HomeMy WebLinkAbout01 - MinutesJuly 24, 2018
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
July 10, 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 - None
SS2. Friends of the Newport Beach Animal Shelter (FONBAS) — One Year Update
Tim St.oaks, President of the Friends of the Newport. Be
and explained how the nonprofit organization created
Citv last year. He described FONBAS and its outreac
able to raise $50,000.00 through board member and
additional medical costs, special cages and to providf
going into the veterinarian medicine vocation. Mr. Sto
Police Department. Animal Control staff, and Police Ch
Council Member Dixon echoed Mr. St
for their fundraising efforts, and
partnership has been.
Animal Shelter, displayed a video
ublic/private partnership with the
xrograms, and reported they were
:Zen. contributions to assist with
Waxships for those interested in
thanked Council Member Dixon,
Lewis.
to City staff, congratulated FONBAS
how successful this public/private
In response to Council.Member Dixon's comments, Mr. Stoaks announced that FONBAS is
currently in a position to facilitate aicapital campaign to eventually purchase the shelter
property rather than::.continue to -lea ,�e it.
SS3. FEMA
Community Developme xt Director Jurjis and Deputy Community Development Director
Ghosn utilizeda j) rPoint presentation to compare the 2016 and 2018 flood zone map, and
discuss the Open. Pacific Coast Study and the affects the study has on property values,
development, and flood insurance premiums. He announced that, FEMA is accepting the
City's results, which reduces the number of properties in the flood zone. However, he noted
the Junior Lifeguard headquarters would now fall within the new flood zone.
In response to Council questions, Community Development. Director Jurjis indicated the
revised 2018 map includes a combination of properties on West Balboa Island that have been
rebuilt and raised above the flood line and those thathave naturally fallen out of the flood
zone and explained how the City tracks ground elevations and height certificates, and what
residents can do to prove their properties are not in a flood zone., including hiring a surveyor
or civil engineer. Deputy Community Director Ghosn indicated several factors that went into
the decision for the City to reevaluate the FEMA study, noting the past FEMA imaging
surveys used a much lighter imaging that only assumed elevation of the ground and
neglected seawalls. He reported on the studies and modeling the City did that ultimately
were found to be acceptable by FEMA. Regarding berms the City erects during the winter
season, Deputy Community Development Director Ghosn indicated transient structures
were not considered barriers by FEMA. Discussion further ensued regarding the impact: of
storms, wave height., seawalls, storm drains, storm surges, conduits and the 1% chance a
flood will happen, which is what FEMA takes into account when analyzing flood areas.
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
Community Development Director Jurjis confirmed that., even though the City knows the
time of year when flood events occur, FEMA still considers that, too unpredictable and does
not consider that, when evaluating flood zones. He reported the increased height and
strengthening of the Balboa Island seawall was not taken into account for the current FEMA
study, but, once the current malas are finalized, staff can bring that: request back to the City
Council for further evaluation.
Ying Poon, Vice President of Everest International Consulting, indicated that the flooding on
Balboa Island is due to the areas' low level of elevation and the openings at the ferry and
Collins Island bridge. He confirmed that the raising of the seawall will help in many areas,
but not: at those locations. Community Development Director Jurjis added that capping has
not fixed the flooding issues at the openings of the ferry and bridge.
Council Member Dixon commended staff, the consultant, and the City Council that
authorized the reevaluation.
Council Member Avery emphasized that residents choose—to live here and also need to take
responsibility, as the City cannot protect every homeowner from every event.
Community Development Director Jurjis thanked the Cify C fluncil for its support, recognized
evervone involved in the process, and noted t.here will be continued discussion of the financial
aspects of the changes. He indicated, due t6 the updates., there will be approximately a
$10 million savings per year in insurance since 2,7001.0 operti6s were removed from the flood
....................
zone, but stressed that there could be 1 000 property, owners on the Balboa Peninsula that
may now have to pay flood insurance.
Jim Mosher asked if the City would be reapansible for floodwater damage to a resident's
property if it confirms with tbejaomeowner that the property is not in a flood zone and does
not need insurance prior, t4 anydamale, and questioned the flooding areas listed in Item 8
(Marine Avenue Storm I)iain Pump Station and Drainage Systems Design). Community
Development Director Jurjis displayed the hydraulic map, confirmed the typical flooding
areas, and indicated tie flooding is glue to fresh water/street water.
Council Member Herdman cautioned that the Community Development Department might
be getting phon,ealls from those needing proof that they no longer need flood insurance and
suggested they prepare response. Community Development Director Jurjis indicated that
the department, 11tntilizing the Geographic Information System (GIS), would be happy to work
with the homeowners and issue a letter to the state with the City's findings, but, pointed out
the requirement to have flood insurance ultimately is a decision between the resident and
their mortgage company.
