HomeMy WebLinkAbout09/08/2015 - Study Session / Regular Meeting CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
September 8, 2015
I. ROLL CALL- 4:00 p.m.
Present: Council Member Peotter, Council Member Petros (arrived at 4:48 p.m.), 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 of Check from the Friends of the Newport Beach Library
Amy Hunt, President of Newport Beach Friends of the Library, presented a $205,000 check
to the City and thanked Library Services Director Hetherton for his support.
Mayor Selich expressed his appreciation on behalf of the City Council.
SS3. Proclamation Declaring International Literacy Day
Mayor Selich read and presented the proclamation to Literacy Program Coordinator Cheryl
Weiss.
Ms. Weiss thanked the City and invited Council to attend a ceremony on September 10,
2015, at 10:00 a.m. at the Central Library. She discussed the program, volunteers, and
volunteer hours contributed, and commented on their fundraising efforts.
SS4. Newport Beach Sister City Association Update and Antibes 25th Anniversary
1100-20151
Cherri Penne-Myers, Vice President, Newport Beach Sister City Association, distributed a
packet of information, thanked Council, and provided an update on the activities of the
Association. She addressed the Association's mission and reported on a recent visit to
Antibes, France, in celebration of the 25th Anniversary of the Sister-City relationship.
Additionally, she commented on student exchanges taking place in October 2016 and
February 2017. She also addressed continuing celebrations of the 25th Anniversary on
October 26, 2015, at the Newport Theater, as well as other events to which Council will be
invited.
Connie Skibba, head of the Okazaki Committee, distributed a picture to Council and
commented on the student exchange program. She addressed an upcoming pumpkin-
carving party and thanked Council for its support relative to the placement and
presentation of the Shogun Tokugawa statue. She invited Council to attend a party on
October 2, 2015.
Jack, the Newport Harbor High School Liaison, commented positively on his experience
visiting Antibes due to the Sister City program.
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Mayor Pro Tem Dixon thanked representatives of the Association for their support and
commented on her experience representing the City in Antibes. She added that the Sister
City organization is a volunteer organization, noting that no taxpayer dollars are used to
fund it.
Mayor Selich thanked Mayor Pro Tem Dixon for representing the City in Antibes and the
Association for promoting the Sister City relationship.
SS5. Presentation by the Orange County Sanitation District (OCSD) on the Start of
Phase II of Their PCH Sewer Force Main Project [100-2015]
Rob Thompson, OCSD Director of Engineering, provided a PowerPoint presentation
addressing the OCSD service area, OCSD sewers in Newport Beach, an update of their
projects in the City, and completed construction.
Public Works Director Webb reported that staff is working on Dover Drive and provided an
update relative to that project.
In response to Mayor Pro Tem Dixon's question, Public Works Director Webb provided
information on several projects in the Lido area, including a water -main replacement
project that feeds the Peninsula, as well as the widening project near 32nd Street.
Regarding future projects and impacts, Public Works Director Webb reported that staff is
trying to keep two lanes open in each direction at all times, but there will be instances
when only one lane will be open and where Mariners Mile will be impacted. Mr. Thompson
explained that, for impacts to the Mariners Mile sections, traffic control will be sequenced
so that they will be during off-peak hours.
SS6. John Wayne Airport (JWA) Settlement Agreement Amendment (C-2535): Noise
Monitoring Station Technology [38/100-2015]
City Manager Kiff provided a PowerPoint presentation, noting that people should be aware
that the noise monitoring microphones are being changed and so the limits are required to
be changed in the agreement, the change in runway designations and flight departure
patterns due to the FAA's reaction to changes in the polarity of the earth, the latter of
which includes an error that makes flights go too far to the west, and the FAA is working
on changing air space departures/arrivals, nationwide (NextGen). He referenced a letter in
which the FAA tries to explain the impacts of NextGen, which is available to the public in
the Environmental Assessment. He indicated that the effort is an attempt to narrow flight
paths to follow the historic paths of the bay.
