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Home My WebLink About01 - MinutesMay 12, 2015 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 28, 2015 I. ROLL CALL - 6:00 p.m. Present: Council Member Peotter (arrived at 6:02 p.m.), Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich Excused: Council Member Curry Il. PUBLIC COMMENTS Jim Mosher took issue with an amendment to an audit contract (C -4776) that was executed by staff without consent or public authorization from Council. He urged Council to reexamine the propriety of the contract. City Manager Kiff explained the reason for the amendment being handled as it was, reported checking with the City Attorney, and stated that the contract is in full compliance with the law to extend the contract one more year. Subsequently, he indicated that staff will go out for a Request for Proposal (RFP) for a new auditor which will ultimately be selected by Council. 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. III. CLOSED SESSION — 6:05 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 (LABEL); 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)): 3 matters Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701-JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 City of Newport Beach v. Orange County Register, et al. Orange County Superior Court Case No. 30 -2015- 00782207- CU- MC -CJC Volume 62 - Page 279 City of Newport Beach Regular Meeting April 28, 2015 Woody's Group, Inc. v. City of Newport Beach, et al. Orange County Superior Court Case No. 30 -2013- 00687091 California Court of Appeal, Division 3, Case No. 4th Civ. G050155 IV. RECESS V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Excused: Council Member Curry VII. CLOSED SESSION REPORT - City Attorney were taken. VIII. PLEDGE OF ALLEGIANCE -Council Member IX. INVOCATION - Council Member Peotter X. PRESENTATIONS - None XII. NOTICE TO THE PUBLIC hat no reportable actions XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Petros reported that Hoag Hospital is the largest employer in Newport Beach and that Becker Hospital Review awarded Hoag Hospital as being among the 100 great hospitals in America this year. Additionally, Hoag Hospital received a magnate designation by the American Nurses Credentialing Center and Health Grades named Hoag Hospital among America's 50 great hospitals and awarded it the Distinguished Hospital's Award for Clinical Excellence. He congratulated Hoag Hospital for its accomplishments. Council Member Petros addressed the Orange County Sanitation District (OCSD) project along Pacific Coast Highway and provided a status update. He reported that Phase 1 of the project will be completed by late May and that, in order to meet the deadline, the contractor will work day and night for the duration of the project. He encouraged residents to contact the Newport Beach Program Community Liaison with questions and concerns and provided the contact information. He pointed out that Mariners Mile businesses are open during construction and free parking is available. Mayor Pro Tem Dixon reported that the recent Taste of Balboa was a success and reported representing Mayor Selich at an Arbor Day event. Additionally, she reported receiving a check for $2,800, raised by students of Harbor View Elementary, on behalf of Special Olympics. She addressed a recent CERT simulation event and announced that the Friends of the Library will hold their annual book sale on May 2nd and their Second Annual Bunnies and Books for Kids Festival on May 9th. Mayor Pro Tem Dixon commented on the impacts of short -term rentals, noting that the City is losing a significant amount of Transient Occupancy Tax (TOT) revenue and asked that Council consider the matter at a future meeting. She also announced that a Town Hall meeting will be held for District 1 on May 4th at the old Council Chambers at 6:30 p.m, and noted items for discussion. Volume 62 - Page 280 City of Newport Beach Regular Meeting April 28, 2015 Council Member Muldoon commented on the mooring issue /dock tax and asked that Council consider the matter relative to commercial docks at a future Study Session. Mayor Selich reported attending the Fire Department Promotion Ceremony on April 22nd, the Film Festival Opening Night on April 23'd, and the start of the Newport to Ensenada Race on April 24th. He announced that Speak Up Newport will be holding a meeting regarding fire rings on May 13th in the Civic Center Community Room at 5:30 p.m. and that a document - shredding event will be held at OASIS on May tad. