HomeMy WebLinkAbout11/27/2018 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
November 27, 2018
I. ROLL CALL - 6:00 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
Mayor Pro Tem O'Neill asked for clarification on the reason for the indefinite continuance of
Item 5 (Ordinance No. 2018-14 regarding Accessory Dwelling Units (ADUs)). Community
Development Director Jurjis indicated that staff needed additional time to modify language from
the California Coastal Commission in the ordinance to be consistent with Title 21 and reported
that both Title 20 and Title 21 would be coming back during a January 2019 meeting.
Motion by Council Member Herdman seconded by Mayor Pro Tem O'Neill, to proceed
with Study Session Items SS2, SS3 and SS4.
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
SS2. Proclamation for Save Our Youth's 25th Anniversary
Mayor Duffield read the proclamation and presented it to Mary Cappellini who thanked the City
for the recognition.
SS3. Proclamation to the William B Tug Boat
Mayor Duffield read the proclamation, displayed photos of the William B tug boat, which
included a slide of the Anteater Regatta college event, and presented it to owners Gary and
Sandi Hill.
SS4. Check Presentation by the Friends of the Newport Beach Library
Amy Hunt from Friends of the Newport Beach Library, and Wendy Frankel, Newport Beach
Library Bookstore Manager, presented a check for $116,377.71 to the Corona del Mar Library
and provided gift certificates from the bookstore. Mayor Pro Tem O'Neill expressed his gratitude
to the Friends of the Newport Beach Library for the generous contributions to the City.
SS5. Summer Trolley Program Review
Senior Civil Engineer Loke utilized a PowerPoint presentation to display the current trolley
route, daily ridership comparison, summer ridership count by hour, rider survey results, two-
year program costs, total program summary costs, and staff recommendations.
In response to Mayor Pro Tem O'Neill's question, Senior Civil Engineer Loke and Public Works
Director Webb confirmed no General Fund money is being used to support the program since it
is coming from the Balboa Village Advisory Committee funds.
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Council Member Dixon thanked staff for their efforts and support of the project, and believed
the decrease in advertising/marketing may have been a factor in the lower numbers during the
beginning of year two. Senior Civil Engineer Loke and Public Works Director Webb confirmed
that once staff increased marketing, numbers trended to similar ridership of the previous year
and reported the City will begin doing more advertising in June to get numbers up and increase
awareness.
In response to Council Member Avery's concerns regarding traffic and noise from trolley riders
trying to get to the Avon lot, Senior Civil Engineer Loke indicated there were no complaints
received, foot traffic increased, which is good for local businesses, the Avon parking lot was half -
full for the majority of the summer, and except for the 4th of July, ample parking was available
for visitors and nearby businesses. Council Member Dixon agreed that the foot traffic positively
benefitted the local businesses and encouraged more awareness regarding the Avon parking lot.
Mayor Duffield commented on the success of the program, believed it should continue, and
suggested, at some point, looking for trolleys that are open on both sides versus the enclosed
version the City is utilizing at this time.
Public Works Director Webb thanked City staff for their continued hard work to make the trolley
program possible.
III. PUBLIC COMMENTS - None
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
item listed in the Closed Session agenda and read the title.
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, 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 Employees Association (NBPTEA); Newport Beach Employees League
(NBEL); and Part Time Employees Association of Newport Beach (PTEANB).