City Manager Kiff addressed the Airport Noise and Capacity Act (ANCA) of 1990, the
number and location of noise monitoring stations, commercial airline operations, general
aviation operations, noise -based curfews, the three month test at four sites, microphone
directionality, Single Event Noise Exposure Level (SENEL) side-by-side tests, calibrations,
microphone and electronic system considerations, higher noise readings resulting from
better measurements, and the need to adjust noise limits to reflect the better technology.
Additionally, he commented on agencies that are yet to review this matter and presented
recommendations.
Jim Mosher took issue with the expansion of the airport over the last 50 years and believed
that the Settlement Agreement is a moving target. He addressed capacity limits and noise
limits, and referenced a chart he prepared that shows how those limits have increased . He
believed that the City should ask for concessions from the County in return for changing
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the limits.
Gary Hanson referenced an article in the Daily Pilot, noting that it looks like the FAA
wants to spread the way airplanes take off.
Mayor Selich noted the item under discussion is relative to noise monitors, not takeoff
patterns. City Manager Kiff stated he can speak with Mr. Hanson about takeoff patterns,
separately, as it is an important issue being faced by Balboa Island residents.
City Attorney Harp reported that the noise monitoring equipment has improved and noted
the importance of maintaining parity in the system. He stated that independent noise
experts looked into the matter and confirmed that the analysis is appropriate. He assured
that more noise is not being generated, but that there is better equipment to read noise
levels.
In response to Council Member Peotter's question, City Manager Kiff explained that, if the
older limits had been read with the new equipment, it could be argued that the noise level
was higher. Knowing that is a possibility, a settlement agreement that has arbitrarily
reduced the noise from what the noise limit should be cannot be in place pursuant to
ANCA.
Council Member Peotter believed that, if there is better reading equipment, the noise limits
should be held at the same standard.
City Attorney Harp stated that he understood that the original standards were based on
the measurements of the older equipment at that time. As the equipment was changed, the
same standards were kept.
City Manager Kiff added that the measurements were not arbitrary, but rather a
calculated and thoughtful measured assignment back when the settlement agreement was
written.
Airport Consultant Thomas Edwards commented on the need to look in a historical
perspective from 1985 and the number of changes that have occurred. He added that many
of the changes had nothing to do with what the County wanted. He referenced the current
cutback procedure at the airport and noted how it changed what was imposed. He added
that the noise is what it is but that it is now being registered with new equipment and read
differently. He reported that the settlement agreement was grandfathered in but there
cannot be an agreement which further limits or restricts access to the airport.
Council Member Peotter believed that it is not being made more restrictive, but rather
being brought into alignment with the original intent of the agreement.
Mr. Edwards noted that the original agreement talks about energy levels as measured by
the noise monitoring equipment. He added that, in 1985, there was no concept of the
intent, but rather as measured at that time. He addressed other changes, including the
elimination of Class AA aircraft.
Mayor Selich stated that a certain noise was agreed to in 1985 but now there is a different
way of measuring it because of the new equipment. City Manager Kiff added that there is
a direct link going back to 1985 and noise events that are being measured better. The
settlement agreement reflects the same noise event that would have occurred in 1985, but
now it is a more precise number.
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Mr. Edwards reported that some of the noise monitors were moved as a result of the noise
testing. The community weighed in very heavily and favored a 1,500-foot cutback.
Council Member Curry commented on the potential for lawsuits if this is not done. He
pointed out that the groups that reviewed this support and have approved the settlement
agreement.
Mayor Pro Tem Dixon asked how the flight path issue should be addressed. City Manager
Kiff reported that public comments on the Environmental Assessment were due today.
Council Member Petros reported there has been a very robust discussion at the Aviation
Committee meetings with many people expressing an interest in what is happening in the
airport. He added that the error in runway designations and flight departure patterns will
be addressed. Additionally, he stated that the City has very limited authority as it relates
to the operations at JWA, as it is the County's facility and once airborne, aircraft are at the
authority of the FAA.
