HomeMy WebLinkAbout01/09/2018 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
January 9, 2018
I. ROLL CALL - 4:00 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill,
Mayor Duffy Duffield
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
Council Member Peotter believed that the entire wall should be removed (Item 4 - Request to
Retain Existing Improvements within the Public Right -of -Way Adjacent to 900 Avocado Avenue)
and announced that he will probably be pulling Item 6 tonight (Amendment to Sound Media
Fusion Sound Monitoring Services Agreement). In response to. his questions regarding Item 7
(Agreement for Refuse Container Collection Services with Roberts Waste & Recycling, Inc.),
Municipal Operations Director Pisani and City Manager Kiff explained how the contract was
amended, how the vendor was selected over the low bidder (Ware Disposal), discussed the
amended scope of work, the issues with Ware Disposal's proposal, the level of service currently
provided by Roberts Waste & Recycling, Inc., and confirmed that the City's purchasing agent
believes the process was fair.
Regarding Item 5 (Final Tract Map No. 17555 for a 23 -Unit Residential Condominium
Development Located at 3303 and 3355 Via Lido), City Manager Kiff indicated staff would be
asking for a continuance.
SS2. Pacific Life's 150th Anniversary
Mayor Duffield read and presented the proclamation to Jim Morris, Pacific Life CEO, Chairman
and President. Mr. Morris thanked the City for the proclamation and announced he will display
it in their Fashion Island office.
SS3. Beacon Annual Economic Forecast
Dr. Robert Kleinhenz, Beacon Economics, utilized a PowerPoint presentation to discuss the
U.S. labor market, the State's housing crisis, tax cuts and Gross Domestic Product (GDP)
changes; and highlight historical inflation trends, employment and slower job growth. He also
reviewed the local economy, focusing on job growth, the labor force, the City's resident
employment rates, taxable sales, residential real estate and permits, housing costs in the
County, and rental rates. Dr. Kleinhenz reported on State housing construction and housing
issues, local non-residential real estate vacancy rates, the County's tourism economy, and the
City's revenue forecast. He believed that, while slower job growth is expected, it is not a sign of
a recession.
In response to Council questions; Dr. Kleinhenz confirmed that residential housing sale prices
declined month-to-month in other counties, but increased year-to-year overall; there is no single
threat to the economy that stands out and explained what precursors are analyzed when making
recession assumptions; highlighted the reasons for the assumption that there will be a 5.4%
increase in sales tax revenue; pointed out that assessed valuation numbers are reliant on the
existing tax base, sales of homes and new construction; discussed how baby boomers, aging in
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Study Session and Regular Meeting
January 9, 2018
place, and properties in trust could affect this; and reviewed the residential housing sales
information for the City.
Mayor Duffield expressed concern with the City only providing services, and not manufacturing
anything, if residents restrict growth. Dr. Kleinhenz indicated that manufacturing has
remained stable nationally over the last 30 to 40 years.
Jim Mosher cautioned against believing growth is a good thing and is needed to improve quality
of life. He added that, since forecasts are generally incorrect, he suggested Beacon include error
bars in future financial forecasts.
SS4. Water Quality Overview
Deputy Public Works Director Vukojevic commended Senior Civil Engineer John Kappeler,
Water Conservation Coordinator Shane Burckle, and Assistant City Engineer Bob Stein for
their contributions to the water quality program. He utilized a PowerPoint presentation to
discuss the water quality report card; past and current National Pollutant Discharge
Elimination System (NPDES) permits requirements; programs and policy oversight; Water
Quality/Coastal Tidelands Committee priorities; Newport Bay Watershed and Newport Bay
Watershed Executive Committee projects; Total Maximum Daily Loads (TMDLs) as it relates to
sediments, nutrients, organochlorine compounds, and Fecal Indicator Bacteria (FIB); selenium
hot spots and diversions; copper issues; and trash and debris efforts, including using Continuous
Deflective Separation (CDS) basins. He highlighted the first Newport Harbor underwater
cleanup, the Bayview Heights drainage and restoration project, the Little Corona del Mar Beach
infiltration project, the sanitary sewer maintenance program, vessel holding tank pump -outs,
water savings, issues with run-off, turf removal projects, public education and community
outreach efforts, the importance of dredging the harbor, and significant water quality
accomplishments.
In response to Council questions, Public Works Director Webb and Deputy Public Works
Director Vukojevic indicated the dredging project that will occur north of the 405 Freeway will
be paid by the Orange County Public Works Department from their maintenance flood control
fund, and will be an ongoing project in conjunction with the upstream structure reducing the
amount coming in; reported on how people are made aware of the vessel holding tank pump -
outs; discussed their maintenance; and explained how compliance is sought.
Mayor Duffield thanked staff for attaining grants and assured everyone that the City will push
to move the projects forward.
Council Member Avery reported that he and Council Member Herdman serve on the Water
Quality/Coastal Tidelands Committee, they receive detailed staff presentations, the meetings
are well attended, and there is an intense drive to improve water quality.