Council Member Muldoon added that this action is due to the City responding to federal
standards, not the City putting standards on the citizens. He commended staff for being
successful in showing data that FEMA was overly ambitious in its results.
SS4. Life Safety Services and Other Fee Study Updates
Community Development Director Jurjis and Senior Accountant Schweitzer utilized a
PowerPoint presentation to discuss the fee study methodology, including authority for cost
of service fees, the fees for service methodology, fee calculation procedures, report on how
Community Development is involved in the fee study process regarding fire prevention,
indicated there are fees for development and operational costs to recover staff time, and
detailed how the fees are being calculated and the costs to make an appeal.
In response to Council questions, Senior Accountant. Schweitzer confirmed that. City subsidy
fees are paid by the general fund. Community Development Director Jurjis explained why a
fire engine must be used for inspections versus another, less expensive City vehicle, indicated
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
the increase in the fees for operational permits will not eliminate or decrease the City's
subsidies, and noted there are companies that do this type of work but since it is state
mandated, the City prefers to have fire personnel do the safety inspections rather than
contract out to a third party or put the burden on the property owner.
Mayor Pro Tem O'Neill expressed concerns with implementing an automatic Consumer Price
Index (CPI) increase as it may take away any incentive to review the fees to find those that
could be decreased or eliminated. He recommended requiring each fee be reviewed on an
annual or bi-annual basis and requested including review of municipal code violation fines.
Council Member Peotter believed, since the City is already paying fire personnel to be on
duty, conducing inspections during down times could be looked at as a partial fee recovery.
He requested a Building Industry Association (BIA) report on how the City's fees compare to
surrounding jurisdictions and suggested Building and Fire Board of Appeals appeal fees be
refunded to the appellant if they are successful.
In response to Council Member Peotter's question,
indicated that the progressive fee structure utilized
inspection costs does not work for commercial proje
Adam Wood, BIA, thanked staff for their hard
jurisdictions, highlighted changes to the pro;
fees be phased in since it can take some time
Jim Mosher questioned if the amou
Intergovernmental Transfer (IGT)
transportation is the recovery cost
the City is charging for Coastal„De,,
fees to successful appellants ,skec
Coastal Development N its, and
difficult to understand.
III. PUBLIC C
nity Development Director Jurjis
late tenant improvement per unit
therefore a flat fee is used.
nparisons from surrounding
Gated BIA is requesting the
be informed of the changes.
n Item';4 (Medi -Cal Managed Care Rate Range
z� xegdrding recovering costs for ambulance
.......................
coot and asked about the change in the way
Permit fees. He agreed with refunding appeal
:dl should be charging appeals fees related to
the percentages in the cost recovery table are
Jim Mosher took issue with how the City Council is handling the appointment of the next City
Manager, pointed out a provision in the City Charter related to the City Manager recruitment, and
discussed Proposition 59,i
City Attorney Harp indicated that Item IV.A. would not be discussed at this meeting and
reported the City Council would adjourn to Closed Session to discuss the remaining items
as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION
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 Fire Management. Association (NBFMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management. Association (NBPMA); Newport Beach
Professional and Technical Employee Association (NBPTEA); Newport Beach Employees League
(NBEL); Part Time Employees Association of Newport. Beach (PTEANB); and Association of
Newport Beach Ocean Lifeguards (ANBOL).
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Merik J. Migliore, etc. v. Cite of Newport Beach, et al.
Orange County Superior Court, Central Justice Center
Case No. 30-2014-00720608-CU-CR-CJC
D. PUBLIC EMPLOYEE APPOINTMENT
(Government Code § 54957 (b)(1)): 1 matter
Title: City Manager. The City Council will consider all matters authorized by Government Code
Section 54957 (b)(1) related to the appointment of a new City Manager; however, the City Council
will not be appointing a new City Manager at this meeting,
E. PUBLIC EMPLOYEE PERFORMANCE EVA
(Government Code § 54957 (b)(1)): 2 matters
Title: Leilani L Brown, City Clerk
Title: Aaron C. Harp, City Attorney
F. CONFERENCE WITH LABOR NEG
(Government Code § 54957.6 (a)): 2
Agency Designated
Unrepresented Employee:
....... ........ ...
V. RECESSED - 5:
VI.
