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HomeMy WebLinkAbout03/12/2019 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting March 12, 2019 I. ROLL CALL - 5:00 p.m Present: Council Member Brad Avery, Council Member Joy Brenner (arrived at 5:01 p.m.), Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Central Library Lecture Hall Proposal Jill Johnson -Tucker, member of the Board of Library Trustees, utilized a PowerPoint presentation to discuss the Central Library's 25th Anniversary, changes to the library over the years, program attendance, supporters of the library, library programs, sightline and audio visual equipment challenges during lectures, advantages to having a lecture hall, Star Library recognition, facility/library comparisons, and lecture hall options. She reviewed the proposal, discussed potential funding sources, and highlighted the Board's request. Council Member Avery expressed support, as long as there was some type of private funding involved In response to Council questions, Public Works Director Webb reviewed the potential timeline for the Request for Proposal (RFP), other phases of the project, and cost estimates, and reported the project would come back to Council and does not require Coastal Commission approval. City Attorney Harp noted the City can enter into an agreement with an outside organization in order to authorize them to commence fundraising. Board of Library Trustee Johnson -Tucker indicated they are initially estimating $1,000/square foot for the project. Public Works Director Webb reported the project can also be designed to not exceed a specific cost; however, staff will develop estimated costs so Council can make decisions on whether to move forward. He also discussed case law involving concept plans and final design. Council Member Brenner expressed support, believed there would be support for this proposal and the money would be well -spent since projects like this increase property values in the area, noting the foreman for the Corona del Mar fire station and library project told her the project would be doing that for the Corona del Mar area. Elizabeth Stahr relayed efforts by her and her husband to raise the funds to build the Central Library, expressed how proud she is of the library, and noted her support for the proposal. Lizanne Witte believed the City needs this type of cultural gathering place and expressed her support for the proposal. Dorothy Larson, past chair of Newport Beach Public Library Foundation and the Newport Beach Chamber of Commerce, believed the City needs to build for the future and expressed support for the proposal. Walter Stahr explained why a lecture hall is beneficial from an author/speaker's perspective. Mayor Dixon expressed support for the proposal, believed it would be a beacon for the Civic Center and Central Library, and agreed it should be considered during the budget process. Volume 64 - Page 50 City of Newport Beach Study Session and Regular Meeting March 12, 2019 SS3. Capital Improvement Program (CIP) Early Look The following conflicts were announced and the individuals left the dais when the projects were discussed: • Council Member Muldoon — Boys and Girls Club at Eastbluff Park due to potential real property interests; and Grant Howald Park Rehabilitation, West Coast Highway Median Landscaping Phase II, and Underground Utility Assessment District No. 113 due to potential business interests since he works in the telecommunications field • Council Member Herdman - Balboa Island Drainage Master Plan/Pump Stations due to real property interests • Council Member Avery - Balboa Peninsula Crosswalks Improvement Phase II due to real property interests • City Clerk Brown - West Coast Highway Median Landscaping Phase H and Balboa Peninsula Crosswalks Improvement Phase H due to real property interests Using a PowerPoint presentation, Public Works Director Webb and Assistant City Engineer Sinacori highlighted the City's goals for allocation of CIP funds and discussed new programmed funding in the facilities, streets and drainage, transportation, water quality and environmental, parks, harbors and beaches, water, wastewater, and miscellaneous categories. In response to Council questions, Community Development Director Jurjis indicated the City does not currently know the value of the Boys and Girls Club site. Public Works Director Webb clarified SB 1 funds, budgeting for street repairs, potential for grant funds, design of the Ocean Boulevard Concrete Pavement Replacement project, highlighted the Washington DC advocacy trip relative to dredging efforts, reported on options for the Newport Pier, and discussed the estimated cost of the General Plan Update process. Regarding the Grant Howald Park Rehabilitation project, he highlighted the project, funding using money from the the Facilities Financial Plan (FFP), public outreach and meetings, benefits to using synthetic turf, and the timeline. Mayor Pro Tem O'Neill expressed his desire that the FFP not be used for the entire amount of the Grant Howald Park rehabilitation. Mayor Dixon pointed out the total cost for CIP projects, noting that Council only approves $5 million of General Fund money in the budget, and expressed appreciation to staff for pursuing external funding sources and grants. She indicated