selich confirmed that the proposed practice is very common throughout the State.
Motion by Council Member Curry, seconded by Council Member Petros, to a) find that
the adoption of Code Amendment No. CA2015 -001 is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines;
b) introduce amended Ordinance No. 2015 -8, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Title 20 of the Newport Beach Municipal Code Related to
Planning Commission and City Council Appeals and Calls for Review, approving Code
Amendment No. CA2015 -001 as recommended by the Planning Commission, and pass to second
reading on April 28, 2015; and c) introduce amended Ordinance No. 2015 -9, An Ordinance of
the City Council of the City of Newport Beach, California, Amending Various Sections of the
Newport Beach Municipal Code Related to Appeals and Calls for Review, with the removal of
Section 5.64, and pass to second reading on April 28, 2015.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
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21. Electric Vehicle Charging Stations Fee [100 -2015]
City Manager Kiff requested that this Item be continued due to a noticing problem.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Curry, seconded by Council Member Peotter, to continue
the item to the April 28, 2015 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
XX. CURRENT BUSINESS
22. Council Policy A -6: Items to be placed on Future Agendas for More Detailed
Discussion [100 -2015]
Council Member Peotter noted that Recommendation e) was withdrawn and believed that
Recommendation c) should be considered by the Planning Commission or withdrawn.
City Manager Kiff suggested changing Recommendation c) to be referred to the Planning
Commission.
Council Member Curry asked for clarification regarding Recommendation b) and City Manager
Kiff suggested that Council weigh in on the Environmental Quality Affairs Committee (EQAC).
Council Member Curry noted that focus should be on the words on paper and what they mean.
Council Member Peotter commented on the need to review Council policies and suggested
adding an annual review of committee structures as part of the review of Council policies.
Following discussion, Recommendation b) was changed to remove "and more ".
Motion by Council Member Peotter, seconded by Council Member Muldoon, to place
the following items on a future Council agenda:
a) Setting up a matching fund to assist in the Balboa Angling Club's repair of docks, floats,
and other aspects of the facility on the Balboa Peninsula;
b) Consolidating certain committees, which may include the Harbor Commission, and the
Tidelands Management Committee, eliminating "and more ";
c) Refer the Sign Code to modify how the Code addresses open house signs to the Planning
Commission; and
d) Asking the voters to amend the City Charter to require a 2 /3rds vote of the Council to place
a tax increase on the ballot.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
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23. Recommended Changes to the Special Event Support Funding Process [100 -2015]
Assistant to the City Manager Finnigan provided a PowerPoint presentation, addressing a brief
history of the City's support of community events, recent funding, persisting concerns, proposed
changes, two categories of events, updated criteria, two ways of providing support, funding
tiers, and proposed FY 16 funding.
Council Member Petros thanked Council Member Peotter for his efforts and commented on the
importance of supporting the community and having the two funding tiers. He addressed the
need to look at multi -year contracts that are tied to performance measures.
Mayor Pro Tem Dixon commented positively on the proposal and suggested requiring a report
30 -days after an event that would provide Council with an understanding of the success of the
event.
4
Council Member Peotter commented on the need for flexibility in the grants.
Council Member Curry commented on the process and noted that it can be frustrating as
everyone will want twice as much money as they receive.
City Manager Kiff stated that staff can be diligent in dealing with special situations.
Mayor Selich expressed concerns regarding organizations that are not IRS non - profits, (i.e. the
Balboa Island Art Walk) and stated that he would hate to not provide funding and asked if
there is any way that the policy can be set up to handle those situations. Assistant to the City
Manager Finnigan stated that she will look into that. Council Member Muldoon offered the
possibility of setting up minimum amounts. City Attorney Harp suggested adding "or similar
groups," thereby increasing flexibility.
Jim Mosher commented on a time when the City tried to make the process more public through
a Special Events Advisory Committee (SEAL) and suggested that Council review all of the
applications received rather than just those that staff prioritizes for their review.
Bernie Svalstad questioned the breakdown between small and large events. Assistant to the
City Manager Finnigan explained that smaller events received a total of about $93,000 in
funding and that the Christmas Walk was included in that category.
Motion by Council Member Petros, seconded by Mayor Pro Tem. Dixon, to a) approve
the proposed revisions to an Administrative Policy regarding the Special Event Support
funding process; b) preliminarily determine that $300,000 is the appropriate amount to fund in
the City's FY 2015 -2016 General Fund budget for special event support, noting that signature
events are allowed to move to a multi -year term (3 year maximum) subject to agreed upon
performance measures; and c) authorize staff to seek and review applications from event
organizers and present funding recommendations for City Council approval, allowing signature
events on a multi -year term subject to agreed -upon performance measures.
City Manager Kiff confirmed it would include City Attorney Harp's suggestion regarding non-
profit or similar.
Assistant to the City Manager Finnigan confirmed that reporting would be only for signature
events and allowing a fee credit. If they spent more, they would owe the City the difference and
if they spent less, the City would keep the difference.
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Mayor Pro Tem Dixon suggested a three -year maximum and setting forth expectations that it
is improbable they will get what they ask.