V. RECESSED - 6:30 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman,
Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill,
Mayor Duffy Duffield
VIII. CLOSED SESSION REPORT - None
IX. INVOCATION - Council Member Muldoon
X. PLEDGE OF ALLEGIANCE - Council Member Peotter
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XI. NOTICE TO THE PUBLIC
Without objection, Mayor Duffield combined Items XII and XVII.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Announced the United Way of Orange County's 34th Walk with Parks on December 1, 2018, at 8:00
a.m., and the shredding event being held at the same time at the City's Corporation Yard located
at 592 Superior Avenue
Council Member Herdman:
• Announced the museum on Balboa Island would be having a ribbon cutting at 11:00 a.m. and grand
opening at 5:00 p.m. on November 30, 2018
• Attended the weekly Aviation Strategy and Messaging meeting, the Corona del Mar Residents
Association monthly meeting, the Newport Beach Chamber of Commerce Government Affairs
Committee meeting, the Citizens' Police Academy graduation, the City's Air and Sea Disaster
training drill, and served Thanksgiving lunch at the OASIS Senior Center on November 21, 2018
Mayor Pro Tem O'Neill:
• Announced the upcoming Corona del Mar Christmas Walk on December 2, 2018, the Sister City
Breakfast on December 4, 2018, Breakfast with Santa at the Newport Coast Community Center on
December 7, 2018, and the Finance Committee meeting scheduled for 3:00 p.m. on November 29,
2018 in the Crystal Cove Conference Room at the Civic Center
XVIII. PUBLIC HEARING (Pursuant to City Council Policy A-1 Item No. 20 will be taken out of
order
20. Proposed Assessment District No. 113 - West Balboa Island, North Bayfront, South
Bayfront and Agate Avenue
Council Member Muldoon recused himself from this item due to business interest conflicts.
Mayor Duffield announced that all ballots must be received by the City Clerk prior to the close of
the public hearing.
Mayor Duffield opened the public hearing.
Bill Willis spoke in support of the Assessment District, and described the effort and time involved
with getting to this point.
City Clerk Brown reminded residents that ballots had to be submitted prior to the close of the public
hearing, announced the public was welcome to view the ballot counting in the Community Room,
and the individuals counting the ballots had been deputized to do so.
Hearing no further testimony, Mayor Duffield closed the public hearing.
City Clerk Brown announced that the ballots will be counted at this time, the agenda will proceed,
and the results will be announced once the tabulations have been completed.
Following the completion of the assessment ballot tabulation, City Clerk Brown announced that,
based on the tabulations for the ballots received for Assessment District No. 113, 71.54% of the
ballots were submitted in favor of the Assessment District for a total assessment of $3,538,871.43
and 28.46% of the votes were submitted in opposition, for a total assessment of $1,407,659.66; and
that Council may proceed with the formation of the Assessment District by adopting the resolution
confirming the assessment.
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Motion by Council Member Dixon, seconded by Council Member Herdman, to a) adopt
Resolution No. 2018-81, A Resolution of the City Council of the City of Newport Beach, California,
Making Determinations, Confirming Assessments and Proceedings, and Designating the
Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for
City of Newport Beach Assessment District No. 113; and b) approve Budget Amendment No.19BA-
024 authorizing an advance from the General Fund in the amount of $485,000 to be repaid from
Bond Proceeds and cash contributions from Assessment District No. 113 and appropriating $350,000
to Account No. 66302-941027 for electrical utility design by SCE, $25,000 to Account No. 66302-
941005 for phone system design by AT&T, $45,000 to Account No. 66302-941006 for assessment
engineering services, $50,000 to Account No. 66302-941008 for City Administration, and $15,000 to
Account No. 66302-941012 for Bond Counsel. Funds remaining in any fiscal year will be carried
forward to future annual budgets per Council Policy F-3.
Council Member Peotter congratulated the proponents of Assessment District No. 113 and wished
them luck on the project.
Council Member Herdman echoed Council Member Peotter's comments and commended Bill Willis
on his efforts.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Dixon, Council Member Peotter, Council
Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
Recused: Council Member Muldoon
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher reminded Council they are the lawmakers and not City staff, voiced his concerns regarding
Item 6, and discussed what other cities are doing regarding street vending.
Hoiyin Ip, utilizing a PowerPoint, discussed her concerns regarding sidewalk vending in the City and
suggested the City handout Serve on Request cards to educate vendors and the public on using
environmentally -friendly products.
Regarding Item 9, Ryan Reza Farsai expressed his views on how the City is handling taxpayer dollars.
In response to Council questions, Community Development Director Jurjis indicated that mobile
vendors are allowed in residential areas and most busy boulevards, as long as they comply with the
regulations, code enforcement regulations will be reactive, confirmed this legislation was signed into
law in September 2018, and every City department was involved in creating the program.