that investments into infrastructure positively affect property values in the City. Regarding the West Newport Streetscape Master Plan, Public Works Director Webb confirmed it was approved in 2016 and funding is received as development occurs, but there are areas the City could improve through the use of General Fund money. Mayor Dixon and Council Member Avery believed this part of the City deserves some improvements. Jim Mosher received clarification from Public Works Director Webb that the amount of General Fund money in the CIP budget is determined by Council. Mr. Mosher believed traffic signals are the ideal location to install wireless and telecommunication infrastructure. SS4. Flood Zone Map Without objection, the item was continued to the March 26, 2019 study session. III. PUBLIC COMMENTS Jim Mosher questioned if it was appropriate for Closed Session Item IV.B to be discussed since no information was provided on the agenda. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the items listed in the Closed Session agenda and read the titles. Volume 64 - Page 51 City of Newport Beach Study Session and Regular Meeting March 12, 2019 IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Nancy Keys -Kuhn u. City of Newport Beach Orange County Superior Court, Case No. 30-2016-00840241-CU-PO-CJC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4): 1 matter V. RECESSED - 6:35 p.m. VI. RECONVENED AT 7:02 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Rabbi David Young, Congregation B'nai Tzedek, Fountain Valley X. PLEDGE OF ALLEGIANCE - Council Member Muldoon XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Avery: • Attended the Newport Harbor High School (NHHS) community meeting in response to the anti- Semitic incident, the Newport Heights/Westcliff meeting, and the Newport Shores Community Association meeting • Displayed a slide to announce the Harbor Commission Visioning Forum on March 18 at Marina Park (newportbeachca.gov/harbor) Council Member Duffield: • Displayed slides to discuss the Washington DC trip from March 4 to 8 to advocate for funding for dredging, and commended staff for all their efforts to set up meetings and the initial dredging funds Council Member Muldoon: • Requested the District 4 discretionary funds be used to assist sending NHHS students to the Museum of Tolerance in Los Angeles Council Member Brenner: • Attended the Harbor View Hills Community Association meeting, the Newport Foundation mixer, a hike in Upper Buck Gully hosted by the Irvine Ranch Conservancy, two ACC -OCC Public Policy Making sessions, the Hoag Classic Golf Tournament's Womanology breakfast with Mayor Dixon, an Aviation Committee meeting, a native plant tour in the Civic Center Park with City Manager Leung, an Orange County Sanitation District (OCSD) meeting, Corona del Mar High School's meeting in response to the anti-Semitic incident and shared her perspective on the situation, and breakfast with former Council Member Peotter Volume 64 - Page 52 City of Newport Beach Study Session and Regular Meeting March 12, 2019 • Displayed slides to discuss the progress of the Corona del Mar fire station and library Council Member Herdman: • Attended the Corona del Mar High School's meeting in response to the anti-Semitic incident and a town hall meeting on Balboa Island • Announced the John Wayne Airport Town Hall on April 6 with Board of Supervisor Michelle Steel and Mayor Dixon, and the Aviation Committee meeting on April 8 9 Requested a future agenda item to consider revising the annual trimming cycle of the trees on Marine Avenue Mayor Pro Tem O'Neill: • Attended the Corona del Mar High School's meeting in response to the anti-Semitic incident, a Spyglass Hill Neighborhood Watch Meeting, and the Orange County Government Leaders' prayer breakfast • Displayed slides to discuss a UCI children's Science, Technology, Engineering, Arts and Mathematics (STEAM) program at the library to learn about brains and highlight the streetlight improvements in Spyglass Hill Mayor Dixon: • Attended both the high school meetings in response to the anti-Semitic incident, the Orange County Government Leaders' prayer breakfast, the Newport Shores Community Association meeting, and the General Plan Update Steering Committee meeting • Announced Speak Up Newport on March 13 and the General Plan Update Steering Committee meeting on March 20 • Displayed a slide to announce the John Wayne Airport Town Hall on April 6 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of reinstating the City Council committee to address election reform (Herdman) The City Council unanimously concurred to place the matter on a future agenda. • Consideration of forming a subcommittee to bring back recommendations relative to the City enacting a lobbyist registration ordinance (O'Neill) The City Council unanimously concurred to place the matter on a future agenda. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 10 (Grand Canal Dredging Project Phase 2), Jim Mosher asked if dredging the commercial marina would be a joint project or if the City would be using taxpayer money to dredge a private marina. Referencing Item 6 (Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project), Ryan Farsai expressed his concerns regarding environmental issues on Ford Road. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 26, 2019 City Council Meeting [100-2019] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Volume 64 - Page 53 City of Newport Beach Study Session and Regular Meeting March 12, 2019 Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR ADOPTION Second Reading and Adoption of an Ordinance for a 6 -month Extension of the Hoag Development Agreement (PA2018-024) (C-2912) [381100-2019] a) Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that 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) Conduct second reading and adopt Ordinance No. 2019-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending a Development Agreement between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2018-004). RESOLUTIONS FOR ADOPTION 4. Resolution No. 2019-21: Adopting a Memorandum of Understanding with the Newport Beach City Employees Association (C-2051) and Resolution No. 2019-22: Adopting a Memorandum of Understanding with the Newport Beach Professional and Technical Employees Association (C-2056) [381100-20191 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. 2019-21, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association; c) Adopt Resolution No. 2019-22, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association; and d) Approve Budget Amendment No. 19BA-031 appropriating $522,562 to salary and benefit accounts for the NBTEA and NBTEA unit members from unappropriated General Fund surplus fund balance for the remainder of Fiscal Year (FY) 2018/19, effective March 16, 2019 through the end of the FY. 5. Resolution No. 2019-23: Supporting Submission of Grant Applications Under the Orange County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program (C-4959) [381100-2019] 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) Adopt Resolution No. 2019-23, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal(s) for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier I Grant Program. CONTRACTS AND AGREEMENTS 6. Ford Road and Bonita Canyon Drive Pavement Rehabilitation Project (191122) -Approval of Professional Services Agreement with TAIT & Associates, Inc. (C-7588-1) [381100-20191 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 a Professional Services Agreement with TAIT & Associates, Inc. of Santa Ana, California, for the Ford Road and Bonita Canyon Drive Pavement Rehabilitation project at a not -to -exceed price of $241,430.00, and authorize the Mayor and City Clerk to execute the Agreement. Volume 64 - Page 54 City of Newport Beach Study Session and Regular Meeting March 12, 2019 7. Approval of Amendment No. 1 to Professional Services Agreement with PENCO Engineering, Inc., a Cannon Company, for the Concrete Street Pavement Reconstruction Project (18R21) (C-7184-1) [38/100-20191 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 Amendment No. 1 in the amount of $65,000 to the Professional Services Agreement with PENCO Engineering, Inc., a Cannon Company, for additional engineering design services for a new not -to -exceed total price of $215,700, and authorize the Mayor and City Clerk to execute the Amendment. 8. Traffic Signal Rehabilitation Project - FY2018/19: Award of Contract No. 7576-1 (19T01) [38/100-20191 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion of use); b) Approve the project plans and specifications; c) Award Contract No. 7576-1 to Elecnor Belco Electric, Inc. for the total bid price of $826,040.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $82,000 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. Council Member Muldoon recused himself from Item 8 due to potential business interest conflicts since he works in the telecommunications field. 9. Pulled from the Consent Calendar 10. Grand Canal Dredging Project Phase 2 - Update on Contract No. 8171-2 (16H12) [38/100- 20191 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 4 Section 15304(8) (Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies) of the CEQA Guidelines, because this action will not result in a physical change to the environment, directly or indirectly; b) Accept the project update as presented; c) Authorize staff to proceed with additional maintenance work in the Grand Canal under the same contract; and d) Authorize staff to include dredging within the commercial marina at 2241 W. Coast Highway, as well as other nuisance high spots within the Newport Harbor. MISCELLANEOUS 11. Planning Commission Agenda for the March 7, 2019 Meeting [100-20191 Receive and file. 12. Pulled from the Consent Calendar 13. Pulled from the Consent Calendar Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent Calendar, except for the items removed (9, 12 and 13); and noting the recusal by Council Member Muldoon on Item 8. The motion unanimously carried. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR Volume 64 - Page 55 City of Newport Beach Study Session and Regular Meeting March 12, 2019 9. Amendment No. Two for Citywide Tree Maintenance Services with Great Scott Tree Service, Inc. (C-5648) [38/100-2019] In response to Council Member Brenner's questions, City Manager Leung and Public Works Director Webb discussed the reasons for the contract amendment and the six-month extension, the trimming timelines for various trees, and the duties and responsibilities of all arborists working for the City. Mayor Pro Tem O'Neill elaborated on the contract specifics and the reasons for the amendment, and believed the pruning cycle on Marine Avenue should be discussed at a future Council meeting. Council Member Herdman indicated that this subject is very divisive in the community and believed certain trees, particularly those on Marine Avenue, require their own pruning schedule. In response to Council questions, Public Works Director Webb and Deputy Public Works Director Martin explained the bidding process, reported that tree maintenance companies capable of handling this kind of workload are rare, there were only two companies that bid on this project in 2013, clarified how the City budgets for increased expenditures, and discussed how service requests are handled. Mayor Pro Tem O'Neill thanked staff for their hard work and pointed out there are 35,000 trees in the City. Maxine Maly, Balboa Island Preservation Association, provided comments from Judy Bolts regarding tree trimming that occurred at 5:00 a.m., Great Scott's performance, issues due to extra storm work, suggestion to find an additional contractor to help with the workload, and request that an arborist analyze the Eucalyptus trees on Marine Avenue. Ryan Farsai expressed his concerns regarding the CEQA language on the staff report and the 19 Ficus trees protecting his neighborhood from toxins in the ground. Motion by Mayor Pro Tem O'Neill, 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) approve Amendment No. Two with Great Scott Tree Service, Inc. for Citywide Tree Maintenance Services to increase the contract amount by $636,298.81, for a new multi-year not -to -exceed total of $16,960,000, and change the contract expiration date to June 30, 2024 to align the term with the City's fiscal year, and authorize the Mayor and City Clerk to sign the amendment. Council Member Herdman confirmed that the artificial turf around the Eucalyptus trees on Marine Avenue is being removed. In response to comments from the public and the City Council, Public Works Director Webb and Deputy Public Works Director Martin highlighted the qualifications and number of arborists the City uses, explained that the reason for the 5:00 a.m. tree trimming was for safety reasons and try to lessen the inconvenience on the public and business during business hours, confirmed the City does not have any written agreement with the Balboa Island merchants relative to a tree trimming schedule, and noted Great Scott was behind on the workload due to the recent storms. The motion carried 6-1 with Council Member Muldoon voting no. 12. Confirmation of Appointments to the General Plan Update Steering Committee [241100- 2019] Council Member Brenner expressed her appreciation for the community's comments on the appointees and believed the new and current committee members will do an excellent job. Volume 64 - Page 56 City of Newport Beach Study Session and Regular Meeting March 12, 2019 In response to Council Member Duffield's concern there were no harbor experts on the committee, Mayor Dixon assured him there will be harbor representation on the General Plan Advisory Committee. Susan Skinner expressed her concerns for transparency during the General Plan Update process and with some of the current committee members, and asked for a commitment from Council confirming that all new development will be listed in the future ballot question. Jim Mosher commended Council for appointing fresh faces to the committee and clarified that Ms. O'Hara was on the previous General Plan Advisory Committee, not a past General Plan Update Steering Committee. Motion by Council Member Herdman, seconded by Mayor Pro Tem O'Neill, to 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) confirm Mayor Diane B. Dixon's appointments of James Carlson and Catherine O'Hara to fill the vacant seats on the General Plan Update Steering Committee. The motion unanimously carried. 13. Ongoing Management of Unfunded Pension Liability [100-2019] Mayor Pro Tem O'Neill and Finance Director Matusiewicz utilized a PowerPoint presentation and highlighted the amount of time the Finance Committee spent discussing unfunded pension liability (UAL), reviewed the amount the City is currently paying, reported the proposed plan would save the City over $45 million in interest payments, emphasized the City is doing much more than most cities to address this issue, and thanked the Finance Committee, staff and past Council for their efforts. Council Member Muldoon indicated he initially was unsure this was the right thing to do, but believed it needed to be done, especially since no services would be cut. He thanked staff and current and past Councils for sharing this vision. Mayor Dixon commended prior Councils for addressing UAL and noted, under their management, the City was able to save money. She also thanked the employees for paying a portion of their contribution and reported the City has the highest employee contribution rate in Orange County. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Muldoon, 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) authorize the City Manager and Finance Director to instruct Ca1PERS actuary to consolidate unfunded liability amortization bases from fiscal years (FY) 2014 to 2018 into a new "2018 partial fresh -start" base not to exceed a 20 -year repayment term. The motion unanimously carried. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Robert Rush discussed a lawsuit that he was recently involved in, indicated that he had filed a complaint with the Fair Political Practice Commission (FPPC) regarding Council Member Herdman, and provided a copy of the complaint to the City Clerk. Susan Skinner encouraged Council to pursue political reform in the City. Volume 64 - Page 57 City of Newport Beach Study Session and Regular Meeting March 12, 2019 The following individuals relayed their experiences at the Newport Aquatic Center (NAC) and expressed their support of the NAC, its current board of directors, and Executive Director Billy Whitford: Mark Cernicky Kyle Anderson, NAC Board of Director Chris Blank Barbara Singleton Janet Sims Michelle Valetin John Chavez Mark Baldwin Ron Azure Rick Vanderpool Dick Astoff Siobhan Robinson Liz Reichenstein Beth Anderson Mark Foster and Scott Richter expressed their concerns with NAC leadership, the lack of governance and transparency, provided suggestions, and requested assistance from the City. In response to Mr. Richter's question, City Attorney Harp explained that a letter was sent to the NAC Board of Directors regarding the allegations and indicated their response was due March 15. Billy Whitford, NAC Executive Director, expressed his experiences and support of the NAC, and requested Council visit the NAC. Ryan Farsai discussed the conflict he is having with the his homeowners association and expressed concerns with contaminated land on One Ford Road. Mayor Dixon recessed the meeting at 9.19 p.m. and reconvened at 9.24 p.m. with all members of Council in attendance. XVIII. PUBLIC HEARING 14. 2888 Bayshore Drive (Newport Marina) — Appeal of the Harbor Commission's Approval for Marina Reconstruction and Reconfiguration (continued from the February 12, 2019 City Council meeting) [100-2019] Council Member Duffield recused himself since he is a tenant of the marina. Mayor Dixon opened the public hearing. Hearing no testimony, she closed the public hearing. Motion by Mayor Pro Tem O'Neill, 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) continue the Public Hearing to the March 26, 2019 City Council meeting. With Council Member Duffield recusing himself, the motion unanimously carried. XIX. CURRENT BUSINESS 15. Approval of Professional Services Agreement with Raftelis Financial Consultants, Inc. for the 2019 Water Rate Study (C-8587-1) [381100-2019] Utilities Director Vukojevic and Utilities Manager Catron introduced the item. Volume 64 - Page 58 City of Newport Beach Study Session and Regular Meeting March 12, 2019 Jim Mosher commented on the RFP process and the lack of information about the ranking of the bidders. Utilities Director Vukojevic indicated he could provide him with that information. Mayor Pro Tem O'Neill noted the draft Water Master Plan is online and suggested including bidder rankings on future staff reports. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Duffield, 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) approve the Professional Services Agreement for the 2019 Water Rate Study with Raftelis Financial Consultants, Inc. for $153,400; and c) authorize the Mayor and City Clerk to execute the Agreement. The motion unanimously carried. 16. Introduction of an Ordinance Amending Title 15 of the Newport Beach Municipal Code Setting Time Limits to Complete Construction [100-20191 Community Development Director Jurjis and Deputy Community Development Director Ghosn displayed a slide to discuss the age of open building permits. In response to Council questions, Community Development Director Jurjis noted reasons why projects could be delayed, including complexity of the project, and reported that, pursuant to the proposed ordinance, a project could be considered a nuisance after three years and discussed what actions and options the City could take. City Attorney Harp discussed the possibility for extensions and the authority of the Chief Building Inspector. Jim Mosher pointed out a typographical error and requested Council include the effective date in the ordinance. Discussion ensued relative to what the time threshold should be for a construction project, what body should consider requests for extensions rather than having staff consider them, and how residents will be able to voice concerns about long-running construction projects. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to continue the item to the April 9, 2019 City Council meeting with amendments to the proposed ordinance to include a three (3) year maximum time limit to complete the construction project, with any request for extension of time to be reviewed by an administrative hearing officer at a publicly noticed meeting. The notice shall be sent 300 feet around the subject property. Extensions of time shall be limited to a maximum of two 180 day extensions with anything more requiring City Council approval. Joanie Nichols discussed an eight year home project on Diamond Avenue, Balboa Island. The motion unanimously carried. 