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher referenced his written comments. Regarding Item 4 (Appeal and Call for Review Procedures Code Amendment), he expressed hope that the City will heed the Appeal Court's warning to not let a person who initiates an appeal, sit in judgment on it. He commented on the need for hiring independent hearing officers to render decisions but now their decisions can be ignored or overwritten. Regarding Item 11 (Matching Maintenance Grant Funds to the Balboa Angling Club for Structural Foundation and Building Repairs), he took issue that the City has given the Balboa Angling Club free use of the property with the understanding that the Club would be responsible for the construction/repair of structures, but now the Club wants City taxpayers to pay half the cost of the repairs. He suggested that the City not subsidize them any further. City Manager Mff corrected that, relative to Item 11, staffs recommendation is that the amount be a not -to- exceed amount of $40,000. In response to Council Member Peotter's question, Mayor Selich commented on the public benefits provided by the Balboa Angling Club, including increasing the population of White Seabass, operating and promoting fishing activities for youth, and allowing the public use of an official weighing scale. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the April 14, 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. ORDINANCES FOR ADOPTION 3. Adoption of Ordinance No. 2015 -10 Amending Newport Beach Municipal Code Subsection 12.44.020(F) [100 -2015] Conduct second reading and adopt 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 Blvd. to On- Street Parking Meter Zone 6. 4. Appeal and Call for Review Procedures Code Amendment - Second Reading (PA2015- 029) [100 -2015] a) Conduct second reading and adopt Ordinance No. 2015 -8, An Ordinance of the City Council of the City of Newport Beach Amending Title 20 of the Newport Beach Volume 62 - Page 281 City of Newport Beach Regular Meeting April 28, 2015 Municipal Code Related to Planning Commission and City Council Appeals and Calls for Review (PA2015 -029); and b) Conduct second reading and adopt Ordinance No. 2015 -9, An Ordinance of the City Council of the City of Newport Beach Amending Various Sections of the Newport Beach Municipal Code Related to Appeals and Calls for Review. C. CONTRACTS AND AGREEMENTS 5. Back Bay Drive Roadway Maintenance Project - Completion and Acceptance of Contract No. 6005 (CAP15 -0041) [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. 6. Back Bay Drive Storm Drain Rehabilitation Project - Notice of Acceptance of Contract No. 5284 (CAP15 -0038) [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 acceptance by the City Council. 7. 2014 -2015 Citywide Slurry Seal Program - Award of Contract No. 5895 (CAP15- 0013) 138/100 -20151 a) Approve the project drawings and specifications; b) Award Contract No. 5895 to American Asphalt South, Inc., for the Total Bid Price of $485,035.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency amount of $49,000 (10 %) to cover the cost of unforeseen work not included in the original contract. 8. Water Main Master Plan Replacement - Reject All Bids for Contract No. 4920 (CAP14 -0031) [381100 -20151 a) Reject all bids received for Contract No. 4920; and b) Direct staff to review the scope of work and re- advertise for bids. F. MISCELLANEOUS 9. Planning Commission Agenda for the April 23, 2015 Meeting [100 -20151 Receive and file. 10. Appointment by Mayor of Ad Hoc Appointments Committee to Review Applications and Make Recommendations to the Full Council for the Board and Commission Vacancies [100 -20151 a) Confirm Mayor Ed Selich's appointment of Mayor Ed Selich, Mayor Pro Tern Diane Dixon, and Council Member Tony Petros to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full City Council for the Board and Commission vacancies; and b) Direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Wednesday, May 13, 2015; schedule confirmation of nominees to be made on June 9, 2015; and make appointments on June 23, 2015. Volume 62 - Page 282 City of Newport Beach Regular Meeting April 28, 2015 11. Matching Maintenance Grant Funds to the Balboa Angling Club for Structural Foundation and Building Repairs (C -6108) [381100 -2015] a) Direct staff to develop a Grant Funding Agreement, as approved to form by the City Attorney, to provide for one -to -one matching grant funding up to, but not exceeding an amount of $40,000 to the Balboa Angling Club for the structural foundation and building repairs to the City owned building at 200 A Street; and b) Authorize the City Manager and City Clerk to execute the necessary Grant Funding Agreement with the Balboa Angling Club, and the City Manager to approve and make any related payments under said agreement for said structural repairs. Motion by Mayor Pro Tem Dixon, seconded by Council Member Muldoon, to approve the Consent Calendar; and noting the amendment to Item 11 from a not to exceed amount of $30,000 to $40,000. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry V> XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Phil Milner, Newport Citizens for Responsible Growth (NCRG), introduced the organization and addressed its goals relative to the Corona del Mar High School sports complex expansion. He spoke regarding the need for field and track improvements and the desire to work with appropriate agencies to mitigate the project scope. He expressed concerns regarding traffic, safety, parking, trash, and other consequences related to the expansion, and promised that he would provide regular updates to Council. Council Member Petros thanked Mr. Milner and reported that he will continue to avail himself to the group and provide his professional expertise. Paul Doremus, Executive Vice President of the Villa Granada Community Association, addressed the Corona del Mar High School sports complex expansion, believing that the campus is small and has low- density. He spoke against building the size that is being proposed. He believed that home values and quality of life will decrease, and hoped that Council will help and understand residents' concerns. John Sturgess, Cliff Haven resident, distributed copies of a handout with a proposal for an open - space, natural, low- maintenance park. He provided a brief background, addressed a concept plan, and presented his proposal to the City. Michael Carrillo took issue with a parking citation he received, explained his actions, noting that there were no signs indicating that "backing in" is prohibited, and suggested placing such a sign where it is visible to patrons. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Selich reported that the Tidelands Management Committee (TMC) met last week to consider the Tidelands Capital Plan, but deferred discussions on the Balboa Island Seawall to Council as a Study Session item. He announced openings on City Boards and Commissions, encouraged those interested to apply, and reported that the deadline for applying is May 13th at 4:00 p.m. Volume 62 - Page 283 City of Newport Beach Regular Meeting April 28, 2015 XVII. PUBLIC HEARINGS 12. Uptown Newport Development Agreement Amendment Located at 4311 -4321 Jamboree Road (C -5387) [381100 -20151 Community Development Director Brandt provided a PowerPoint presentation. She addressed the proposed amendment, including background, entitlements, the Development Agreement, request for a change in the payment schedule, vicinity map, details of the master site development plan, conceptual renderings of Phase 1's development, existing public benefit fees and proposed changes, existing park fees and proposed changes, and Planning Commission and staff recommendations. In response to Council Member Petros' questions, Community Development Director Brandt reported that staff anticipates there will be one final map with each phase. She explained that the Certificate of Occupancy would be per building and would not occur on a per -unit basis. She further explained the proposed payment of the park fee and the notion of "deferred units ". Mayor Selich opened the public hearing. John Santry, Applicant and Vice President for Shopoff Realty Investments, stated that the impetus for the proposed change is to add flexibility and reported that there are currently two developers in Phase 1 and there may be multiple developers in Phase 2. Jim Mosher commented on the Planning Commission's meeting minutes and final recommendations. He believed that the Planning Commission members were uncomfortable having to make financial recommendations to Council. He commented on Item 13 (Participation in the Statewide Community Infrastructure Program) as it pertains to this item. Hearing no further testimony, Mayor Selich closed the public hearing. Council Member Petros expressed the opinion that allowing flexibility would generate a better project, creates better assets for the community, and creates a better outcome for the City. Motion by Council Member Petros, seconded by Mayor Pro Tern Dixon, to a) find that all significant environmental concerns for the Uptown Newport project have been addressed in the previously certified Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094), and the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and b) introduce Ordinance No. 2015 -11, An Ordinance of the City Council of the City of Newport Beach Approving First Amendment to Development Agreement No. DA 2012 -003 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2015 -015), and pass to second reading on May 12, 2015. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry 13. Participation in the Statewide Community Infrastructure Program [100 -20151 Finance Director Matusiewicz provided details of the staff report. Volume 62 - Page 284 City of Newport Beach Regular Meeting April 28, 2015 Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Peotter, seconded by Mayor Pro Tem Dixon, to a) adopt Resolution No. 2015 -28, A Resolution of the City Council of the City of Newport Beach Authorizing the City to Join the Statewide Community Infrastructure Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Special Assessments within the Territory of the City of Newport Beach; Approving Form of Acquisition Agreement for Use when Applicable; and Authorizing Related Actions; and b) authorize staff to execute all documents related to the above agreements. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry 14. Award of Non - Exclusive Solid Waste Collection Franchise to Skyline Construction Services, Inc. dba Scor Industries, a California Corporation [421100 -20151 Municipal Operations Acting Co- Director Pisani provided details of the staff report. Mayor Selich opened the public hearing. Jim Mosher referenced the environmental analysis and believed that there would be less impacts with less haulers in the City. Hearing no further testimony, Mayor Selich closed the public hearing. Motion by Council Member Peotter, seconded by Council Member Muldoon, to adopt 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. dba Scor Industries, a California Corporation to Provide Solid Waste Collection Services upon the City Streets and Within the City of Newport Beach. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry 15. Electric Vehicle Charging Stations Fee [100 -20151 Revenue Manager Tseng provided details of the staff report. She addressed existing charging stations in the City, a comparison of practices and fees by other cities, and the recommended fee structure. Mayor Selich opened the public hearing. Jim Mosher noted a previous Council Member's concern relative to making a gift of public funds. He also inquired about the City's former electric fleet. Hearing no further testimony, Mayor Selich closed the public hearing. Volume 62 - Page 285 City of Newport Beach Regular Meeting April 28, 2015 XVIII. Motion by Council Member Petros, seconded by Mayor Pro Tern Dixon, to adopt Resolution No. 2015 -27, A Resolution of the City Council of the City of Newport Beach Establishing a Fee for the Use of City Electric Vehicle Charging Stations. In response to Council Member Peotter's questions, Revenue Manager Tseng reported that the City's existing stations are crowded in the mornings and freed up in the afternoon. According to her observation, there have not been any issues over the chargers and the operation seems to be orderly. She added that the City will be charging on a per - kilowatt basis. In response to Mayor Pro Tom Dixon's question, City Manager Kiff reported that the City no longer has a fleet of electric vehicles, but currently uses natural gas vehicles. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tom Dixon, Mayor Selich Absent: Council Member Curry 16. Limitations on Water - Propelled Vessels in Newport Harbor 1100 -20151 Council Member Duffield recused himself from this Item since he owns a boat rental business. Harbor Resources Manager Miller addressed Council's prior direction to staff. Jim Mosher addressed staff recommendations and stated that, in this case, the Resolution presupposes that Council will adopt the Ordinance. He believed that it would be more appropriate to adopt the Ordinance along with the Resolution at the next Council meeting. He suggested changes to the Resolution, the Newport Beach Municipal Code, and to Council Policy. George Ferah referenced an email he sent to Council. He asked that Council better define the area in which the chosen business will operate and that it not be between 17th and 20th Streets as there have been problems in the area. He expressed concerns with noise and increased stress. In response to Council Member Peotter's questions, Harbor Resources Supervisor Levin reported that there are multiple locations in the Harbor where an operator can conduct his /her activities; however, it will be up to the operator and staff to decide. She added that locations can be worked out through the Request for Proposal(RFP) process and that issues that arise can be worked out as well. She reported that there is no agreement yet and that the current operator rotates locations. City Attorney Harp addressed insurance requirements and indemnity provisions that will be included in the contract. Harbor Resources Supervisor Levin addressed the terms of the RFP /contract. In response to Council Member Muldoon's question, City Manager Kiff stated that staff can look into whether there are resources available to conduct sound tests. Council Member Muldoon asked that the RFP contain provisions taking nearby residents into consideration. Volume 62 - Page 286 City of Newport Beach Regular Meeting April 28, 2015 Mayor Pro Tern Dixon referenced the previous Study Session on this matter and reported hearing from many residents in her District. She reported that she will not support the recommendation and explained that she is influenced by the unanimous vote of the Harbor Commission who voted against this recommendation. She commented on industrial uses in the Harbor and noted that this operation is noise - producing. She added that, even if the location is rotated, it will still have an impact on residential areas in the Harbor. She commented on allowing alternative locations, such as the ocean and Big Corona. Randy Nunnelly, West Bay Avenue resident, believed that the operation is noisy and thanked Mayor Pro Tern Dixon for her efforts. Dean O'Malley, President of Jetpack America, thanked Council for their consideration and stated that he feels that the business can fit in with the City. He addressed safety and a high staff -to- customer ratio. Regarding noise, he stated that they have conducted their own noise studies and that it is at a reasonable level for daytime operations. He commented on the popularity of the business and hoped to be part of the community going forward. In response to Council