Council Member Dixon indicated that she previously served on the committee, thanked staff
and former Council Members for their efforts and for obtaining grants, and expressed the
relationship between the City's quality of life, property values, and water quality.
Council Member Herdman explained that he requested this presentation so everyone
understands everything the City is doing for water quality.
Nancy Gardner noted that the Santa Ana -Delhi Channel trash collection and low -flow diversion
project is not complete, but is already diverting trash. She commended the City on its water
quality efforts and agreed that a lot of the problem comes from upstream. She announced that
the Irvine Ranch Water District (IRWD) is applying for funds to construct natural treatment
systems on several of the waterways leading into the San Diego Creek, and will probably look
to the City for cooperation.
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III. PUBLIC COMMENTS
Jim Mosher expressed concern regarding an incident involving staff and how they handled his appeal
applications related to a Planning Commission Coastal Development Permit (CDP) approval and a
department director's decision, and believed this may have public policy implications. Since time
expired, he stated he would continue his comments during the regular meeting and will suggest some
policy changes at that time.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City
Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Police Association (N -BPA); Newport Beach Police Management Association
(NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) (e)(2)): 9 matters
The Newport Beach Lifeguard Management Association (NBLMA), the Newport Beach Police
Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport
Beach Firefighters Association (NBFA), the Laborers International Union of North America
Local 777 (as affiliated with and on behalf of the Newport Beach Professional and Technical
Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on
behalf of the current and former members of said unions, as well as Vladimir Anderson and Robert
Salerno, in their individual capacities, are aware of the United States Court of Appeals for the Ninth
Circuit's decision in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may
result in litigation against the City of Newport Beach related to the calculation and payment of
overtime compensation.
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach v. United States Federal Aviation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
V. RECESSED - 5:31 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill,
Mayor Duffy Duffield
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Study Session and Regular Meeting
January 9, 2018
VIII. CLOSED SESSION REPORT
Regarding Closed Session Item IV. C, City Attorney Harp announced that the City Council unanimously
approved a settlement agreement, subject to final approval by the Federal Aviation Administration
(FAA), and that a press release is available in the Chambers vestibule and will be uploaded to the City
webpage.
IX. INVOCATION - Council Member Herdman
X. PLEDGE OF ALLEGIANCE - Council Member Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member Peotter:
• Requested an item be placed on a future agenda to consider requiring people who pull building
permits to provide a construction parking plan
Council Member Dixon:
• Announced the Speak Up Newport meeting on January 10, 2018, in the Community Room to discuss
sea level rise and how it will affect you; the Finance Committee meeting on January 11, 2018; and
Restaurant Week from January 15, 2018 to January 28, 2018 (DineNB.com)
Council Member Herdman:
• Announced future Aviation Committee meetings to focus on the County's perspective on airport
issues
• Requested the City Manager provide a report addressing steps that the City is taking to address
NextGen flight plan issues, the recent settlement agreement, and any other airport concerns
Mayor Pro Tem O'Neill:
• Announced he presented a proclamation to Orville Marlett who turned 100 years old and restated
that he holds office hours the second Thursday of each month at 8:00 a.m. in the Newport Coast
Community Center
• Attended the Central Avenue dock dedication, George Murdoch's retirement celebration, and the
Marina Park family fun night and boat parade viewing
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 4 (Request to Retain Existing Improvements within the Public Right -of -Way Adjacent
to 900 Avocado Avenue), Jim Mosher expressed his reasons for believing the wall should be removed
and suggested adding language in the deed that, if the wall is to be reconstructed, the property owner
cannot place it at its current location.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 12, 2017 City Council Meeting [100-20181
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
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RESOLUTION FOR ADOPTION
3. Resolution Updating the List of Designated Employees for 2018 Under the City's Conflict
of Interest Code [100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2018-1, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Designated Employees List for 2018.
CONTRACTS AND AGREEMENTS
4. Request to Retain Existing Improvements within the Public Right -of -Way Adjacent to
900 Avocado Avenue (C-8535-1) [381100-2018]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Waive City Council Policy L-6, Private Encroachments in the Public Right -of -Way, to retain an
existing planter wall that encroaches in excess of 1 -foot into the public right-of-way at the corner
of East Coast Highway and Avocado Avenue; and
c) Direct staff to enter into an Encroachment Agreement with the Owner, and authorize the City
Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year
upon receipt of approval.
5. Final Tract Map No. 17555 for a 23 -Unit Residential Condominium Development Located
at 3303 and 3355 Via Lido (C-8536-1) [381100-2018]
Continue to the January 23, 2018 City Council meeting.
6. Amendment to Sound Media Fusion Sound Monitoring Services Agreement (C-6178)
[381100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and
City Clerk to execute the agreement.
7. Pulled from the Consent Calendar.
MISCELLANEOUS
8. Annual Mayoral Appointments [100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Confirm Council Member Herdman's appointment of Joel Bergenfeld as the District 5
Designated Member to the Aviation Committee.