VII. ROLL CALL
"Duffy" Duffield, Mayor
City Clerk and Aaron C. Harp, City Attorney
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
VIII. CLOSED SESSION REPORT - None
IX. INVOCATION - Council Member Peotter
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member Avery:
•
Attended the 4fil of July is for Families Balboa Peninsula Bike Parade and Coinmunity Festival,
and the Mariners Park Independence Day Parade
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
Announced the July 12, 2018 Water Quality/Coastal Tidelands Committee meeting has been
canceled, but, the next meeting is scheduled for August 2, 2018
Council Member Dixon:
• Attended the 41h of July i.s for Families Balboa Peninsula Bike Parade and Community Festival.
and the 41h anniversary memorial events for Lifeguard Ben Carlson on July 6, 2018
•
Participated in a ride -along on July 4th with Police Chief Lewis
• Announced Orange County Sheriff Sandra Hutchens would be the guest speaker at. the Speak
Up Newport ineeting on July 11, 2018
Mayor Pro Tem O'Neill:
• Attended the 4,h of July Mariners Park Independence Day Parade
• Announced the next, Concert on the Green on July 15, 2018
1. Minutes for the June 26, 2018 City
Waive reading of subject minutes, app
2. Reading of Ordinances
Waive reading in full of all
title only.
ORDINANCES FOR
F100-2018]
order filed.
deration, and direct. the City Clerk to read by
Creation of a Harbor Department - Second Reading of Ordinance Nos. 2018-10 and
2018-11 [100-201$1
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) Adopt Ordinance No. 2018-10, An Ordi.n.aiwe of the City Coun.ci.l of the City of Newport Beach.,
California, Creating a, Harbor Department and Folding the Harbor Resources DU,,ision 1.1110
the Engineering Sen4ces Dit ision of the Public Works Department; and
c) Adopt Ordinance No. 2018-11, Air. Ordinance of the City Council of the City of Newport Beach,
California, Amending the Title and Introductory Table of Chapter 2.1? Sectton, 2.12.010 and
Adding Section 2.12.120 to Title 2 of the Newport. Beach. Municipal Code, Pertaining to the
Harbor DepartineW.
Mayor Duffield recused himself on Item 3 due to business interest and source of income
conflicts.
RESOLUTION FOR ADOPTION
4. Removed from the Consent Calendar
CONTRACTS AND AGREEMENTS
5. Notice of Completion for Fire Station No. 6 Apparatus Bay Replacement - Contract
No. 6422 (Project No. 16F11) [381100-20181
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.. On June: 13, 2017, City Council found this action exemptfrom the California
Environmental Quality Act (CEQA) pursuant. to Section 15302 (Replacement or
Reconstruction);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release Faithful Performance Bond one (1) year after acceptance by the City Council.
6. 2017-2018 Streetlight Improvement Project — Award of Contract No. 6269 (17V02)
[38/100-20181
a) Determine this action is exempt from the California Environmental Quality Act: (CEQA)
pursuant. to Sections 15302(c) (replacement of existing facilities involving negligible
expansion of capacity) of the CEQA Guidelines because this action will not result in a
physical change to the environment, directly or indirectly;
b) Approve the project drawings and specifications;
c) Award Contract No. 6269 to Elecnor Belco Electric, Inc. for the total bid price of $478,015.00
and authorize the Mayor and City Clerk to execute the contract.; and
d) Establish and encumber a $48,000.00 (approximately 110` percent.), contingency amount. to
cover the cost. of unforeseen work not included in the �rgu�al contract.
Council Member Muldoon recused himself on;Xtem 6 due t+ real property interests.
7. Geotechnical and Material Testing Services.. Approval of On-call Professional
Services Agreements [381100-20181
a) Determine that this action is exempt frI the California Environmental Quality Act. (CEQA)
pursuant. to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because itwill not:
result in a physical change to the entnment, €lirectly or indirectly; and
b) Approve four separate on-call Professional Services Agreements with GMU Geotechnical (C-
8087-2), Group Delta (C-85614), Geocan West (C-74 145-2), and American Geotechnical (C-
8562-1) for geotechnical.,end material testing services at a not. -to -exceed amount of $300,000
per agreement., and authorize the Mayer and City Clerk to execute the agreements.
8. Marine Avenue Storm",
torm Drain Pump Station and Drainage Systems Design — Approval
of Professional Services Agreement (C-8563-1) (Project No. 19D12) [38/100-20181
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 ldhaage to the environment, directly or indirectly;
.........................
b) Approve a Profession .$$ Services Agreement with PACE of Fountain Valley, California, for
Marine Avenue Storm Drain Pump Station and Drainage project at a not. -to -exceed price of
$395,300.00, and authorize Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 19BA-002 transferring $145,300.00 from Account.
No. 01201926-980000-19DII (Balboa Island Drainage Master Plan) to Account 01201926-
980000-19D12 (Marine Avenue Drainage System Improvements).
Council Member Herdman recused himself on Item 8 due to real property interests.