III. PUBLIC COMMENTS- None
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-5:15 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Interim
Assistant City Manager, Terri Cassidy, Deputy City Manager, and Jonathan Holtzman;
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(d)(1)): 1 matter
Kent Moore a. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2015-00769714-CU-WM-CJC
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: 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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VIII. CLOSED SESSION REPORT -None
IX. PLEDGE OF ALLEGIANCE - Council Member Duffield
X. INVOCATION- Council Member Curry
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEMS)
Council Member Petros announced receiving numerous correspondence regarding school traffic at
Corona del Mar High School. He reported that the City has posted Police Officers to direct traffic
and asked that parents, residents and neighbors do their part by dropping off students earlier and
to be courteous, safe and slow around the schools. Additionally, he referenced correspondence
received regarding changes in departures and arrivals at John Wayne Airport (JWA) and noted
that it is due, in part, to the changing of the magnetic north of the earth and the renumbering of
the runways at the airport, giving a new sense of departure patterns, which is in error. He added
that he received an email from JWA which indicates that the FAA will implement corrections on
September 17 and the whole project will be completed by mid-October.
Council Member Petros announced a Coastal Clean-up day on September 19 and encouraged
residents to attend. He announced a Movie in the Park event on October 2 at Cliff Drive Park
where the movie Franhenweenie will be shown starting at 6:00 p.m.
Mayor Pro Tem Dixon announced the Peer-to-Pier Challenge on September 20 between 8:30 a.m.
and 12:00 p.m. where approximately 2,500 kids will be on the beach, hand-to-hand, between
Newport Pier and Balboa Pier. She addressed the event sponsors and noted it will help launch an
International Peace Day and will bring people together to start a wave of compassion. Additionally,
she announced upcoming library events and the September 12 Sculpture in the Civic Center Park
grand opening of Phase 2. She commented on a community meeting at the old City Council
Chambers on September 15 at 6:00 p.m. which will provide an opportunity for an update from the
Police Department and the Community Development Department regarding the Peninsula and
community policing.
Council Member Curry reported walking through the Marina Park facility and announced that it
will open on December 5.
Mayor Selich reported that the Orange County Community Emergency Response Team (CERT)
Mutual Aid Program won the 2015 FEMA Individual and Community Emergency Preparedness
Award for outstanding CERT program initiatives and commented on the City's participation. He
commented positively on the program and encouraged community members to participate.
Additionally, he announced the OASIS Senior Resources Expo on September 12 from 9:00 a.m. to
noon and commented on the reopening of Bonita Creek Park Sports Fields which was closed during
the summer for installation of synthetic turf. He addressed project costs and rebates provided by
the Metropolitan Water District of Southern California and the Municipal Water District of Orange
County.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Sea Level Rise Policy (Selich)
• Examining Options Regarding Air B-N-B and VRBO Short-Term Rentals (Dixon)
• Changing Policy A-17 (Airport)-the FAA and Fanning v. Narrowing(Petros)
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• Conducting a Health Risk Assessment Relating to Aviation Emissions (Petros)
Motion by Mayor Pro Tem Dixon. seconded by Council Member Curry, to direct staff to
bring the items back for Council consideration at the September 22, 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 Tem Dixon, Mayor Selich
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher referenced his written comments submitted regarding Item 5 (Outdoor Dining One
Year Pilot Program for Balboa Village) and noted that it was agendized on the BVAC agenda as a
different proposal to issue temporary permits for summer outdoor dining. He indicated that there
were concerns about blocking sidewalks and that only one person recommended the item and no
formal vote was taken on the recommendation. He also believed that the source of the
recommendation is unclear. Regarding Item 15 (JWA Settlement Agreement Amendment: Noise
Monitoring Station), he disagreed with comments made at the Study Session that there was just a
change in readings as opposed to a change in noise. He believed that the change will lead to noise
increases and allow higher noise levels, and that the City should ask for something in return.
Regarding Item 3 (Second Reading of Ordinance No. 2015-27 Relating to the Use of the Official
Seal of the City of Newport Beach), he asked why Council would allow a loosely written law and
suggested banning all use of the City seal with a few exceptions.