17. Professional Services Agreement with City Net for Homeless Outreach Services (C-7455- 2) [38/100-20191 Assistant City Manager Jacobs utilized a PowerPoint presentation to discuss homelessness in Newport Beach, what the City has been doing the past five years, the City Net six month pilot program, and the terms of the agreement. She reported the amount of the contract should be amended to be $1 million over the five year term. Matt Bates highlighted City Net's history, discussed the background checks for their employees, reported City Net is working with 17 Orange County cities, and reviewed its funding sources. Volume 64 - Page 59 City of Newport Beach Study Session and Regular Meeting March 12, 2019 In response to Council questions, Deputy Police Chief Birch, City Attorney Harp and Mr. Bates discussed limited law enforcement involvement and anti -camping laws, and explained what is involved with contacting and assisting homeless individuals. Mayor Dixon suggested adding a recommendation to bring back an item to Council that would form a Homeless Task Force where the Mayor appoints members of the Council, and later community members, to work on next steps with direction to look at temporary and permanent facilities. Jim Mosher asked if homeless individuals who are being provided assistance by members of the public would fall in the scope of the contract. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Avery, to 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) approve amended Professional Services Agreement with Kingdom Causes, Inc. (DBA City Net) of Long Beach, California, for homeless outreach services at a not -to -exceed cost of $1,000,000.00, and authorize the Mayor and City Clerk to execute the Agreement; c) approve Budget Amendment No. 19BA-030 appropriating $58,333.33 from the unappropriated General Fund balance to Police Patrol, Professional and Technical Account No. 01035353-811008; and d) at the March 26, 2019 City Council meeting, bring back an item to form a Homeless Task Force where the Mayor appoints members of the Council, and later community members, to work on next steps with direction to look at temporary and permanent facilities. The motion unanimously carried. 18. John Wayne Airport (JWA) General Aviation Improvement Program Draft EIR [100-20191 Deputy City Manager Finnigan utilized a PowerPoint presentation to discuss existing conditions at JWA, review the different alternatives, explain the rationale for supporting Alternative 3, and highlight where more information can be found. In response to Mayor Dixon's question, City Attorney Harp explained that many of the requests included in correspondence to Council were not appropriate mitigation measures for an environmental document. Council Member Herdman assured everyone that Council is concerned with JWA's impacts on the City's quality of life, they have reviewed all the alternatives, agreed that some of the things the community wants have nothing to do with an environmental document, and believed Alternative 3 has the least amount of impacts on quality of life. Nancy Alston expressed Stop Polluting Our Newport's (SPON) support for Alternative 3 and discussed JWA flights and how it affects the City. Maxine Maly expressed concerns about the adverse impacts of JWA on the City, suggested the City participate in negotiations with the Board of Supervisors and take legal action if necessary, believed the City cannot allow international expansion, and discussed the definition of general aviation. Jim Mosher expressed concern that the amount of the stated increases will end up being greater than what the County proposed, noted the EIR indicates the plan has to find consistency with the general plans of the neighboring cities, and questioned if the City can actually ask for a cap due to the Airport Noise and Capacity Act (ANCA) and wondered how much federal funding JWA received to actually fall under ANCA. Mel Beale, Airport Working Group (AWG), expressed support for Alternative 3, discussed AWG's correspondence, expressed concerns that the jet counts will increase, and indicated AWG is happy to work with the City. Volume 64 - Page 60 City of Newport Beach Study Session and Regular Meeting March 12, 2019 Council Member Muldoon pointed out the County's role associated with JWA, assured everyone that the City is doing what it can since this is the top health and quality of life issue for Newport Beach, explained why the City is supporting Alternative 3, and noted Council shares the public's concerns about the potential for increased numbers. Mayor Dixon and Council Member Herdman thanked everyone involved for their dedication and noted the City has and will continue to expend money to deal with this issue. Motion by Council Member Herdman, seconded by Council Member Muldoon, to a) 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) authorize the Mayor to send a letter to the Orange County Board of Supervisors requesting the Supervisors, after conducting project specific environmental review as part of the Final Environmental Impact Report, adopt project Alternative 3 as presented in the draft Environmental Impact Report for the JWA General Aviation Improvement Program. The motion unanimously carried. XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 10:54 p.m. The agenda and amended agenda were 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 March 7, 2019, at 4:00 p.m. r Leilani I. Brown City Clerk Diane B. Dixon Mayor Volume 64 - Page 61