HomeMy WebLinkAbout01 - MinutesAugust 13, 2019
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
July 23, 2019
I. ROLL CALL - 4:00 p.m.
II.
SSI. Clarification of Items on the Consent Calendar
In response to Council questions regarding allowing Homeowner Associations (HOAs) to opt -out
of the Saturday construction noise restrictions and signage regulations (Item 3), Community
Development Director Jurjis clarified that the City does not have an opt -in process but if, there
is an interest for that after taking additional surveys, the City can come back to Council with
another ordinance and confirmed staff would look into determining if Newport Shores would be
considered an HOA.
SS2. Recognition of the USRowing Youth National Championship Gold Medalists -
Newport Aquatic Center's Men's Lightweight 8+
Mayor Dixon read the proclamation and presented it to the team. Coach D'Antoni commended
the team for their hard work and record.
Council Member Muldoon congratulated the team for winning the national title.
SS3. Overview of the State -mandated Organic Waste Recycling Requirements
Public Works Director Webb, Deputy Public Works Director Martin and Trevor Blythe of
EcoNomics utilized a PowerPoint presentation to provide an overview of CalRecyle and State
recycling mandates, the City's CalRecycle compliance requirements, the status of the revised
ordinance and franchise amendment, and future legislation.
Discussion ensued between the City Council and staff regarding upcoming State regulations
pertaining to organic waste, creating an ordinance that would require commercial businesses to
recycle organics, Assembly Bills administered by CalRecycle, outreach methods the City is
utilizing to ensure compliance, challenges commercial businesses are facing to be compliant,
how the City will need to assist in enforcing the regulations, the hauler's responsibility to
monitor and report violations, who will encumber the additional costs from the new process, the
number of trash pick-ups in the City, the number of organic food recycling franchises in
California and Arizona, Material Recovery Facilities (MRF), the timeline for putting the process
into place, and items that the Council working group should discuss.
Carmen Rawson provided examples on why she believes the organic waste recycling regulations
will be difficult to implement.
Jim Mosher believed the working group should have been discussed and formed during a Council
meeting, questioned what regulations the 25 businesses are out of compliance with, and asked
if the City is complying with the regulation to reduce landfill waste.
Deputy Public Works Director Martin indicated that 90% of the businesses in the City are
compliant and staff is working to meet the goal of 100% compliance. Mr. Blythe added that the
State wants 100% compliance and at this time 250 businesses in the City are following the
regulations.
Hoiyin Ip thanked the City for reviewing the new regulations and provided ideas to reduce trash
and increase education and outreach, and urged the City to ban plastic straws.
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July 23, 2019
Mayor Dixon indicated recycling violations in New York are very strict.
III. PUBLIC COMMENTS
Sharon Courson discussed building permit violations on her home and requested Council assistance on
stopping the citations she continues to receive. Mayor Dixon referred Ms. Courson to Community
Development Director Jurjis for further assistance.
Hoiyin Ip discussed the Heal the Bay beach report card and her concerns about the beaches in Orange
County. She thanked City staff for keeping the beaches clean and asked the public to help clean up the
beaches and treat them like they were their own backyards.
Jim Mosher clarified a question he asked during a previous item, reminded Council of his concerns
regarding Closed Session items not being available for public comment, and requested that copies of
tentative future agendas be available to the public.
IV. CLOSED SESSION - Council Chambers Conference Roo
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION 0-- IGA
(Government Code § 54956.9(d)(4): 1 matter
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Kathryn McCaughey u. City of Newport Beach, et al.
