HomeMy WebLinkAbout10/22/2019 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
October 22, 2019
I. ROLL CALL - 5:00 p.m.
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
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
In response to Mayor Pro Tem O'Neill's questions regarding Item 5 (16th Street Water Pump Station
Upgrades and Backup Generator), Public Works Director Webb described the needed work, noted all
the bidding contractors' hours were about the same, and indicated the preferred contractor made
adjustments to lower their hours.
SS2. Proclamation Commemorating Balboa Island Ferry's 100 -Year Anniversary
Mayor Dixon read the proclamation and presented it to Seymour Beek, Allan Beek, Linda Beek, David
Beek, and Cynthia Beek, who discussed the history of the Balboa Island ferry and thanked the City
for recognizing the ferry.
Council Member Muldoon noted how important the Beek family is to Newport Beach and thanked
them for everything they have done and do for the community.
Council Member Duffield suggested converting the ferries to electric ferries.
Mayor Dixon congratulated the Beek family and believed the ferry is the best form of transportation
across Newport Harbor.
Council Member Herdman thanked Seymour Beek for supporting the Balboa Island Museum and
Historical Society, David Beek for being a Newport Beach Chamber of Commerce Commodore, and
Allan Beek for his involvement with Stop Polluting Our Newport (SPON).
Council Member Brenner recounted her pride in watching Newport Beach children, including her
daughter, board the ferry bound for the Newport Beach Junior Lifeguard program.
SS3. Presentation by Orange County Registrar of Voters Neal Kelley
Orange County Registrar of Voters Neal Kelley provided a Vote Center information brochure,
discussed Senate Bill 450, trends relative to vote -by -mail ballots, ballots dropped off at polling
locations, provisional ballots, and explained the Vote Center model, including benefits, voting options,
security, hours, trained staffing, reduced costs, and electronic data exchange for campaigns, noted the
County will be covering 75% of the cost for the program through State and Federal grants, reviewed
the extensive outreach that will occur to inform voters of the voting changes and their nearest Vote
Center and Ballot Drop Box locations, reported there will be 188 Vote Center and 110 Ballot Drop Box
locations throughout the County, noted people can still suggest Vote Center and Ballot Drop Box
locations at OCVote.com, and discussed supporting organizations.
In response to Council questions, Orange County Registrar of Voters Neal Kelley stated Ballot Drop
Box locations will be placed where there are security cameras and generally at government or retail
locations, described election day deadlines and how Ballot Drop Boxes will be monitored, highlighted
how voters can track their vote -by -mail ballot, believed the Vote Center model will reduce the time it
normally takes to release election results, confirmed that SB 450 was conceived by the legislature, not
the California Association of Clerks and Election Officials, but noted the association is supportive of
the change, confirmed that any candidate can request a recount after an election is certified, and
discussed ballot harvesting.
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Council Member Avery congratulated Orange County Registrar of Voters Kelley for being part of a
rare, successful bipartisan effort.
Laura Curran commended the Vote Center model and believed that it allows everyone the opportunity
to participate in democracy.
SS4. Wildland Fire Mitigation Plan Update
Mayor Pro Tem O'Neill recused himself due to real property interest conflicts.
Fire Chief Boyles and Fire Marshal Bass utilized a presentation to discuss the wildland management
program, the status of current City managed properties, fuel modification, hazard reduction zones,
and defensible space landscape areas, discuss vegetation management, the hazardous reduction zone,
wildland interface areas, the action plan for fire prevention, including amendment to Chapter 49
(Wildland) in the Fire Code, update of the City guidelines, and changing existing alternating year, and
highlight the vegetation management inspection program and the 2020 public education program for
disaster preparedness — Ready, Set, Go!
In response to Council questions, Fire Marshal Bass discussed the steps to identify the homes in the
defensible space landscape area, notify the property owners of the requirements and provide assistance
to make improvements, noted how fire season is year round, expressed the importance of replanting
to avoid erosion and slope degradation, discussed grants managed by community -created fire -safe
councils, noted problems associated with having a goat program, and reported there are about
50 homes in Buck Gully and Morning Canyon in the wildland area.