Council Member Avery requested the item be looked at in the future after public feedback is received in
order to see if there is any fine tuning needed.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 13, 2018, 2018 City Council Meeting [100-2018]
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
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ORDINANCES FOR INTRODUCTION
3. Ordinance No. 2018-17 - Amending Titles 1 and 17 Related to the Harbor Department
[100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Introduce Ordinance No. 2018-17, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Newport Beach Municipal Code Titles 1 and 17 Related to the Harbor
Department, and pass to second reading on December 11, 2018.
Mayor Duffield recused himself from Item 3 due to business interest conflicts.
Council Member Peotter recused himself from Item 3 since he did not participate during
any of the meetings involving the item.
4. Ordinance No. 2018-18 - Amending the Newport Municipal Code Title 17, Pertaining to
Vessel Speed Limits [100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Introduce Ordinance No. 2018-18, An Ordinance of the City Council of the City of Newport Beach,
California, Amending the Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed
Limits and pass on to second reading on December 11, 2018.
Mayor Duffield recused himself from Item 4 due to business interest conflicts.
Council Member Peotter recused himself from Item 4 since he did not participate during
any of the meetings involving the item.
ORDINANCES FOR ADOPTION
5. Second Reading and Adoption of Ordinance No. 2018-14 - Updating Regulations
Regarding Accessory Dwelling Units (ADUs) (PA2018-099) [100-2018]
Continue to the January 8, 2019 City Council meeting.
Council Member Avery recused himself from Item 5 due to potential real property interest
conflicts.
6. Second Reading and Adoption of Ordinance No. 2018-19 -Creating a Program to Regulate
and Permit Sidewalk Vending Pursuant to California Senate Bill 946 [100-2018]
a) Find 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. 2018-19, An Ordinance of the City Council of
the City of Newport Beach, California, Creating a Program to Regulate and Permit Sidewalk
Vending Pursuant to California Senate Bill 946.
RESOLUTIONS FOR ADOPTION
7. Pulled from the Consent Calendar
8. Resolution Amending the Term of the Balboa Village Advisory Committee (BVAC)
[24/100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
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b) Adopt Resolution No. 2018-80, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Term of the Balboa Village Advisory Committee.
Mayor Pro Tem O'Neill abstained on Item 8.
CONTRACTS AND AGREEMENTS
9. Irvine Avenue Pavement Rehabilitation — Notice of Completion for Contract No. 8515-2
(17R21) [381100-2018]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On June 26, 2018, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301(c);
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 year after acceptance by the City Council.
10. Marguerite Avenue and Hospital Road Pavement Rehabilitation — Notice of Completion
for Contract No. 7188-1 (18R24) [381100-2018]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On July 24, 2018, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301(c);
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 year after acceptance by the City Council.
11. Restroom Buildings Maintenance Project — Award of Contract No. 7509-1 (18F02) [381100-
2018]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(a) (Interior or exterior alterations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, Chapter 19. Categorical Exemptions, because the work has no
potential to have a significant effect on the environment;
b) Approve the project contract documents;
c) Award Contract No. 7509-1 to TL Veterans Construction, Inc. for the total bid price of
$164,500.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a $33,000.00 (approximately twenty percent) contingency amount for this project to
cover the cost of unforeseen work not included in the original contract.
Council Member Muldoon recused himself from Item 11 due to real property interest
conflicts.
12. Concrete Replacement Program — Award of Contract No. 7434-1 (19R06) [381100-2018]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion
of capacity) of the CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
b) Approve the project specifications;
c) Award Contract No. 7434-1 to Golden Phoenix Construction Co., Inc. for the total bid amount of
$762,083.29, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $76,000.00 (approximately 10% of Total Bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No 19BA-021 transferring $150,000.00 from the Jasmine Creek
Maintenance Road Reconstruction project (Account No. 01201929-980000-19P13) to Account No.
01201927-980000-19R06 for FY 2019 Concrete Replacement Program.
13. Balboa Island Water Main Replacement Phase II — Award of Contract No. 7173-2 (19W11)
[381100-2018]
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a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 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. 7173-2 to T.E. Roberts for the bid amount of $2,222,300.00 for the Balboa
Island Water Main Replacement Phase II project, and authorize the Mayor and City Clerk to
execute the contract; and
d) Establish a contingency of $220,000.00 (approximately 10% of Total Bid) to cover the cost of
unforeseen work not included in the original contract.