OCSC Case No. 30-2018-01016354-CU-PO-CJC
V. RECESSED - 5:29 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken.
IN. INVOCATION - Council Member Muldoon
X. PLEDGE OF ALLEGIANCE - Newport Beach DeMolay Chapter
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Avery:
Attended the Homeless Task Force meeting along with Council Member Brenner and Mayor Pro
Tem O'Neill, and the Orange County Sanitation District (OCSD) Operations Committee meeting
Commended staff on the grand opening of the Corona del Mar Branch Library and Fire Station
Introduced his mentee from Newport Harbor High School
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Study Session and Regular Meeting
July 23, 2019
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Council Member Duffield:
• Attended the Water Quality/Coastal Tidelands meeting with Council Member Herdman
• Commented on current weather conditions
Council Member Muldoon:
• Attended the Corona del Mar Branch Library and Fire Station grand opening
Council Member Brenner:
Met with City Manager Leung, Public Works Director Webb, Recreation and Senior Services
Director Detweiler and Deputy Recreation and Senior Services Director Levin regarding the
Organic Chemical Pilot Project, and Jodi Patrich regarding the Balboa Island Preservation
Association and other preservation issues in the City
Attended the Corona del Mar Branch Library and Fire Station grand opening (slide), the Homeless
Task Force meeting, and a farewell luncheon for Carol Hoffman McDermott
Council Member Herdman:
• Attended the Speak Up Newport meeting to provide updates on John Wayne Airport (JWA), Water
Quality/Coastal Tidelands meeting, Junior Lifeguard Hot Dog Dinner, Corona del Mar Chamber of
Commerce Government Affairs meeting, Corona del Mar Residents Association meeting, Orange
County Mosquito and Vector Control meeting, Fire Chief Duncan's retirement party, Corona del
Mar Branch Library and Fire Station grand opening, and the Aviation Committee meeting
Mayor Pro Tem O'Neill
• Attended the Homeless Task Force meeting and provided an update
• Displayed a slide to discuss and recognize the City's AAA rating from Moody's Investors Services
and the Certificate of Achievement from the Government Finance Officers Association
• Announced the upcoming Ben Carlson Foundation fundraiser on July 27, 2019, and his office hours
on August 7, 2019
• Wished his wife a Happy 10th Wedding Anniversary
Mayor Dixon:
• Attended the Central Library's 25th Anniversary Celebration, Junior Lifeguard Hot Dog Dinner,
Friends of OASIS Board of Directors Ceremony and swore in the new officers, retirement
celebration for former Fire Chief Duncan, and the Corona del Mar Branch Library and Fire Station
• Displayed slides to recognize Karen Carlson for her contribution to the new branch library and fire
station, and to remind the public of the free Trolley parking at the City's Avon Street lot
PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 10, Council Member Brenner reported that the $6,000 contribution to the Corona del
Mar Chamber of Commerce was done prior to her taking office.
Debbie Stevens, President of the Corona del Mar Residents Association (CdMRA), discussed a survey
they conducted regarding opting out of Saturday construction noise restrictions and signage
requirements (Item 3). Council Member Brenner thanked CdMRA for their efforts with the survey.
Jim Mosher discussed hisbehefs regarding the ordinance for Item 3, believed more time should be given
to allow other homeowner associations time to poll their residents, and questioned if the signage and
construction noise restriction requirements could be separated.
In response to Council questions, City Attorney Harp and Community Development Director Jurjis
explained that the current ordinance does not allow for the opting out of one restriction and not the
other, discussed the challenges that the City would encounter if the two were separated, and confirmed
the ordinance does not prohibit Saturday construction, but imposes noise limits.
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XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 9, 2019 City Council Meeting [100-2019]
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.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2019-11: Adoption of an Ordinance to Allow Homeowners' Associations to
Opt Out of Saturday Construction Noise Restrictions and Temporary Construction
Signage Requirements [100-2019]
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) Conduct second reading and adopt Ordinance No. 2019-11, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Sections 10.28.040 and 15.16.010 of the
Newport Beach Municipal Code, to Provide a Process for Homeowners' Associations to Opt Out
of Saturday Construction -Related Noise Regulations and Temporary Construction Project
Signage Requirements.
4. Ordinance No. 2019-12: Adoption of an Ordinance Amending a Development Agreement
for Hoag Memorial Hospital Presbyterian (PA2018-024) (C-2912) [100-2019]
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 proj ect, 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. 2019-12, 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).
RESOLUTION FOR ADOPTION
5. Resolution No. 2019-71: Amending the Scope of the Business Improvement District Ad
Hoc Committee and Changing the Name to the Ad Hoc Committee on Local Business
Advancement [241100-2019]
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. 2019-71, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Scope of the Ad Hoc Committee on Business Improvement Districts and
Changing the Name of the Committee to the Ad Hoc Committee on Local Business Advancement.
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6. Sewer and Storm Drain Systems Rehabilitation Project - Award of Contract No. 7538-1
(18503 and 19D02) [381100-2019]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (replacement of existing facilities involving no expansion of capacity) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment;
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b) Approve the project drawings and specifications;
c) Award Contract No. 7538-1 to Sancon Technologies, Inc. for the base bid price of $2,344,589.50
plus additive bid item 50 for $45,000.00 (to add a clarifier and sewer line at the City Corporation
Yard), for a total contract price of $2,389,589.50, and authorize the Mayor and City Clerk to
execute the contract; and
d) Establish $170,000.00 (approximately 7 percent), contingency amount to cover the cost of
unforeseen work not included in the original contract.