Member Peotter's question, Mr. O'Malley addressed issues that would make operating in other locations, such as the ocean, challenging. Judy Cole agreed with Mayor Pro Tem Dixon's comments and stated that it is not a good decision to pass an Ordinance when the details of the contract, requirements, and regulations have not been worked out. She listed issues that need to be considered prior to passing the Ordinance. City Manager Kiff stated that staff can make a commitment to bring the contract back to Council for approval. Mayor Selich stated that it would be a good idea and added that it is important to point out that the Ordinance is an enabling legislation that would allow for the RFP process. He indicated that it may be that no satisfactory proposal is received. Motion by Council Member Muldoon, seconded by Mayor Selich, to a) adopt Resolution 2015 -29, A Resolution of the City Council of the City of Newport Beach Adopting City Council Policy H -6 Relating to Water - Propelled Vessels; b) introduce Ordinance 2015 -4, An Ordinance of the City Council of the City of Newport Beach Regulating the Operation of Vessels Propelled by Water above the Surface of Newport Harbor, amending Newport Beach Municipal Code Section 17.20.060, and pass to second reading on May 12, 2015; and c) bring back contract for Council approval. Council Member Peotter believed that the operation is not compatible with other uses in the Harbor and, therefore, he will not support the motion. The motion failed by the following roll call vote: Ayes: Council Member Muldoon, Mayor Selich Nays: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon Recused: Council Member Duffield Absent: Council Member Curry City Manager Kiff requested direction so staff can bring something back to Council that would provide regulation. Volume 62 - Page 287 City of Newport Beach Regular Meeting April 28, 2015 In response to Mayor Pro Tem Dixon's questions, Harbor Resources Supervisor Levin stated that there is currently one operator and that their Marine Activity Permit will expire in May, 2015. She noted that the City does not have a prohibition against issuing permits. Mayor Pro Tem Dixon stated that she does not support this type of activity in the Harbor, suggested not renewing the existing contract, and believed that the City should not issue any more permits for this type of operation. With the concurrence of Mayor Pro Tem Dixon, Council Member Peotter, and Council Member Petros, City Manager Kiff indicated that staff will bring back an ordinance that would support prohibition of this use within the Harbor. 17. Council Policy A -6: Revisiting the RFP for Tree Trimming Services [100 -2015] City Manager Kiff introduced the matter. Mayor Selich indicated that information came to his attention that led him to consider revisiting this item. Jim Mosher commented that the RFP is not on the City's website and is only accessible through another portal. He noted that the public should be able to review them. Scott Griffiths, President of Great Scott Tree Service, addressed the current contract, their high marks on the evaluation, and good resident reviews. He commented on their service to the City and equipment purchased to perform the contract, and requested that they be allowed to continue serving the City and suspend the current RFP. Pat Mahoney, President of West Coast Arborist, previous City contractor, stated that there was a mistake in their previous RFP submittal. He alleged that the current contractor overspent and asked that Council move forward with the current RFP. Motion by Council Member Peotter, seconded by Mayor Pro Tem Dixon, to determine to place a discussion and action items on a future Council meeting relative to a formal vote to suspend the Request for Proposals (RFP) process for tree trimming, removal, and replacement services. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Mayor Pro Tem Dixon, Mayor Selich Nays: Council Member Muldoon Absent: Council Member Curry 18. Placement of "In God We Trust" Text in Council Chambers [100 -2015] City Manager Kiff provided examples of formats and locations for displaying the text. Jim Mosher spoke in opposition to including "In God We Trust" in the Council Chambers. He questioned why Council would want to promote Congress' motto since it is not the City's motto. He suggested other mottos and words to display and expressed the opinion that trust in God is not the basis of American patriotism. He paraphrased a recent orator, believing that the purpose of this is not to unite, but to divide believers and non - believers. Volume 62 - Page 288 City of Newport Beach Regular Meeting April 28, 2015 Council Member Muldoon noted that "In God We Trust" are the official words of the United States motto and that it represents the vast majority of Newport Beach residents and Americans at large. He added that he does not view it as controversial and commented on the separation of church and state, noting that it was not intended to create a secular society or erase God from history. He stated that he prefers the example provided in the back of the