David Tanner commended the Fire Department and expressed hope that the Fire Department will
later address the effects that the Southern California Edison power shutoffs, regulatory agencies, and
urban wildland interfaces will have on the City.
Laura Curran believed the City parks can showcase how attractive and fire resistant native species
can be.
Mayor Dixon suggested that the City conduct a broader community meeting about this in the Civic
Center Community Room. Fire Marshal Bass indicated he has received numerous requests to have
him speak to various communities.
Council Member Brenner stated this is a perfect example of how community activism works in the
City, and commended Linda Oeth for bringing concerns about Buck Gully to the Corona del Mar
Residents Association, who then requested the City fill the Fire Marshal position.
III. PUBLIC COMMENTS
David Tanner provided a handout, discussed how the goals and objectives of the General Plan Update are
changing due to State mandates, like the Regional Housing Needs Assessment (RHNA) allocation, believed
the City needs to take proactive steps to protect the City's quality of life, and requested Council have staff
identify the metrics used by the State so the City could adjust its philosophy to better achieve the residents'
visions.
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.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 3 matters
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1. Property:
Agency Negotiators:
Negotiating Parties:
Under Negotiation:
2. Property:
Agency Negotiators:
Negotiating Parties:
Under Negotiation:
3. Property:
Agency Negotiators:
Negotiating Parties:
Under Negotiation:
V. RECESSED - 6:15 p.m.
4200 Campus Drive, Newport Beach, CA 92660
APN: 427-121-01
Grace K. Leung, City Manager
Seimone Jurjis, Community Development Director
Lauren Whitlinger, Real Property Administrator
Avis Rent A Car Systems, LLC; and D.E.K.K. Associates, a California
limited partnership
Price and terms of payment
3175 Airway Avenue, Costa Mesa, CA 92627
APN: 427-091-12
Grace K. Leung, City Manager
Seimone Jurjis, Community Development Director
Lauren Whitlinger, Real Property Administrator
City of Costa Mesa
Price and terms of payment
1885 Anaheim Avenue, Costa Mesa, CA 92627
APN: 424-211-12
Grace K. Leung, City Manager
Seimone Jurjis, Community Development Director
Lauren Whitlinger, Real Property Administrator
City of Costa Mesa
Price and terms of payment
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
Regarding Items IV.A.1, IV.A.2 and IV.A.3, City Attorney Harp announced that the City is continuing to
negotiate with the owners and lessees of the properties, and no reportable actions were taken at this time.
IX. INVOCATION - Reverend Dr. George Okusi, St. John the Divine Episcopal Church, Costa Mesa
X. PLEDGE OF ALLEGIANCE - Council Member Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Avery:
• Attended the dinner to celebrate the 1994 Newport Harbor High School 14-0 football season
Council Member Muldoon:
• Attended the dinner to celebrate the 1994 Newport Harbor High School 14-0 football season
• Announced that he and his son, Cannon, will be at the 3rd Annual Halloween Spooktacular
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Council Member Brenner:
• Met with Russ Fluter who has a project on the Peninsula which is being challenged at the California
Coastal Commission level; Phil Greer who is representing the families of rowers at the Newport Aquatic
Center (NAC) to discuss options moving forward, along with Mayor Dixon and staff, and staff to discuss
how to best create a Traffic Affairs Commission and requested a future agenda item to determine whether
a separate Traffic Affairs Commission is necessary or if the responsibilities should be added to the current
Planning Commission's responsibilities, which would require a Charter amendment
• Reported the Local Business Advancement Subcommittee, made up of Mayor Dixon, Council Member
Herdman, and herself, met with Newport Beach Restaurant Association Business Improvement District
members to discuss ways to support their efforts; the Education and Outreach Subcommittee of the
Homeless Task Force met with the City's consultant who provided feedback and suggestions to further
develop the City's homelessness webpage, as well as moving forward with the "No Panhandling" signage
and education (slide)
• Attended the Corona del Mar Chamber of Commerce Government Affairs meeting to report on City
activities and to hear Senator John Moorlach speak; the League of California Cities Annual Conference
last week with Mayor Pro Tem O'Neill, in which her sessions focused on homelessness and short term