Council Member Herdman recused himself from Item 13 due to real property interest
conflicts.
14. Ownership Transfer of Jamboree Road Sewer Line from Orange County Sanitation
District to City of Newport Beach (C-8578-1) [381100-2018]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 - Existing Facilities, of the CEQA Guidelines (that allows for operation, repair
and maintenance of existing public structures) because this project has no potential to have a
significant effect on the environment;
b) Approve the Quitclaim Sewer Transfer Agreement between Orange County Sanitation District
and the City of Newport Beach; and
c) Approve Budget Amendment No. 19BA-020 increasing revenue estimates in the Wastewater
fund by $300,000.00 from Orange County Sanitation District (Account No. 71101-431075-19S03)
and increasing expenditure appropriations by $300,000 (Account No. 71101-980000-19S03) to
cover costs for inspection, maintenance, repair, or rehabilitation of the subject sewer.
15. Approval and Award of Agreement for Landscape Maintenance of Civic Center Grounds
and Park with Park West Landscape, Inc. (C-8579-1) [381100-2018]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly
b) Approve the Agreement with Park West Landscape, Inc. for landscape maintenance of Civic
Center and Main Library Grounds, Civic Center Park and Dog Park for a five-year term with a
total not -to -exceed amount of $1,243,125, and authorize the Mayor and City Clerk to execute
the agreement; and
c) Approve Budget Amendment No. 19BA-025 appropriating $20,000.00 from General Fund
unappropriated fund balance to Account No. 0109031-811026 in the Public Works Department
operating budget for Parks - Civic Center.
16. Professional Services Agreement with Environmental Science Associates for
Environmental Services for a Proposed 275 -Room Hotel Project Located at the Newport
Dunes Resort (PA2016-175) (C-8564-1) [381100-2018]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the Professional Services Agreement with ESA, and authorize the Mayor and City
Clerk to execute the agreement.
MISCELLANEOUS
17. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2018/19 Maintenance and Operation
Budget [100-2018]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
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b) Approve Budget Amendment No. 19BA-019 to increase revenue estimates by $116,377.61 in
Account 0106052-511080 (Friends of the Library Donations) and to increase expenditure
estimates by the same amount in Division 0106052 (Friends of the Library).
18. Budget Amendment for OASIS Fitness Center Equipment Improvements [100-2018]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical, change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 19BA-018 to appropriate $19,936.64 in increased revenue
estimates and expenditure appropriations for the purchase and installation of fitness equipment
for the OASIS Fitness Center.
19. Pulled from the Consent Calendar
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar, except for Items 7 and 19; and noting the continuance of Item 5, the abstention by
Mayor Pro Tem O'Neill on Item 8, recusals by Mayor Duffield on Items 3 and 4, recusals by Council
Member Peotter on Items 3 and 4, recusal by Council Member Avery on Item 5, recusal by Council
Member Muldoon on Item 11, and recusal by Council Member Herdman on Item 13.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member
Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. City Council L-6 Policy Update — Encroachments in Public Rights -of -Way [100-2018]
Council Member Avery requested site postings on or near the encroachment space at least a month
in advance of the meeting.
In response to Council Member Dixon's questions, Public Works Director Webb reported the reason
behind giving authority to the Planning Commission to waive encroachment permits was to
streamline the policy, discussed past policies regarding encroachment permits, and indicated
Council can be notified if an encroachment waiver is on an upcoming Planning Commission agenda.
Mayor Pro Tem O'Neill discussed the language in City Council Policy L-6, the history of how this
amendment came to be, expressed his support to allow the Planning Commission to make the
encroachment waiver, but suggested the item be continued to the December 11, 2018 meeting to
allow staff to include the language regarding signage being posted 10 days in advance.
In response to Council Member Herdman's question, City Attorney Harp confirmed this type of
action is subject to the appeal process.
Jim Mosher reminded Council that the tentative Planning Commission agenda is available so they
would be notified of future waivers, and agreed with adding language for additional notification to
the public.