XV. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the August 11, 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. Second Reading of Ordinance No. 2015-27 Relating to the Use of the Official Seal
of the City of Newport Beach[100-20151
Conduct second reading and adopt Ordinance No. 2015-27, An Ordinance of the City
Council of the City of Newport Beach, California,Amending Newport Beach Municipal Code
Section 1.16.050 Regarding the Use of the Official Seal of the City of Newport Beach,
prohibiting all non-official uses of the official seal of the City of Newport Beach.
4. Second Reading of the Landscape Maintenance Code Amendments (PA2015-108)
[100-20151
a) Find the project to be categorically exempt pursuant to Title 14, Chapter 3 (Guidelines
for the California Environmental Quality Act) of the California Code of Regulations
under Class 7;
b) Conduct a second reading and adopt Ordinance No. 2015-25, An Ordinance of the City
Council of the City of Newport Beach, California, Approving Code Amendment
No. CA2015-007 and Amending Section 10.50.020 (Nuisance) of the Newport Beach
Municipal Code (PA2015-108); and
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c) Conduct a second reading and adopt Ordinance No. 2015-26, An Ordinance of the City
Council of the City of Newport Beach, California, Approving Code Amendment
No. CA2015-007 and Amending Section 20.36.050 (General Landscape Standards) of
the Newport Beach Municipal Code(PA2015-108).
C. RESOLUTIONS FOR ADOPTION
5, Outdoor Dining One Year Pilot Program for Balboa Village (PA2015-137) [100-
20151
a) Find this action is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and
b) Adopt Resolution No. 2015-69, A Resolution of the City Council of the City of Newport
Beach, California,Approving an Outdoor Dining Pilot Program for a Period of One Year
Within Balboa Village(PA2015-137).
6. Revision of City Council Policy G-1 (Retention or Removal of City Trees) and City
Council Policy G-6 (Maintenance and Planting of Parkway Trees) [100-20151
a) Adopt Resolution No. 2015-70, A Resolution of the City Council of the City of Newport
Beach, California, Amending City Council Policy G-1 (Retention, Removal, and
Maintenance of City Trees); and
b) Adopt Resolution No. 2015-71, A Resolution of the City Council of the City of Newport
Beach, California, Amending City Council Policy G-6 (Maintenance and Planting of
Parkway Trees).
7. Amend City Council Policy F-9 (City Vehicle/Equipment Guidelines) [100-2015]
Continue to a future Study Session.
8. Resolution to Revise Street Sweeping Parking Restrictions[100-20151
a) Rescind Resolution No. 2014-91; and
b) Adopt Resolution No. 2015-73, A Resolution of the City Council of the City of Newport
Beach, California, Establishing "No Parking" Restrictions on Designated Streets on
Specific Days and Times to Improve Street Sweeping Effectiveness and Rescinding
Resolution No. 2014-91.
Mayor Pro Tem Dixon recused herself from this item because she resides 500 feet
from the project
9. Investment Policy Review and Update [100-2015]
With the Finance Committee's incorporated recommendations, staff recommends that
Council formally approve the proposed changes by adopting Resolution No. 2015-74, A
Resolution of the City Council of the City of Newport Beach, California, Finding Consistency
with Stated Investment Objectives and Amending City Council Policy F-1, Statement of
Investment Policy, to Allow the City to Invest in Supranational Bonds; and to Make
Applicable the Investment Policy's Percentage Limitations for All Types of Securities Only
on the Date of Purchase, Consistent with California Code Section 53601. These changes are
in furtherance of the City's investment objectives.
D. CONTRACTS AND AGREEMENTS
10. Renewal of a Cooperative Agreement for Total Maximum Daily Load (TMDL)
Program Planning and Implementation for Nutrients, Fecal Coliform Bacteria
and Toxics in the Newport Bay Watershed (C-5164) [381100-20151
Authorize the Mayor and the City Clerk to execute Amendment No. 1 to Agreement D11-
066, in substantially the same form as the attached amendment, to extend the term and
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September 8, 2015
funding for implementing TMDL planning programs, studies, and monitoring in the
Newport Bay Watershed.