Council Member Petros accepted Mayor Pro Tern Dixon's suggestion regarding
setting a three -year maximum.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tom Dixon, Mayor Selich
24. Review of Proposed Fiscal Year 2015/2016 Capital Improvement Program Budget
[100 -20151
Public Works Director Webb provided a PowerPoint presentation including a summary of
specific projects and programs.
Motion by Council Member Curry, seconded by Mayor Pro Tern Dixon, to a) review the
draft Fiscal Year 2015/2016 Capital Improvement Program Budget and provide any further
comments or direction necessary for staff to amend the budget document and return with the
final draft document to City Council in late May or early June 2015 for approval and adoption
of the Final Fiscal Year 2015/2016 Capital Improvement Program budget; and b) authorize
staff to move forward with the sale of the Balboa Theater.
Council Member Peotter requested that the maker of the motion amend the motion to change
the Corona del Mar Entry Project from yellow to green.
Council Member Curry and Mayor Pro Tern Dixon agreed to the amended motion.
City Manager Kif£ stated that the General Fund allocation is now $5.4 million for CIP.
At Council Member Petros' request, Public Works Director Webb clarified the West Coast
Highway Median Project, but suggested pushing the project to another budget year. City
Manager Kiff clarified that the project is yellow which means it is not currently in the budget.
Public Works Director Webb reviewed Attachment B of the staff report, noting that those
marked as green are in the budget. He explained projects under the yellow and red category.
Council Member Petros suggested directing staff to include the Corona del Mar Entry Project in
the CIP and budget, and have it come back so Council can weigh in if it makes sense. He noted
the need to see a budget with the CIP that incorporates the project.
Jim Mosher commended staff on the clarity and detail of the CIP budget, spoke about money
allocated for the Balboa Angling Club building repair, and commented on the Balboa Village
Facade Improvement Project. He believed that the Operating Budget is opaque.
George Schroeder thanked Council for including the West Newport Community Center on the
CIP and the pedestrian bridge plan at Superior Avenue and Coast Highway.
Bernie Svalstad, Chairman of Corona del Mar BID, thanked Council for including the Corona
del Mar Entry Project in the City budget.
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Council Member Curry congratulated colleagues, staff, and the community. He highlighted
specific projects in the CIP and noted that Council is moving forward across the community.
Council Member Duffield questioned whether he should recuse himself from the Mariner's Mile
portion of the matter. City Attorney Harp stated that Council Member Duffield only needs to
recuse on the prioritization portion and may vote on the matter as a whole.
Mayor Selich requested and received confirmation that Council Member Curry included the
sale of the Balboa Theater in his motion.
Public Works Director Webb commented on staff's attempt to anticipate projects and thanked
staff for their work.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
25. Balboa Village Fagade Improvement Program Funding and Source [100 -20151
Community Development Director Brandt provided a PowerPoint presentation, addressing the
project background, details of the FaQade Program, and examples of improvements.
Craig Batley encouraged Council to approve the item and addressed funding. He believed that
this is a small investment that has community support.
Jim Mosher expressed concerns with taking money from parking meters and giving it to
private entities. Additionally, he spoke regarding giving preference to a specific area of the
City rather than to the City as a whole. He believed it was not proper for the City to devote so
much of the CDBG funds to one small area of the City.
Council Member Peotter expressed concerns that the City is taking public money and using it
for private enterprise. He stated that he looks at this as a trial situation and, because of the
limited amount of money concerned, looks forward to the program's success.
Mayor Pro Tom Dixon believed this is democracy in action, provided a brief history of the
process, and noted other cities that have had similar programs.
In response to Mayor Selich's question, City Manager Kiff reported that the proceeds from the
sale of the Balboa Theater will go into the General Fund.
Mayor Selich commented on the condition of properties in the area that need improved
maintenance and Community Development Director Brandt reported that those repairs are
included in the Fagade Improvement Project.
Discussion followed regarding the condition of the boardwalk and responsibility for
maintaining it. Mayor Selich encouraged staff to follow -up on the matter.
Motion by Mayor Pro Tern Dixon, seconded by Council Member Curry, to a) approve
Budget Amendment No. 15BA -039 that appropriates $98,500.00 from the Balboa Village
Parking Management District Fund Balance to expenditure account 7444- C8002039, Balboa
Village Commercial Fagade Improvement Program; and b) authorize the Community
Development Director to approve and execute the Grant Agreements.
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The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Mayor Pro Tern Dixon, Mayor Selich
Noes: Council Member Muldoon
26. Amendment of Newport Beach Municipal Code Chapter 12.44.020(F) - Parking Meter
Zones [100 -20151
City Manager Kiff provided a brief report on this matter.
Motion by Council Member Curry, seconded by Council Member Petros, to introduce
Ordinance No. 2015 -10, An Ordinance of the City Council of the City of Newport Beach
Amending Newport Beach Municipal Code Subsection 12.44.020(F) to add the Northerly Side of
West Balboa Boulevard to On- Street Parking Meter Zone 6, and pass to second reading on
April 28, 2015.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich
=. MOTION FOR RECONSIDERATION - None
)MI. ADJOURNMENT- 9:30 p.m.
The agenda for the Regular Meeting 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 April 9, 2015, at 4:00 p.m.
City Clerk
Recording Secretary
Mayor
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