Council Member Herdman indicated that adding the signage language is a good idea, but does not
support allowing the Planning Commission to make these decisions.
Public Works Director Webb clarified that only when the Planning Commission would waive an
encroachment does signage need to occur.
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Motion by Mayor Pro Tem O'Neill seconded by Council Member Peotter, to continue the
item to the December 11, 2018 City Council meeting and add language regarding on-site notification
10 days prior to the Planning Commission waiving an encroachment permit.
The motion carried by the following roll call vote:
Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council
Member Peotter, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill,
Mayor Duffield
19. Community Programs Grants for Fiscal Year 2018/19 (C-8281) [38/100-20181
Council Member Muldoon discussed his thoughts on the City's obligations to the homeless,
requested an additional $5,000.00 be added from the General Fund, and it be granted to Second
Chance.
In response to Council Member Dixon's question, City Manager Leung indicated the decision to give
funds to the Balboa Island and Newport Beach Historical Societies is based on following Council
direction from the previous two fiscal years.
Mayor Pro Tem O'Neill suggested reviewing and possibly increasing the funding amounts in City
Council Policy A-12 and discussing Community Development Block Grant (CDBG) recipients at a
future meeting.
Council Member Herdman concurred, with Mayor Pro Tem O'Neill on reviewing the policy and
suggested focusing on the homeless issue in the future.
Council Member Avery discussed the City's efforts and goals to make a difference when giving to
these organizations and recommended involving the public.
Ryan Reza Farsai asked for clarification on the criteria staff uses to decide which organizations
receive funding and how much they are given, and suggested focusing the funds mainly on housing
for the homeless.
Jim Mosher suggested adding the historical societies to the attachment and questioned the timing
of this item since the funds were allocated back in July.
Mayor Pro Tem O'Neill suggested that, going forward, the historical societies compete for the
funding, similar to the rest of the organizations.
Motion by Council Member Muldoon 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; b) waive City Council Policy A-12
and find that the organizations listed below provide services or programs that serve residents and
are beneficial to residents' quality of life and authorize the allocation of $45,000 in Community
Programs Grants in the following manner:
Our Lady Queen of Angels Church - Helping Hands (C-8281-113) $ 8,500
Serving People in Need, Inc. (SPIN) (C -8281-2B) 5,000
Share Our Selves Corporation (C -8281-3B) 5,000
Someone Cares Soup Kitchen (C -8281-4B) 5,000
Second Chance (C-8281-18) 5,000
Boys and Girls Clubs of Central Orange Coast (C -8281-6B) 3,000
Newport -Mesa Family YMCA (C -8281-7B) 3,000
Newport Beach Sister City Association (C -8281-10B) 2,000
Back Bay Therapeutic Riding Club (C -8281-15A) 2,000
Youth Employment Services (YES) (C -8281-8B) 1,500
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Amazing Grace Ministries (C -8281-16A) 1,000
Advocates for Grandparent -Grandchild Connection (C -8281-11B) 1,000
Council on Aging (C -8281-5B) 1,000
Speak Up Newport (C -8281-12A) 1,000
Girl Scouts of Orange County (C-8281-17) 1,000
TOTAL $ 45,000; and
c) allocate $25,000 for the Balboa Island Historical Society and $10,000 for the Newport Beach
Historical Society.
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
XVI. PUBLIC COMMENTS ON NON AGENDA ITEMS
Ryan Reza Farsai discussed why he believed the election system is broken.
Shawna Schaffner, spoke on behalf of Kevin Moriarty, believing an Approval In Concept (AIC) was
issued in error by the City Harbor Resources division. She indicated Mr. Moriarty was a successful
appellant for this AIC, voiced concerns regarding the standards of a new AIC, believed Mr. Moriarty
should have received notification regarding the changes, and requested Council rescind the approval of
the new AIC.
Kevin Moriarty expressed his views regarding the Newport Marina development plan AIC appeal.