11. Traffic Signal Modernization Project - Phase 8 - Award of Construction Contract
No. 6079 (15T11/CAP 15-021) [38/100-2015]
a) Approve the project drawings and specifications;
b) Award Contract No. 6079 to Pro Tech Engineering Corporation for the total bid price
of $670,225.00, and authorize the Mayor and the City Clerk to execute the contract;
and
c) Establish an amount of $67,000 (10%) to cover the cost of unforeseen work.
12. Multiple Buildings Roofing Project - Reject All Bids - Contract No. 6226 [38/100-
2015]
Reject the bid received from Best Contracting Services, Inc.
14. Cooperative Agreement between the City of Newport Beach and The Regents of
The University of California for Marina Park Community Boating Program
(C-6282) [38/100-2015]
a) Approve the Cooperative Agreement between the City of Newport Beach (City) and
The Regents of The University of California (the University); and
b) Authorize Director of Recreation & Senior Services Department to execute documents
necessary to implement the Cooperative Agreement and approve future amendments to
the Cooperative Agreement as needed.
15. JWA Settlement Agreement Amendment: Noise Monitoring Station (C-2535)
[38/100-2015]
a) Find that the execution of the Tenth Supplemental Stipulation to the JWA Settlement
Agreement is not subject to the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines;
b) Find that that the Tenth Supplemental Stipulation to the JWA Settlement Agreement
complies with City Council Policy A-17; and
c) Authorize the City Attorney to execute the Tenth Supplemental Stipulation to the JWA
Settlement Agreement on behalf of the City.
E. MISCELLANEOUS
16. Planning Commission Agenda and/or Action Report for the August 20, 2015 and
September 3, 2014 Meetings [100-2015]
Receive and file.
17. Budget Amendment to Accept a Check from the Friends of the Newport Beach
Library and Appropriate Funds to the Library's Fiscal Year 2015/2016
Maintenance and Operation Budget [100-2015]
Approve Budget Amendment No. 16BA-005 to increase revenue estimates by $205,000 in
Account 0106052-511080 (Friends of the Library Donations) and to increase expenditure
estimates by the same amount in Division 0106052 (Friends of the Library) and Division
01060604 (Literacy Services).
18. Rehabilitation of the City's Radio Communication Tower [100-2015]
Approve Budget Amendment No. 16BA-006 appropriating $400,000 for the rehabilitation of
the City Radio Tower Rehabilitation Project from unappropriated fund balance. If
approved, 80 percent will be funded by the 800 MHz Equipment Fund, 15 percent will be
funded by the Water Fund and 5 percent will be funded by the Wastewater Fund.
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September 8, 2015
Motion by Mayor Pro Tem Dixon, seconded by Council Member Petros, to approve the
Consent Calendar, except for the item removed (Item 13); and noting the recusal by Mayor Pro Tem
Dixon on Item 8 and the continuance of Item 7 to a future Study Session.
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
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
13. Plan Review Services - Amendment to the Professional Services Agreement with
VCA Code (C-5878) and JAS Pacific (C-5875) and Approval of Budget Amendment
[381100-20151
Council Member Peotter requested clarification regarding the item not having a budget
increase.
Community Development Director Brandt explained that the staff report provides an estimate
on how many customers may want to utilize this service for outside plan check services. She
added that staff is providing a realistic, worst-case scenario relative to impacts to expenditures.
The cost for using outside consultants could be attributed to the increase in permit fees. City
staff is currently working at a very high level due to reaching capacity and, therefore, more
people may want to use an outside service or, there may be a situation where people choose an
outside service, and the City would realize a corresponding reduction in in-house staff
resources through a variety of methods. She assured that staff will monitor the program and
make appropriate adjustments.
Council Member Peotter commended staff for the item.
Motion by Council Member Peotter, seconded by Council Member Curry to a) find this
action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; b) approve and authorize the Mayor and
City Clerk to execute an amendment to the Professional Services Agreement with The Code
Group, dba VCA Code, for an additional $166,847 with a not to exceed limit of $1,546,847; c)
approve and authorize the Mayor and City Clerk to execute an amendment to the Professional
Services Agreement with Jason Addison Smith Consulting, Inc., dba JAS Pacific for an
additional $180,750 with a not to exceed limit of $1,121,750; and d) approve Budget
Amendment No. 16BA-002, increasing department expenditures by $347,597.