Acquisition of Rule 20A Credits from the Cities of Laguna Woods, Lynwood and Mission
Viejo [38/100-2019]
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 Memorandums of Understanding (MOU) with the cities of Laguna Woods (C-8183-1),
Lynwood (C-8591-2) and Mission Viejo (C-8504-2), documenting details of the transaction for
the Rule 20A credit acquisitions, and authorize the City Manager and City Clerk to execute each
Memorandum of Understanding; and
c) Authorize staff to process Rule 20A credit transfers between the City of Newport Beach and
Laguna Woods, Lynwood, and Mission Viejo with SCE.
Council Member Muldoon recused himself on Item 7 due to potential business interest
conflicts.
S. Pulled from the Consent Calendar
MISCELLANEOUS ,r
9. Planning Commission Agenda for the July 18, 2019 Meeting [100-2019]
Receive and file.
10. Required Council Reporting: Fiscal Year 2018-19 Annual Discretionary Grant Report and
the Grants and Donations Report for the Quarter Ending June 30, 2019 [100-2019]
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) Receive and file.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Duffield, to approve the
Consent Calendar, except for the item removed (Item 8); and noting the recusal by Council Member
Muldoon on Item 7, and amendments to Item 1.
The motion carried unanimously.
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
S. Amendment No. 3 to Professional Services Agreement for Airport Consulting Services
(C-7071-2) [38/100-2019]
In response to Council Member Muldoon's questions, City Manager Leung indicated the present
contract began on May 23, 2017, but Mr. Edwards has been consulting for the City since 2008,
confirmed that Mr. Edwards was a former City Council Member and Mayor, and discussed the
contract amount.
Motion by Council Member Muldoon to table the item indefinitelv.
The motion died for lack of a second.
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Motion by Council Member Herdman, seconded by Council Member Brenner, 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. Three to the Professional Services Agreement with Thomas Cole Edwards, Inc. to increase the
not -to -exceed amount by $85,000 for a total not -to -exceed amount of $272,500, and authorize the
Mayor and City Clerk to execute the amendment.
Discussion ensued between Council and City Manager Leung regarding the average hours per
month the consultant works and how they are tracked, the scope of duties performed on the City's
behalf, and the detailed billing report.
Jim Mosher believed this contract was not awarded properly in 2008 since there was no Request for
Qualifications (RFQ), questioned the specifics of the current contract and scope of services, and
whether some of the work being done by the consultant could be done by staff, and suggested that
all aviation related contracts go to the Aviation Committee for review prior to going before Council.
Laurie Petrie discussed the Aviation Committee meeting she attended on July 22, 2019, and voiced
her concerns regarding the contract with Mr. Edwards.
In response to Council Member Muldoon's question, City Manager Leung confirmed that, since this
contract is an extension, no other contractors were considered and she believed Mr. Edwards is an
expert in this field. She indicated a Request for Proposal (RFP) was done in January or February of
2019 to find additional aviation expertise and David Wilson was selected from that RFP.
The motion carried 4-3, with Council Members Avery, Duffield and Muldoon voting no
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Alexander Gonzalez, Field Representative/Caseworker for Congressman Harley Ronda's Office,
introduced himself, discussed his background in Newport Beach, and highlighted the six-month report
on the Congressman's website.
Rachel Curry, Field Representative for Assemblywoman Collie Petrie -Norris' Office, congratulated the
City on the grand opening of the Corona del Mar Branch Library and Fire Station, discussed Assembly
Bill 608, announced the upcoming seminar regarding senior scam stopping, and notified the public
regarding various councils and boards the Assemblywoman is developing. She indicated applications
can be found on the Assemblywoman's website.
Michael Voorhees voiced his concerns regarding vacation rentals in his neighborhood and requested
that Council monitor the area for compliance. Mayor Dixon referred Mr. Voorhees to Community
Development Director Jurjis for assistance.
Max Johnson discussed a recent pedestrian accident near the 7 -Eleven on Balboa Boulevard, and
requested the City reconsider installing lights at the crosswalk for better visibility.
In response to Council comments, Public Works Director Webb provided an update on Phase II of the
crosswalk proj ect and confirmed he would have staff take a look at lighting in the area.