Glenn Walcott commented on the Newport Marina Development plan, the appeal process for the AIC,
and the lack of notification relative to the new plan.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XIX. CURRENT BUSINESS
21. Bayside Drive and Jamboree Road/Marine Avenue Improvements - Award of Contract
No. 7224-1 (16R12) [38/100-2018]
Public Works Director Webb provided a brief report on the project.
Jim Mosher asked if Council had reviewed the project drawings and specifications. City Attorney
Harp noted the plans and specifications were available to Council and they had reviewed them.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines because it will not result in a physical change to the environment, directly or
indirectly; b) approve the project drawings and specifications; c) award Contract No. 7224-1 to GMC
Engineering, Inc. for the base bid price of $2,905,750.00 and Additive Bid Item No. 1 for $7,250 for
a total contract cost $2,913,000.00, and authorize the Mayor and City Clerk to execute the contract;
d) approve Budget Amendment No. 19BA-022 transferring $480,750.00 from Account No. 12101-
980000-181121 (Concrete Street Pavement Rehabilitation) to Account No. 12101-980000-16R12
(Bayside Drive Rehabilitation); recognize $33,000.00 in new revenue from Orange County
Sanitation District (13501-431075-16R12) and appropriate $33,000.00 in expenditures to Account
No. 13501-980000-16R12; and e) establish $300,000.00 (approximately 10 percent) contingency
amount to cover the cost of unforeseen work not included in the original contract.
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City of Newport Beach
Study Session Regular Meeting
November 27, 2018
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
22. Approval of Professional Services Agreement with Anchor QEA, LLC for Planning/
Engineering Design and Support for Lower Newport Harbor Federal Channel
Maintenance Dredging Program (C-8534-2) [38/100-20181
Utilizing a PowerPoint presentation, Administrative Manager Miller detailed the harbor design,
dredging needs, authorized dredging depth, Federal funding timing, and the City's pre -project
planning.
Jim Mosher questioned what the new U.S. Army Corps of Engineers federal funding would be used
for and if the work the City does will be acceptable to the Corps.
Administrative Manager Miller indicated the Army Corp of Engineers funds would be used for the
review process and construction.
Public Works Director Webb thanked Mayor Duffield and Council Member Avery for their support
and noted the City might need to make a 20% match which the Army Corp of Engineers would
probably credit the City expenditures toward.
Mayor Duffield expressed his excitement for the project and thanked staff for all their hard work.
Motion by Council Member Avery, 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; b) approve a Professional Services Agreement with
Anchor QEA, LLC for pre -project Planning/Engineering Design and Support for the Federal Lower
Newport Harbor Channel Maintenance Dredging Project at a not -to -exceed fee of $777,000.00, and
authorize the Mayor and City Clerk to execute the Agreement; and c) approve Budget Amendment
No. 19BA-023 transferring $300,000 from Account 10101-980000-19H13 (Harbor Port Plan) to
Account No. 10101-980000-18H07 and appropriating $377,000 from the unappropriated Tidelands
Capital Fund, working capital to Account No. 10101-980000-18H07 for Harbor Wide Dredging/
Planning.
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
23. Appointment of New Planning Commissioner to Fill the Unscheduled Vacancy [24/100=
2018]
City Clerk Brown provided the staff report and noted four votes are required in order to be
appointed.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Curtis Ellmore —Avery, Dixon, Muldoon, Peotter, O'Neill, Duffield
Debbie Stevens — Herdman
City Clerk Brown announced that Curtis Ellmore was appointed to the Planning Commission to fill
the unexpired term which expires on June 30, 2020.
Volume 63 - Page 651
City of Newport Beach
Study Session Regular Meeting
November 27, 2018
Council Member Avery encouraged all applicants to continue to apply even if they were not selected
this time.
Council Member Dixon expressed how difficult the decision process was and encouraged those that
did not get selected to continue to apply for future vacancies.
Mayor Pro Tem O'Neill encouraged applicants who were not appointed this time to apply for any
general plan advisory committees that may be formed in the future.
XX. MOTION FOR RECONSIDERATION - None
XM. ADJOURNMENT - 8:45 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 November 21, 2018, at 4:00 p.m.
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Ny�,-
Leilani I. Brown
City Clerk
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Marshall "Duf " uffield
Mayor
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