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HomeMy WebLinkAbout10/23/2018 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 23, 2018 I. ROLL CALL - 5:30 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Duffy Duffield Absent: Mayor Pro Tem Will O'Neill II. PUBLIC COMMENTS Jim Mosher reported he attended two appeal hearings regarding Harbor Commission decisions, believed these should have gone before Council instead, and suggested Council clarify these procedures and direct staff to apply them appropriately. III. CONSENT CALENDAR ITEM TO BE CONSIDERED PRIOR TO CLOSED SESSION AT THE REQUEST OF MAYOR DUFFIELD 1. Designation of City's Representatives under California Government Code Section 54957.6(a) City Attorney Harp reviewed the purpose of the item. Jim Mosher reminded Council that the designated City negotiator does not have to be the Mayor. Motion by Council Member Peotter, seconded by Council Member Muldoon, to, pursuant to California Government Code Section 54957.6(a), designate Mayor Duffy Duffield as the City's representative for purposes of labor negotiations with all unrepresented employees in the Key and Management Group. 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 Duffield Absent: Mayor Pro Tem O'Neill 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. He announced all members of the Key and Management Group would be recusing themselves from Item IV.B due to potential personal financial effect of the negotiations, and Mayor Duffield and Council Member Peotter would be recusing themselves from one of the matters under Item IV.0 based on potential impacts to personal finances. 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 Volume 63 - Page 622 City of Newport Beach Regular Meeting October 23, 2018 Professional and Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Duffy Duffield, Mayor Unrepresented Employees: All employees in the Key and Management Group. C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters V. RECESSED - 5:38 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 Duffy Duffield Absent: Mayor Pro Tem Will O'Neill VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Council Member Peotter X. PLEDGE OF ALLEGIANCE - Council Member Muldoon XI. NOTICE TO THE PUBLIC Without objection, Mayor Duffield combined XII and XVIII. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Dixon: • Displayed slides to discuss the Clever Buoy Trial and the Newport Elementary School Playfield Renovations Ribbon Cutting Ceremony Council Member Herdman: • Displayed a slide to remark on the Newport Elementary School Playfield Renovations and expressed his enjoyment to share the excitement with the children, parents, staff and school board Council Member Muldoon: • Requested to have a presentation from former Interim Harbormaster, Dennis Durgan, at a future meeting and commended all of Mr. Durgan's efforts in the Harbor • Displayed a slide to announce the birth of his son, Cannon Thompson Muldoon, born on October 9, 2018 at 9:00 p.m. Mayor Duffield: • Displayed slides to announce the upcoming flu shot clinic at the OASIS Senior Center on October 24, 2018 and the Halloween Spooktacular held at Grant Howald Park on October 27, 2018 • Commented on the quality of the grass and sand -blocking wall that was installed at the Newport Elementary School playfield Volume 63 - Page 623 City of Newport Beach Regular Meeting October 23, 2018 Jim Mosher questioned if there was any report from Council on the recent Finance Committee meeting, as well as any reports from external committees. Cornelius H. and Martina Gewertz expressed concern regarding Dennis Durgan's release as Harbormaster and urged Council to reconsider the hiring qualifications for the position. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of request from the Arts Commission related to the funding of Phase 4 of the Civic Center Sculpture Garden (Herdman) The City Council concurred to place the matter on a future agenda, with all members of Council supporting the item. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher questioned the ticket process for the Newport Beach Film Festival (Item 10), voiced concern about the lack of notice to the neighbors on Item 5, and believed the Harbor Commission appeals process was misunderstood by staff (Item 4). Dorothy Kraus discussed her concerns regarding Item 5 and requested staff gather more information prior to vacating the sewer easement. In response to Council Member Dixon's question, Public Works Director Webb utilized a slide to review the sewer easement process and confirm there was no impact to the neighboring park. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 9, 2018, 2018 City Council Meeting [100-2018] Waive reading of subject minutes, approve as written, and order filed. Council Member Peotter recused himself on Item 1 since he was not in, attendance at the October 9, 2018 meeting. 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. Second Reading and Adoption of 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) Conduct second reading and adopt 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. Mayor Duffield recused himself on Item 3 due to business interest conflicts. Council Member Peotter recused himself on Item 3 since he was not in attendance at the October 9, 2018 meeting and did not hear the public testimony. Volume 63 - Page 624 City of Newport Beach Regular Meeting October 23, 2018 4. Second Reading and Adoption of Ordinance No. 2018-18 - Amending 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) Conduct second reading and adopt 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. Mayor Duffield recused himself on Item 4 due to business interest conflicts. Council Member Peotter recused himself on Item 4 since he was not in attendance at the October 9, 2018 meeting and did not hear the public testimony. RESOLUTION FOR ADOPTION 5. Summary Vacation - Existing Sewer Easement at 1721 Kings Road [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; b) Adopt Resolution No. 2018-75, A Resolution of the City Council of the City of Newport Beach, California, Ordering the Summary Vacation of an Existing 10 Foot Wide Sewer Easement at 1721 Kings Road (Lot 9 of Tract 1221) and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. CONTRACTS AND AGREEMENTS 6. Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project (191121) - Approval of Professional Services Agreement with Stantec, Inc. - Contract No. 7433-1 [38/100-2018] a) Determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Stantec of Irvine, California, for the Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation project at a not -to -exceed price of $208,219.00, and authorize the Mayor and City Clerk to execute the Agreement. 7. Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development Located at 20452 Santa Ana Avenue (C-8571-1) [38/100-2018] a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development) 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) Find that Final Tract Map No. 18039 is in substantial conformance with Tentative Tract Map No. NT2016-003 for the proposed development as approved by the Planning Commission on November 17, 2016 (Planning Commission Resolution No. 2036) and upheld by City Council on February 29, 2017 (City Council Resolution No. 2017-15); c) Review and approve the Subdivision Agreement for Final Tract No. 18039 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; d) Review and approve the required construction securities for Final Tract No. 18039 pursuant to Section 19.36.030 of the Municipal Code; and e) Review and approve Final Tract Map No. 18039 for the subdivision of property located at 20452 Santa Ana Avenue pursuant to Section 19.60.010 of the Municipal Code. Volume 63 - Page 625 City of Newport Beach Regular Meeting October 23, 2018 MISCELLANEOUS 8. Planning Commission Agenda for the October 18, 2018 Meeting [100-20181 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 Fiscal Year 2018/2019 Maintenance and Operation Budget [100-20181 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical 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. 19BA-012 to increase expenditures by the same amount in Division 01060604-711003 (Literacy Services). 10. Cultural Arts Grants 2018/19 (C-8577) [381100-20181 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve recommended recipients for FY 2018/19 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I-10, Financial Support for Culture and the Arts. Council Member Muldoon voted "no" on Item 10. Motion by Council Member Muldoon, seconded by Council Member Dixon, to approve the Consent Calendar; and noting the recusal by Mayor Duffield on Items 3 and 4, the recusal by Council Member Peotter on Items 1, 3 and 4, and the "no" vote by Council Member Muldoon on Item 10. 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 Duffield Absent: Mayor Pro Tem O'Neill XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Ryan Reza Farsai congratulated Council Member Muldoon on the birth of his son and provided a handout discussing his beliefs regarding property and civil rights. Susan Skinner discussed her concerns regarding a possible conflict of interest involving Council Member Peotter working for Mayor Duffield's company. Barbara Daly, Transportation Corridor Agencies (Toll Roads) Public Affairs Director, provided handouts to update Council on the background of the agency and current projects regarding traffic congestion on Interstate 5. She requested the City make the information public. Council Member Peotter thanked Ms. Daly and indicated he asked her to attend and give a presentation on the toll roads. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIX. PUBLIC HEARINGS 11. Minor Amendments to the City's Local Coastal Program LC2016-002 [100-20181 Volume 63 - Page 626 City of Newport Beach Regular Meeting October 23, 2018 Community Development Director Jurjis and Planning Manager Alford utilized a PowerPoint presentation to provide information regarding corrections and clarifications to the LCP Implementation Program. In response to Council Member questions, Planning Manager Alford and Director Jurjis clarified the code changes and noticing provisions, provided examples of when the changes would apply, and explained how this applies to Lido Villas and short term lodging. Mayor Duffield opened the public hearing. Jim Mosher believed the California Coastal Commission (CCC) letter was not completely correct, voiced concerns about verbal agreements not being handled properly, and requested the City notify the public as indicated in the verbal agreement. Dorothy Kraus questioned if the suggested CCC staff modifications are included in this amendment, requested the City provide a list of examples of what qualifies under this waiver, and asked how the public will be notified of future waivers. Hearing no further testimony, Mayor Duffield closed the public hearing. Director Jurjis confirmed the letter from CCC staff is the third iteration and that it meets all the requirements. Council Member Avery suggested staff generate a fact sheet to post online and include it with future waiver notifications. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find the action statutorily exempt from .the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal Code to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the California Coastal Commission (PA2017- 047), and pass to second reading on November 13, 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 Duffield Absent: Mayor Pro Tem O'Neill 12. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) (C-4145) [381100-20181 City Clerk Brown recused herself since she lives near one of the facilities. In response to Council Member Dixon's questions, City Attorney Harp highlighted aspects of the zoning implementation and benefit agreement relative to reporting and compliance, and confirmed other companies operate in the City but do not have this agreement because they do not have the same type of rights. Mayor Duffield opened the public hearing. Unidentified speaker voiced her concerns regarding sober living facilities and donations from these businesses that are being given to elected officials. Volume 63 - Page 627 City of Newport Beach Regular Meeting October 23, 2018 Council Member Muldoon noted that he has not taken any funds from these facilities. Alex Yount discussed his experience living near a sober living facility, reported that his past concerns have been heard and addressed appropriately by the City and the property owner, and asked the City to review the zoning and permitting process to prevent neighborhoods from being oversaturated with these types of facilities. Hearing no further testimony, Mayor Duffield closed the public hearing. Motion by Council Member Herdman, seconded by Council Member Muldoon, to a) find this review exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; b) find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and c) receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. 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 Duffield Absent: Mayor Pro Tem O'Neill XX. CURRENT BUSINESS 13. Grand Canal Dredging Project Phase 2 — Award of Contract No. 8171-2 (16H12) [38/100- 20181 Utilizing a PowerPoint presentation, Public Works Director Webb and Harbor Resources Manager Miller discussed the background, options, considerations and recommendations for the Grand Canal dredging project. In response to Council Member Avery's questions, Harbor Resources Manager Miller and Public Works Director Webb discussed the types of vessels that use the canal, benefits to the City dredging the channel, the two companies involved in the project, and the hours of operation. Mayor Duffield suggested dredging near the Harbor Island Bridge at the same time since it is becoming more unnavigable. Jim Mosher asked for clarification on what company Council was being asked to approve for the project. Harbor Resources Manager Miller indicated one of the contractors listed a subcontractor and the other contractor listed a totally separate contractor. Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 4 Section 15304(g) (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; and b) approve the project drawings and specifications; award Contract No. 8171-2 to Associated Pacific Contractors, Inc. for base bid and additive items (Harbor Island Bridge dredging) price of $1,383,070.00, and authorize the Mayor and City Clerk to execute the contract; establish a contingency of $139,000.00 (approximately 10% of total bid) to cover the costs of unforeseen work not included in the original contract; and approve Budget Amendment No. 19BA-014 appropriating $596,300.00 from the unappropriated Tidelands Capital Fund balance to Account No. 10101-980000-16H12 for Grand Canal Dredging. Volume 63 - Page 628 City of Newport Beach Regular Meeting October 23, 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 Duffield Absent: Mayor Pro Tem O'Neill 14. Approval and Award of Agreement for Citywide Refuse Container Collection Services with CR&R, Inc. (C-5275) (C8549-1) [38/100-20181 Murphy McCann believed the City should not hire CR&R based on past safety records and failure to follow rules in high pedestrian traffic areas. He also requested the bid results be provided to the public and suggested that any Council Member that has been given campaign contributions from CR&R recuse themselves from this item. Jim Mosher questioned why City staff is unable to perform this service in-house, requested Council ask if staff did any cost evaluations on keeping the project in-house, voiced concerns that City employees are not reporting gifts received from contractors, and asked that trash cans be placed at local bus stops. In response to Council Member questions and concerns, Public Works Director Webb and Senior Management Analysist Hinckley reported on the number and types of hauler trucks, the hours of operation near school zones, parks and heavy pedestrian areas, City's enforcement of the operation regulations and penalties, and noted complaints against the company have not increased and CR&R has been very cooperative in making changes due to the new regulations. Council Member Muldoon requested and received confirmation that there was no undue influence from Council relative to the RFP process. Jeff Snow, CR&R Environmental Services Vice President, indicated the company has never taken safety more seriously than after the tragic accident in 2016, discussed safety measures currently in place, and announced CR&R was rated the safest hauler in Orange County in 2017. Council Member Avery requested staff monitor the company's safety record and complaints and indicated he would support renewing the contract. Following discussion, motion by Council Member Avery, seconded by Council Member Dixon, 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 Amendment No. Four to Agreement with Robert's Waste & Recycling, Inc. to extend the term until February 28, 2019, and authorize the Mayor and City Clerk to execute the agreement (C-5275); c) approve the Agreement with CR&R, Inc. for refuse container collection services for a seven-year term with a total not -to -exceed amount of $3,232,860, and authorize the Mayor and City Clerk to execute the agreement (C-8549-1); d) approve Budget Amendment No. 19BA-013, appropriating the amount of $144,000 from the unappropriated General Fund balance to account 01090901-811031, Beach Trashcan Collection; and e) direct staff to provide quarterly or semi-annual safety reports for all franchise haulers doing business in the City. The motion carried by the following roll call vote: Ayes: Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Duffield Nays: Council Member Herdman Absent: Mayor Pro Tem O'Neill XXI. MOTION FOR RECONSIDERATION - None Volume 63 - Page 629 City of Newport Beach Regular Meeting October 23, 2018 XXII. ADJOURNMENT - 8:44 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 October 19, 2018, at 10:30 a.m. Leilani I. Brown City Clerk C; M rshall 'Duf Duf field Mayor \ .1`z` Volume 63 - Page 630