vacation ordinances; Council Member Herdman's and Mayor Dixon's Town Hall meetings; and the
Finance Committee meeting with Mayor Dixon and Mayor Pro Tem O'Neill where a report was provided
that detailed information about current leases with non-profit organizations for below market value and
requested the report be included with tonight's agenda packet
• Discussed the City Council Ad Hoc Committee on Election Reform's public input meeting and indicated
all suggestions will be evaluated
• Announced the Council ad hoc subcommittee regarding short term lodging has been reaching out to the
community to gather feedback to refine short term vacation rental policies
• Invited everyone to her Town Hall meeting on October 26, 2019 (slide) where a ballot will be distributed
asking how the community would like to proceed with vacation rentals in R-2 Zones in Corona del Mar
and asking for feedback on some of the City's construction design standards that are applied to third
stories, and added that updates will be provided at the meeting regarding undergrounding, homelessness,
fire prevention, and the water rate increase
• Visited Charles Klobe and Nancy Scarborough, Monday morning, to observe the cars, bicyclists and
pedestrians in Newport Heights, and later met with the Pedestrian/Bike Safety Subcommittee
• Commended Reverend Dr. Okusi for his invocation
Council Member Herdman:
• Displayed slides to discuss the Recreation and Senior Services Department's shelter training and
Stanbridge University's Root for Change event
• Reported on his Town Hall meeting
• Attended the Corona del Mar Residents Association meeting; the Newport Beach Chamber of Commerce
Government Affairs Committee meeting, and the Balboa Island Merchants Association meeting
• Visited the Klobe residence in Newport Heights
• Provided statistics from the Orange County Mosquito and Vector Control District
Mayor Pro Tem O'Neill
• Reported the Ad Hoc Committee on Election Reform will be bringing back a report at the November 5,
2019 City Council meeting
• Attended Visit Newport Beach's Annual Marketing Dinner and the dinner to celebrate the 1994 Newport
Harbor High School 14-0 football season
• Announced that Battle of the Bay will be held Friday night
• Will be attending the Association of California Cities — Orange County's (ACC -OC) Housing Forum
• Encouraged everyone to attend the Homelessness 101 session on October 23, 2019 (slide)
• Suggested issuing Stanbridge University a proclamation for the Root for Change event since they have
been planting trees in the City for quite some time
Mayor Dixon:
• Announced she presented a proclamation at the Harbor Commission meeting to the United States Coast
Guard Auxiliary — Flotilla 61
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• Took her second tour of the Orange County Groundwater Replenishment System
• Displayed slides to announce a free community fair to kick-off the General Plan Update process and the
3rd Annual Halloween Spooktacular on October 26, 2019
• Read the Newport Beach Police Department announcement requesting that parents talk to their teen
about driving safely and announced that National Teen Driver Safety Week is October 20-26, 2019
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA
• Consideration of prohibiting all electric or motorized bicycles and vehicles from the Peninsula
boardwalk [Dixon]
City Clerk Brown recused herself due to real property interest conflicts.
With the exception of Mayor Pro Tem O'Neill and Council Member Muldoon, the remaining Council
Members concurred to place the matter on a future agenda.
• Evaluate opportunities for installation of protected bicycle lanes with curbs or physical
barriers, without reducing parking spaces, and intersection bulb -outs within Newport Heights
[Muldoon]
Council Member Avery recused himself due to real property interest conflicts.
With the exception of Council Member Herdman, the remaining Council Members concurred to place the
matter on a future agenda.
XVI. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 9 (Proposed Amendments to the Non -Exclusive Franchise Agreement), David Fahrion, CEO
of the California Waste and Recycling Association, stated the association supports the City meeting the State
mandates, but expressed concerns relative to the proposed increases to the insurance requirements,
amendments to the CalGreen mandates, and the length of the agreement. He added that the haulers did not
have the opportunity to meet with staff to discuss the substantive changes, and requested Council consider
extending the term of the agreement beyond 2024.