Chambers. Council Member Duffield stated that his preference is the example provided in the back of the Chambers. Council Member Peotter indicated he would first prefer the text under the City seal, then in the back of the Chambers. Council Member Petros stated that he has thought about this and concluded that it is acceptable to have the words in the Chambers. He indicated that he prefers seeing it in the back of the Chambers. Mayor Pro Tern Dixon preferred the example in the back of the Chambers, but suggested reducing the size of the letters. City Manager Kiff suggested 4" letters, rather than the 6" letters in the example. Mayor Selich stated that he will not support the motion, believing that it is not appropriate to display it in City Council Chambers. Motion by Council Member Muldoon, seconded by Council Member Petros, to place the "In God We Trust" text in the back of the Council Chambers, above the sliders, and using smaller letters (less than 6 ") of the same font as the remainder of the Civic Center signage. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon Nays: Mayor Selich Absent: Council Member Curry 19. Dover Drive and Westcliff Drive Street Rehabilitation — Award of Contract No. 5583(A) (CAP14 -0011) [381100 -2015] Public Works Director Webb provided a PowerPoint presentation, addressing existing conditions, project location, project description, prior Council consideration and direction, estimated costs, and recommendations. Council Member Petros commented on a curve where the sight distance is compromised since the width of the lane and the bike lane increase. He stated that he will support the item, but hoped that the extra pavement in the area will be considered to chevron out a little more of the extra pavement and allocate it to the bike lane for increased safety. Jim Mosher commented positively on this project and stated that the public has not had the advantage of seeing the RFP or the contract with a scope of services. He wondered if there is a separate contract for landscaping. Public Works Director Webb explained that a subcontractor may be doing the landscaping work. Volume 62 - Page 289 City of Newport Beach Regular Meeting April 28, 2015 Motion by Council Member Petros, seconded by Council Member Peotter, to a) approve the project drawings and specifications; b) award Contract No. 5583(A) to All American Asphalt for the Total Bid Price of $3,293,293.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $329,000.00 (10 %) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 15BA -043 appropriating $500,000 from the unappropriated Transportation and Circulation Fund to Account No. 7261- C2002018; appropriating $350,000 from the unappropriated Gas Tax Fund to Account 7181- C2002018; and transferring /re- appropriating $250,000 from General Fund project savings to Account No. 7013- C2002018, including $26,000 from 7013- C2001009 (Sidewalk, Curb and Gutter), $7,700 from 7013- C2202002 (Harbor Hills Streetlighting), $28,800 from 7011- C1002043 (Newport Coast Community Center Remodel), $44,500 from 7013- $2001011 (Slurry Seal Program), $15,000 from 7013- C3002021 (Eastbluff Dr Ford Rd Bike Lane), $50,000 from 7015- C4002010 (Bonita Canyon Sports Park Parking Lot Improvements), $1,600 from 7013- C2002028 (Bristol St Landscaping), $5,000 from 7013- C2002050 (Irvine Ave Medians), $53,000 from 7013- C2002057 (Asphalt Alley Replacement), $1,300 from 7014 - C3002020 (Bayside Cove Walkway), $5,600 7012- C7002005 (St. James Sewer Relocation) and $6,000 from 7014- C8002023 (Neighborhood Revitalization Planning), $1,900 from 7013 - C2002063 (Balboa Blvd Landscaping), and $3,600 from 7012- C2502006 (19th St Bay Ave Tidal Structure). The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich Absent: Council Member Curry 20. HUD Section 108 Loan Refinancing [100 -2015] Finance Director Matusiewicz provided details of the staff report Motion by Council Member Petros, seconded by Council Member Muldoon, to grant the City Manager authorization to approve the documents necessary to implement the refinancing at this time, including: a) Contract for Loan Guarantee Assistance for Series 2015 - A, specifying the terms and provisions of which the promissory note are to be issued and administered; and b) Fixed Rate Note for Series 2015 -A Certificates, specifying among other things, the speck provision that proceeds of this note shall be used solely for the purpose of refinancing, through defeasance, funds advanced under previous Note Series 2002 -A; and authorize the City Manager or his designee to do any and all things, to take such actions, and to execute and deliver any and all documents deemed necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the Series 2015 -A promissory note. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich Absent: Council Member Curry XIX. MOTION FOR RECONSIDERATION -None Volume 62 - Page 290 City of Newport Beach Regular Meeting April 28, 2015 XX. ADJOURNMENT - 8:57 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 23, 2015, at 4:00 p.m. City Clerk Recording Secretary Ic Volume 62 - Page 291