HomeMy WebLinkAbout01 - MinutesJanuary 14, 2020
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Regular Meeting
December 10, 2019
I. CONVENED AT 7:00 P.M.
II. 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
III. INVOCATION - Reverend Keith Horwitz, Soul Center OC
IV. PLEDGE OF ALLEGIANCE - Council Member Muldoon
V. NOTICE TO THE PUBLIC
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member Avery:
• Attended the Orange County Sanitation District Operations Committee meeting and a Homeless Task
Force meeting
Council Member Duffield:
• Indicated he was looking forward to Council r
Council Member Muldoon:
• Indicated someone from JetSuite ( Xis in attendance to discuss their findings, what they have done
to make skies quieter, and possibly change how the airport issue is viewed
• Wished everyone a Merry Christmas
Council Member BreJ.'semblywoman
er:
• Announced a Wiand Fire Commun y meeting at OASIS Senior Center on December 12, 2019
• Met twice w th Collie Petrie -Norris, once with Community Development Director
Jurjis, and the Corona del Mar High School youth and government program with Mayor Pro Tem
O'Neill FF
• Attended the Orange Co y Forum's 2020 Housing Outlook with Community Development Director
Jurjis
• Served lunch at the OASIS Senior Center's annual volunteer lunch
• Attended the Mariners Mile scoping meeting
• Referencing Item 7 (Traffic Modeling Update Services), requested a traffic discussion during a Study
Session, as well as convening the emergency council
Council Member Herdman:
• Displayed a slide to discuss the American Public Works Association's (APWA) Project of the Year Award
presented to the City for the Bayside Drive Improvement Project and congratulated the Public Works
Department
Mayor Pro Tem O'Neill
• Announced he presented a proclamation to Pacifica Christian High School student, Hannah
Novakovich, for receiving the Outstanding Youth Award during National Philanthropy Day Orange
County 2019 for her leadership and community service
• Discussed the District 7 General Plan Update workshop and believed the City will be having a Study
Session to discuss the new Regional Housing Needs Assessment (RHNA) numbers
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City of Newport Beach
Regular Meeting
December 10, 2019
Mayor Dixon:
• Provided an update regarding the RHNA numbers, expressed concern that the change would derail
the City's efforts to update its General Plan (GP), and indicated the General Plan Update (GPU)
Steering Committee is requesting that Council reexamine the GPU process
• Requested that staff include in the upcoming RHNA Action Plan a review of the GPU process, a
determination of which Elements of the GP need to move forward at this time and which can be
delayed, and possibly create a committee to recommend policy to Council regarding the Elements that
need updating
• Announced the upcoming General Plan Workshop dates
VII. PUBLIC COMMENTS ON CONSENT CALENDAR
VIII.
Regarding the Paramedic Subscription Program (Item 4), Jim Mosher believed major amendments have
been made and suggested that Council continue this item to a future meeting so a Study Session can be
held to discuss this publicly.
Fire Chief Boyles discussed the amendment to the number of employees the subscription would cover and
explained the residency subscription.
CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 19, 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 ordi under consideration, and direct the City Clerk to read by title
only.
RESOLUTIONS FOR ADOPTION
le
3. Resolution No. 2019-104: Setting City Council Regular Meeting Dates for Calendar Year 2020
[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) Adopt Resolution No. 2019-104, A Resolution of the City Council of the City of Newport Beach,
California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2020.
4. Rescinding Resolution No. 2015-77 and Adopting Resolution No. 2019-105: Amending the
Paramedic Subscription Program Pursuant to Chapter 5.60 of the Newport Beach Municipal
Code [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) Adopt amended Resolution No. 2019-105, AResolution of the City Council of the City of Newport
Beach, California, Rescinding and Replacing Resolution No. 2015-77 Relating to the Paramedic
Subscription Program Service Charges Pursuant to Chapter 5.60 (Paramedic Service User Fees) of
the Newport Beach Municipal Code.