XVII. PUBLIC HEARING
11. 2019 Drinking Water Quality Report on Public Health Goals [100-2019]
Utilities Director Vukojevic and Water Quality Coordinator Van utilized a PowerPoint presentation
to discuss State and Federal drinking water standards, the State requirement for an annual report
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and public hearing every three years, public health goals, the City's 2019 drinking water quality
report, and staff recommendations.
Mayor Dixon opened the public hearing.
Jim Mosher commented on the annual water quality report and suggested the City compare the
contamination amounts between City tap water and store bought bottled water to avoid residents
being concerned about the City's drinking water.
Hearing no further testimony, Mayor Dixon closed the public hearing.
In response to Council comments, Utilities Director Vukojevic assured the public that the City's
drinking water is very safe, safeguards are in place, and testing is done frequently with results being
submitted to the State.
Motion by Council Member Herdman, seconded by Mavor 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 c) receive and file City of Newport Beach 2019
Drinking Water Quality Report on Public Health Goals. It
The motion carried unanimously. VV
XVIII. CURRENT BUSINESS
12. Employment Agreement with Jeff Boyles for Fire Chief Services (C-8182-1) [38/100-2019]
City Manager Leung described the recruitment process for the Fire Chief position and the details of
the current agreement with Jeff Boyles. She added that she believes Fire Chief Boyles will do a good
job for the City.
Motion by Council Member Avery, seconded by Council Member Brenner, 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) authorize the City Manager to Execute an
Employment Agreement Between the City of Newport Beach and Jeff Boyles for Fire Chief Services.
In response to Jim Mosher's questions, City Manager Leung reported that 30 to 40 applications were
received and 6 to 8 applicants were selected to participate in the extensive interview process.
Mayor Pro Tem O'Neill expressed his gratitude to Fire Chief Boyles for staying on with the City
over the years, even though he has had opportunities to go to other cities.
Mayor Dixon congratulated Fire Chief Boyles, recognized his long standing career with the City,
and wished him well in his new position.
The motion carried unanimously.
13. Newport Beach & Company Destination Business Plan Supplement, Visit Newport Beach
Fiscal Year 2019-20 Budget Update and the Tourism Business Improvement District
Fiscal Year 2019-20 Annual Report and Fiscal Year 2019-20 Budget Update (C-4436)
[38/100-2019]
Debbie Snavely, General Manager of Marriott Newport Beach Hotel & Spa and Chair of Newport
Beach & Company and Visit Newport Beach, utilized a PowerPoint presentation to introduce
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herself, discuss the duties of the Executive Committee and Board of Directors, and current branding
partners.
Gary Sherwin, President and CEO of Newport Beach & Company (NB&Co), utilized a PowerPoint
presentation to discuss California tourism and travel patterns, international travel, Newport Beach
hotel rates compared to Orange County, Newport Beach's hotel occupancy rate, Transient
Occupancy Tax (TOT) and Tourism Business Improvement District (TBID), tourism's impact on the
City, group sales, FY 2018-19 production summary, leisure marketing, FY 2019-20 TOT budget, the
use of Artificial Intelligence (AI), The Telly Awards, community marketing, Newport Beach TV's
(NBTV) new video programming, and the 5rh Annual U.K. Honours results.
Discussion ensued between Council and Mr. Sherwin relative to how TOT is calculated, the
difference between Newport Beach & Co. (NB&Co) and Visit Newport Beach (NBV), receiving
financial reports from both companies, integrating NB&Co videos on the City's website, whether
documents submitted to the boards of these organizations are considered a public record, the state
of the local economy and if NB&Co and NBV services are still needed, the impact of the City's
homeless issue on tourism, and Newport Beach's biggest challenge of not having any hotels directly
on the beach.
Motion by Council Member Muldoon, seconded by Council Member Avery, 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) authorize a waiver of the timeline provided in
Section 3.5 of the Tourism Business Improvement District Management Agreement; c) receive and
file VNB's Business Plan Supplement; d) approve VNB's FY 2019-20 Budget Update; e) approve the
NBTBID'S FY 2019-20 Annual Report; and f) approve the NBTBID's FY 2019-20 Budget.
Jim Mosher discussed the history of the visitors bureaus in Newport Beach, TBID and TOT
collections, questioned why the two organizations need support from the City when the presentation
indicated they are doing very well, and how Mr. Sherwin came up with his calculations on the budget
presentation.
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX, ADJOURNMENT - 9:26 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 18,
2019, at 4:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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