9. Appointment to the Corona del Mar Business Improvement District Advisory Board of
Directors [241100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Appoint Jasmin Mortazavi, representing Mathnasium, as the ninth member to the CdM BID
Advisory Board of Directors for the remainder of FY 2017-2018.
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10. Reconsideration for the Request to Install Toshiba Classic Street Light Banners [100-
2018]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Waive the provision and standard of Council Policy L-16 pertaining to the following
requirements for use of the City public right-of-way for banner installation: open to the general
public without charge and all banners shall be removed within thirty (30) days after the date of
installation; and
c) Allow for the installation of a maximum of 80 street light banners from Tuesday, January 16,
2018 to Monday, March 12, 2018 (55 days) for the 2018 Toshiba Classic golf tournament.
Installation will be along East Coast Highway, MacArthur Boulevard, and Jamboree Road.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to approve the
Consent Calendar, except for the item removed (Item 7); and noting the continuance of Item 5.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member
Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XV. ITEM REMOVED. FROM THE CONSENT CALENDAR
7. Agreement for Refuse Container Collection Services with Roberts Waste & Recycling,
Inc. (C-8537-1) [381100-20181
In response to Council Member Peotter's questions, Finance Director Matusiewicz discussed issues
with Ware Disposal's proposal. Municipal Operations Director Pisani described the type of truck
needed for the job and indicated he did not speak with Ware Disposal about the change to the scope
of work or agreement.
Motion by Council Member Peotter, seconded by Council Member Muldoon, to direct staff
to move forward with the low bid from Ware Disposal, as long as they can negotiate a price
commensurate with the reduction of the scope of work and can meet the other requirements of the
proposal; however, if Ware Disposal does not want the contract or cannot meet the requirements of
the proposal, staff is permitted to issue the contract to Roberts Waste & Recycling, Inc.
Jim Mosher asked for clarification on the current refuse collector and expressed disappointment
about the level of trash pick-up service at Mariners Library.
Council Member Dixon received clarification from City Manager Kiff about the overall cost of the
contract. She believed Council should receive more information in order to better understand the
process.
Amended motion by Council Member Peotter, seconded by Council Member Muldoon, to
direct staff to come back to the City Council after having discussions with Ware Disposal.
Council Member O'Neill discussed Ware Disposal's history in the City and expressed his surprise
that their proposal was lacking. However, he indicated he could not support re -opening negotiations
if Ware Disposal's proposal was not sufficient and would prefer to vote on the item tonight.
Council Member Herdman stated that Ware Disposal's lack of attention to technical details may be
an expression of their lack of interest in pursuing the contract.
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In response to Council questions, Municipal Operations Director Pisani indicated that he would give
Roberts Waste & Recycling, Inc. a grade of B for quality of service due to difficulties during the
busier times of year; however, he believed they do a good job overall. He added that past performance
was not considered in the proposal evaluation. Council Member Herdman expressed the opinion
that they have done a good job on Balboa Island.
Council Member Avery believed there is enough concern to warrant revisiting this and indicated he
is still unclear why Ware Disposal would be disqualified.
Following further discussion, substitute motion by Council Member Dixon, seconded by
Council Member Herdman, to a) table the item until further information is gathered; and b)
authorize staff to extend the current contract with Roberts Waste & Recycling, Inc. for three weeks
since the current contract is scheduled to expire.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XVI. PUBLIC COMMENTS ON NON AGENDA ITEMS
Sharon Courson cautioned the City and her neighbors about a business she used for her Newport
Heights property, questioned their business practices, and believed the business is devaluing her
property.
Nancy Skinner read comments on behalf of Stop Polluting Our Newport (SPON) which requested the
City move forward with initiating a General Plan Update and not be stalled over whether and what type
of committee should be formed, offered to collaborate with the City, highlighted SPON's request and
draft resolution from a previous letter to the City, and noted more information about SPON can be found
at SPON-newportbeach.org.
Jim Mosher provided an overview of his comments from today's Study Session and discussed his reasons
why he believes his appeal applications should not be subject to a fee. He took issue that one of his
appeal applications was acted upon prior to the deadline and listed several policy issues relative to
Title 21 of the Newport Beach Municipal Code (NBMC) and the appeals process in general, that he feels
need further discussion.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Peotter requested an item to be placed on a future agenda relative to installing
permanent noise monitors in the City for John Wayne Airport.
Council Member Herdman reiterated that he asked for a report regarding noise monitoring and the FAA
settlement agreement.
XVIII. PUBLIC HEARING
11. Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use
Permit No. UP2017-019 (PA2017-135) [100-20181
City Manager Kiff provided a brief staff report and explained why the applicant is requesting a
continuance to the January 23, 2018 City Council meeting. He noted the appellant is amenable to
the continuance.
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Motion by Council Member Peotter. seconded by Council Member Muldoon, to continue
the public hearing to the January 23, 2018 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 7:43 p.m. in memory of Bob Roubian
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
January 4, 2018, at 4:00 p.m.
Duffy Du i d
Mayor
� A
Leilan Ii B wro n
City Clerk
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