CICIAWY/kC!!I Y3JE�gI7�C!//,1D1 �9/�W K5
5. Corona del Mar Fire Station No.S/Library Replacement -Notice of Completion for Contract
No. 8136-2 (15F12) [38/100-2019]
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City of Newport Beach
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December 10, 2019
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
6. Newport Pier Area Water Main Replacement - Award of Contract No. 7631-2 (20W11) [38/100-
2019]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class
2 Section 15302(c) (replacement of existing public facilities involving negligible or no expansion of
capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7631-2 to Paulus Engineering, Inc. for the bid amount of $2,651,674.10 for the
Newport Pier Area Water Main Replacement project and authorize the Mayor and City Clerk to
execute the contract; and
d) Establish a contingency of $265,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Approval and Award of Professional Services Agreement Urban Crossroads for Traffic
Modeling Update Services (C-8617-1) [38/100-2019]
a) Determine this action is exempt from the California Environme 1 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 environme4, directly or indirectly; and
b) Approve a Professional Services Agreement with Urban Crossroads of Newport Beach, California
for a two-year term and a total amount not -to -exceed $242,800, and authorize the Mayor and City
Clerk to execute the agreement.
MISCELLANEOUS
S. Planning Commission Action Report for the November 21, 2019 Meeting and Agenda for the
December 5, 2019 Meeting [100-2019]
Receive and file.
9. Budget Amendment to Accept a Check from the California State Library for Literacy
Services (CLLS) and Appropriate Funds to the Library's FY 2019-20 Maintenance and
Operation Budget [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) Accept a check in the amount of $18,000 from the California State Library for Literacy Services
(CLLS) and approve Budget Amendment No. 20-023 to increase expenditures by the same amount
in the Literacy accounts indicated.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Muldoon, to approve the Consent
Calendar; and noting the amendments to Item 1 and Item 4.
The motion carried unanimously.
IN. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
X. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Tina Babajanians expressed concerns with people living in their vans at the West Oceanfront parking lot.
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City of Newport Beach
Regular Meeting
December 10, 2019
Jim Mosher commended staff for allowing the public to download Council and Planning Commission
meeting videos. He took issue with a Planning Commission approved project in China Cove that is before
the Coastal Commission on December 12, 2019, in which the applicant is now offering the City $50,000 to
improve access and views elsewhere in the City, contingent upon approval by the Coastal Commission,
believed some constituents feel this is a payment for favorable treatment, and noted the applicant is being
represented by a former assistant city attorney who is now in private practice.
Corey Ferguson, JSX Captain, discussed his background, noted JSX is using the quietest aircraft at John
Wayne Airport (JWA), displayed a slide, and provided a handout to discuss JSX s noise footprint compared
to aircrafts from other carriers due to their departure profile.
Charles Klobe requested that Council review the project that is going before the Coastal Commission. He
indicated he appreciates the quietness of JSX's take -offs; however, noted that the airport has offered to
allow them to increase their passenger traffic if they move to the main terminal.
In response to Council questions, Deputy Community Development Director Campbell reported the project
was approved by the Planning Commission and directly appealed to the Coastal Commission, but Council
could have called it up for review after the Commission approved the project. Regarding the $50,000, he
stated it was a voluntary offer by the property owner, which would need Council approval, and the Coastal
Commission staff report is not contingent on the offer going through. He confirmed that the offer was
submitted after it was approved by the Planning Commission and there was no opportunity to influence
their decision. City Attorney Harp clarified the process, reiterating that it did not need Council approval,
the project could have been appealed to Council or a Council Member could have called it up for review
after Planning Commission approval; howeves appealed directly to the Coastal Commission, and
once they received the appeal, it was no longeIt,
the Cites authority.
In response to Council Member Muldoon's questio s, Mr. Ferguson indicated the new departure procedure
approximately 1,200 feet higher than before and stated that the other carriers can do the same, but it would
be more difficult for them due to the bureaucracy of the larger carriers.
City Manager Leung confirmed that JSX is invited to the December 20, 2019 technical subcommittee
meeting of the Aviation Committee.
XVIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 7:15 P.M.