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
XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Wayne Harropson distributed a handout and commented on the Supreme Court decision relative to
same-sex marriage and believed that those who agree with it have condemned their souls. He
referenced a poster and took issue with those who voted to censure Council Member Peotter
Mayor Selich clarified that Council Member Peotter was not censured and that the comments are
beyond the jurisdiction of the City Council. He added that, if there are similar comments regarding
this matter, he will rule the speaker out of order.
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Jim Moore commented on a letter distributed by City Manager Kiff regarding removal of
Eucalyptus trees on Poppy Avenue. He requested evidence for the need to remove the trees and
commented on the lack of community input on the matter. He agreed that, if they are diseased or
hazardous, they should be removed but found it hard to believe there were that many trees.
Tanya Pham, volunteer and VP of Development for the Association of U.S. Army, announced an
upcoming Veterans Honor Ride on November 8 in association with the American Legion Post 716
in Los Alamitos. She noted that this is a fundraising effort and will include riding through
fourteen different cities, including Newport Beach. She addressed events and stops in connection
with the ride and recognized Retired Major and Vietnam Veteran Howard Lewis.
Retired Major Howard Lewis expressed pride in the country and in Association of U.S. Army for
their efforts.
Lesley Miller reported areas on the beach needing trash cans and the proliferation of tents on the
beach and related undesirable behavior and blockage to views. She suggested that Council
consider an ordinance to ban tents.
Paul Matheis congratulated Council, the City Manager and Matt Brisbois for the successful CERT
program. He referenced earlier requests for a Grand Jury investigation into the illegal leak of a
confidential memorandum and his subsequent request for an alternative investigation to be
conducted by the Civil Service Board. He reported that no information has been provided to the
public. He addressed the importance of confidence in the business of government at the local level
and stated that the failure of Council to act in a transparent manner is unfortunate and should be
avoided. He asked that Council provide information and feedback regarding the outcome of the
investigation.
Julie Hudash, Founder of Team Kids, thanked Mayor Pro Tem Dixon for sharing information about
the Peer-2-Pier Challenge and congratulated Council and the City for the beautiful Civic Center
facility. She discussed the organization and added that the Newport Beach event will be in honor
of 8-eight year old Martin Richard who lost his life in the Boston Marathon bombing. She
expressed hope that Council will participate in the free event. She added that they will also work
with the Ben Carlson Foundation.
Regarding the trees on Poppy, John Bryant believed that they are a big part of the City and hoped
that the City will give the matter further consideration. Additionally, he expressed concerns with
people selling merchandise on the beach at Corona del Mar State Beach and how the security
guards are handling fire pit issues. He suggested providing additional training to the security
guards.
Erin McDonald believed that the Poppy Avenue trees add charm and quaintness to the
neighborhood. She commented on the trees being special trees and understood the need to replace a
few diseased trees, but not the proposed quantities. She referenced the City Manager's letter and
asked why it was not accompanied by the documentation supporting the City's decision. She added
that the Eucalyptus is not listed in the City's list of problem trees and that residents should have
been informed of any overriding problems with the trees.
Tracey Funke agreed with the previous speakers' comments relative to the trees on Poppy Avenue,
believed that residents should have been notified, and felt that this is happening too quickly.
Steph McDonald commented on the removal of trees on Poinsettia Avenue and noted that trees
removed from Poinsettia have not been replaced.
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City Manager Kiff commented on the process for identifying dangerous trees, including obtaining
second opinions. He discussed the opinions of the City's contract arborist and that of a second
arborist. He addressed the ranking systems and the arborists' conclusions. He reported that the
supporting documentation will be placed on the City's website, the trees will be marked, and
residents will be advised of the date of the removal. He indicated that he would like to work with
residents regarding reforestation.
Mayor Selich stated that Julie Brinkerhoff-Jacobs, Lifescapes International, lives on Poppy and
was provided with documentation. He indicated that she intends to work with staff on the
reforestation plans.