9. Concrete Street Pavement Reconstruction Project Design — Approval of Professional
Services Agreement (C-7184-1) (18R21) [381100-20181
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant, to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with PENCO Engineering, Inc. of Irvine,
California, for the Concrete Street Pavement Reconstruction Project at a not -to -exceed price
of $150,700.00, and authorize the Mayor and City Clerk to execute the Agreement.
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
XV.
10. Professional Services Agreement with Environmental Science Associates for
Environmental Services for a Proposed 275 -Room Hotel Project Located at the
Newport Dunes Resort (C-8564-1) (PA2016-175) [38/100-20181
Continued to a future meeting.
MISCELLANEOUS
11. Temporary Suspension of a Portion of City Council Policy B-17, Parks, Facilities and
Recreation Program Donations [100-20181
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) Temporarily suspend until further action by the City Council, the acceptance of, and action
on, any applications for donations of trees, benches or other tangible street or park furniture
as allowed for in City Council Policy B-17, Parks, Facilities and Recreation Program
Don.atiorn.s.
Consent Calendar, except for the item removed (It.em 4); a
on Item 3, recusal by Council Member Muldoon on Item 6, E
on Item 8.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Coune
Member Peotter, Council Member A
4. Medi -Cal Managed
[381100-20181
ier Herdman 'to approve thethe recusal by Mayor Duffield
by Council Member Herdman
Council Member Dixon, Council
O'Neill, Mayor Duffield
Transfer (IGT) (C-8085)
Council Member Pttor reviewed the amounts paid and received by the City over the past years,
explained how tl7te prograzri works reiterating that. the City may receive a refund but it is
required to proyide the money in advance, and noted he previously voted against this program.
Motion by Council Member Peotter, seconded by Mayor Pro Tem O'Neill, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant. to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result
in a physical change to the environment., directly or indirectly; b) adopt Resolution No. 2018-53,
A Resolution, of the City Coun.ci.l, of the City of Newport Beach, California, Anth.ori..zing the City
Manager, or Designee, to Execute Agreements with. the Department of Health. Care Services
(DHCS) and CalOpuma to Participate in. the FY `1017-2018 Medi -Cal Rate Range
hrtergowrnmenta.l. Transfer (IGT) Program.; and c) approve Budget Amendment No. 19BA-001
appropriating $273,017 from the General Fund unappropriated surplus fund balance to the
Medi -Cal IGT account. 01040404-821008 and to increase revenue estimates by $574,282 in the
Medi -Cal IGT account 01040404-431246 of the Fire Department.
In response to Council comments, City Manager Kiff agreed that there is some risk with
participating in the program and confirmed that. the City has received more than its
contributions back every year so far. He believed there is no reason why that would not continue
into the future.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
XVII.
Susan Skinner discussed democracy and her concerns about how the direct argument for the
November 2018 ballot measure was selected. She believed the political action committee that
submitted the direct, argument against the measure (Newporters for Ethical Government.) is not a
bona fide association of citizens and the argument should not have been accepted.
Greg Mohr, Gondola Adventures, displayed a slideshow and indicated his business will need to
permanently vacate its current location due to remodeling by the new owner.
Elisa Mohr, Gondola Adventures, displayed a slideshow, explained their need for community
assistance in helping them relocate, and listed some of the positive things the business does for the
community, such as employ local young people and utilize local restaurants and florists for their
cruises.
AL REPORTS FR
XVIII. PUBLIC HEARING
12. Resolution No. 2018-54, Modifying the New
District's Management District Plan [100-1
Mayor Duffield recused himself on
conflicts.
Mayor Pro Tem O'Neill opened the p
Jim Mosher expressed c
supplying for-profit sales
business to the Newport F
Hearing no
Deputy City Mar
Clerk to record a
changed to "Mar]
to
— None
ach Tourism Business Improvement
due to hu$iness interest and source of income
hearing.
Pro Tem O'Neill closed the public hearing.
requested the portion of sentence that reads, "...direct the City
ssment diagram" be removed from page 12-3, and "Marking" be
ution No. 2018-54, Section 5.
Council Member Dixon' emphasized the importance of the hospitality industry to the City.
Motion by Council Member Dixon, seconded by Council Member Herdman, to
a) determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will
not result in a physical change to the environment, directly or indirectly; and b) adopt. amended
Resolution No. 2018-54, A Resolution of the City Council of the City of Newport. Beach., California,
Amending the Maiwgement District Plan of the Newport Beach. Tourism Business Improoem.ent
District.
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
Recused: Mayor Duffield
XIX. MOTION FOR RECONSIDERATION - None
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City of Newport Beach
Study Session and Regular Meeting
July 10, 2018
XX. ADJOURNMENT - 7:31 p.m.
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
July 5, 2018, at 4:00 p.m.
Leilani I. Brown
City Clerk
Marshall "Duffy" Duffield
Mayor
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