10. Presentation by District Director Tim Whitacre, on behalf of Orange County Supervisor
Michelle Steel, to Mayor Diane Dixon
District Director Whitacre presented a Certificate of Recognition to Mayor Diane Dixon for her
leadership and service to the City.
Presentation of Gavel Plaque to Outgoing Mayor Diane Dixon and Remarks by Outgoing
Mayor
Mayor Pro Tem O'Neill discussed the City's accomplishments during Mayor Dixon's term and presented
her with a gavel plaque in recognition of her service as Mayor during 2019.
Mayor Dixon commended her fellow Council Members, staff, and board, commission and committee
members for their hard work and dedication to the City, and discussed the City's balanced budget,
unfunded pension liability payments, the homeless issue, and current and future projects. She stated
that she is looking forward to continuing to serve the residents of Newport Beach.
11. Election of Mayor
City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
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City of Newport Beach
Regular Meeting
December 10, 2019
Council Member Duffield nominated Council Member O'Neill for the position of Mayor.
Motion by Council Member Muldoon, seconded by Council Member Brenner, to close
nominations.
The motion carried without objection.
Interested parties were invited to address the City Council. There being none, public comments were
closed.
City Clerk Brown asked if there was any further discussion relative to the nomination for Mayor. There
being no further discussion, City Clerk Brown conducted oral votes for the Mayor seat.
Without objection, Council Member O'Neill was selected as the Mayor of the City of Newport Beach for
2019-2020.
Mayor O'Neill took his place at the Council dais.
12. Election of Mayor Pro Tem
Mayor O'Neill, in presiding, placed all members of 4$ City Council on an equal basis to nominate and
elect. 1W
Council Member Dixon nominated Council Member Avery(he position of Mayor Pro Tem.
Motion by Council Member Muldoon, seconded by Mavor O'Neill, to close nominations.
The motion carried unanimoH4"ftk
Interested parties were invited to address the City Council. There being no public comments, Mayor
O'Neill asked if there was any further discussion relative to the nomination for Mayor Pro Tem.
There being no further discussion, 19or O'Neill conducted oral votes for the Mayor Pro Tem seat.
Without objection�vCouncil Member Avery was selected as the Mayor Pro Tem of the City of Newport
Beach for 2019-2020.
Mayor Pro Tem Avery took his place at the Council dais.
13. Seating Arrangements for City Council
The Council Members decided on the seating arrangement for the Council dais, pursuant to City
Council Policy A-1. The following seating order was determined (left to right):
Joy Brenner — Duffy Duffield — Brad Avery — Will O'Neill — Kevin Muldoon — Diane Dixon —
Jeff Herdman
14. New Mayor Remarks
Mayor O'Neill thanked his Council colleagues, the voters of the City, his friends and family, and
especially his wife, Jenny, and his children. He discussed the history of the City and his plans to
emphasize the following over the coming year: 1) getting the fundamentals right, 2) responding to
external pressures in ways the City really has not in many years, and 3) celebrating people and groups
for the betterment of the City. He declared 2020 as the Year of the Volunteer.
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City of Newport Beach
Regular Meeting
December 10, 2019
XII. PRESENTATION
• Recognition to Tony Cappa for 27 Years of Leading the OASIS Senior Center's Ukulele Club
Mayor O'Neill read the proclamation and presented it to Tony Cappa who provided a quote from Oscar
Wilde, noted the Ukulele Club is the oldest organized ukulele group in the United States, stated one of
their members received UCLA s first ukulele scholarship, and invited people to listen to them play at
the OASIS Senior Center.
XIII. CONSENT CALENDAR
MISCELLANEOUS
15. Designation of City's Representatives Under California Government Code Section 54957.6(A)
Motion by Council Member Herdman, seconded by Council Member Duffield, to designate the
Mayor and Mayor Pro Tem as the City's designated representative for purposes of labor negotiations
with all unrepresented employees within the Key and Management Group including, but not limited to,
the City Manager, City Attorney and City Clerk,puryuant to California Government Code Section
54957.6(a).
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 8:12 p.m' in memory op y Sandland
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
December 5, 2019, at
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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