Council Member Petros stated that he would like to quickly engage residents on plans for
reforestation when the trees are removed and commented on the need to get a canopy up on that
street. In response to his question, City Manager Kiff addressed the need for street parking on
Poppy Avenue.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Selich provided an update on the August meeting of the General Plan/Local Coastal
Program Implementation Committee, including items discussed. He added that the Planning
Commission will be holding a study session on the plan later this month.
XIX. PUBLIC HEARING
19. Community Development Block Grant (CDBG), Program Year 2014-2015,
Consolidated Annual Performance and Evaluation Report[100-20151
Community Development Director Brandt provided the staff report.
In response to Council Member Muldoon's question regarding the amount being offered,
Community Development Director Brandt noted that the report is for last year's grant which
totaled $326,590 and reported that there was grant money available from previous years. She
added that the amount varies depending on how much funding is available through the U.S.
Department of Housing and Urban Development (HUD).
Council Member Muldoon expressed concerns about strings associated with the money.
Community Development Director Brandt clarified that the money can only be used for certain
things specifically prescribed by the Federal Government and that the list is included in the
report.
Council Member Muldoon commented on mandatory housing requirements and expressed
concerns about how the Federal Government can use CDBG funds to require certain structures.
Council Member Petros commented on the amount for Administration and Fair Housing noting
increases from last year's report. Community Development Director Brandt explained it
reflects a combination of both line items.
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 a) find the
approval of the Program Year 2014-2015 CAPER is not subject to the California Environmental
Quality Act(CEQA)pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQ,A Guidelines;
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City of Newport Beach
Study Session and Regular Meeting
September 8, 2015
b) approve the Program Year 2014-2015 CAPER: and c) direct the City Manager or his designee
to submit the Program Year 2014-2015 CAPER to HUD.
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
20. Approval of Master Fee Schedule and Change in Subsidies Continuation[100-2015]
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 September 22, 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 Tem Dixon, Mayor Selich
XX, CURRENT BUSINESS
21. Appointments to the Board of Library Trustees [100-2015]
City Clerk Brown read the ballot votes for the Library Board of Trustees as follows:
Jill Johnson-Tucker — Council Members Peotter; Petros, Curry, Duffield, Muldoon, Mayor Pro
Tem Dixon and Mayor Selich
Janet Ray— Council Members Peotter, Petros, Curry, Duffield, Muldoon, Mayor Pro Tem Dixon
and Mayor Selich
City Clerk Brown announced that Jill Johnson-Tucker was reappointed to the Library Board of
Trustees for a four-year term and Janet Ray was appointed to the Library Board of Trustees for
a four-year term.
22. East Coast Highway Traffic Signal Rehabilitation Project - Award of Construction
Contract No. 5418 (15T04/CAP13-0017) [100-20151
Deputy Public Works Director Mark Vukojevic provided the staff report and detailed the
proposed project and timeline.
Motion by Council Member Curry, seconded by Council Member Peotter, to a) approve
the project drawings and specifications: b) award Contract No. 5418 to Dynalectric for the total
bid price of$1,993,887.00, and authorize the Mayor and the City Clerk to execute the contract;
c) establish an amount of$200,000.00 (approximately 10%) to cover the cost of unforeseen work
not included in the original contract; d) approve Budget Amendment No. 16BA-007
appropriating $855,200 from the unappropriated Pacific Coast Highway Relinquishment Fund
(137) to Account No. 13701.-980000-15T04 (East Coast Highway Traffic Signal Rehabilitation
project); and e) authorize staff to execute a sole-source purchase with Pacific Lighting Sales,
Inc. of custom LED luminaires and decorative scrolls for six intersections within Corona del
Mar Village.
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City of Newport Beach
Study Session and Regular Meeting
September 8, 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
XXI. MOTION FOR RECONSIDERATION- None
XXII. ADJOURNMENT-8:08 p.m.
The agenda for the Regular Meeting was posted on the City's website and on the City
Ball Electronic Bulletin Board located in the entrance of the City Council Chambers at
100 Civic Center Drive on September 3, 2015, at 4:00 p.m.
4i ,
Recording Secretary
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City Clerk
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