Public Works Director Webb reviewed the process, stated staff received correspondence and were available to
meet with haulers, and staff did meet with some of the Tier 1 haulers whose suggestions were incorporated
into Exhibit E.
Council Member Muldoon requested Item 9 be pulled for further discussion.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 8, 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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2019-92: Initiation of Zoning Code and LCP Amendments Related to the
Abatement of Nonconforming Signs (PA2019-184) [100-2019]
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a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-92, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled
"Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related
to Signs (PA2019-184).
CONTRACTS AND AGREEMENTS
4. Approval of Amendment No. Three to Janitorial Services Agreement with Quality Commercial
Cleaning, Inc. for Sidewalk Steam Cleaning (C-6303) [381100-2019]
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) Approve Amendment No. Three to Janitorial Services Agreement with Quality Commercial Cleaning,
Inc. dba Spectrum Facility Maintenance for sidewalk steam cleaning services to increase the total
not -to -exceed amount by $120,000 for a total not -to -exceed amount of $1,370,000, and authorize the
Mayor and City Clerk to execute the amendment.
16th Street Water Pump Station Upgrades and Backup Generator (18W13) - Approval of
Professional Services Agreement with Dudek Inc., Contract No. 7693-1 [381100-2019]
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) Approve a Professional Services Agreement with Dudek Inc. of San Juan Capistrano, California, for
the 16th Street Pump Station Upgrades and Backup Generator project at a not -to -exceed price of
$311,798.00, and authorize the Mayor and City Clerk to execute the Agreement.
6. Approval of Amendment No. Three to Maintenance/Repair Services Agreement with Park West
Landscape Maintenance, Inc. for Landscape Maintenance of Medians and Roadsides (C-5959)
[381100-2019]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; and
b) Approve Amendment No. Three to Maintenance/Repair Services Agreement with Park West
Landscape Maintenance, Inc. for landscape maintenance of medians and roadsides to extend the term
of the agreement for one year and increase the not -to -exceed contract amount by $2,303,175 for a total
not -to -exceed amount of $12,087,966, and authorize the Mayor and City Clerk to execute the
amendment.
7. Approve a Cooperative Agreement with the City of Irvine for a Regional Traffic Signal
Synchronization Project on the MacArthur Boulevard Corridor (C-8570-2) [381100-2019]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; and
b) Approve Cooperative Agreement between the City of Newport Beach and the City of Irvine for the
MacArthur Boulevard Corridor Regional Traffic Signal Synchronization Project (RTSSP) and direct
City Manager to include the City's required funding match (approximately $158,000) within the
FY 2020-21 Capital Improvement Program.
Council Member Muldoon recused himself on Item 7 due to business property interest conflicts.
8. Amendment No. One to a Professional Services Agreement with Sagecrest Planning and
Environmental for Consulting Services (C-7132-2) [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; and
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b) Approve Amendment No. One to extend the term of the agreement and to increase the amount by
$200,000 for a new not -to -exceed amount of $275,000, and authorize the Mayor and City Clerk to
execute the Amendment.
9. Pulled from the Consent Calendar by Council Member Muldoon
10. Professional Services Agreement with William B. Conners for Hearing Officer Services
(C-8612-1) [381100-2019]
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) Authorize the Mayor to execute an agreement with William B. Conners for hearing adjudication
services, with a not -to -exceed compensation amount of Fifty Thousand Dollars ($50,000).
11. Pulled from the Consent Calendar by Mayor Pro Tem O'Neill
12. Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure Report
(C-4961) [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; and
b) Receive and file the report.
MISCELLANEOUS
13. Planning Commission Action Report for the October 17, 2019 Meeting [100-2019]
Receive and file.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the Consent
Calendar except for Items removed (9 and 11); and noting the recusal by Council Member Muldoon on Item 7
and amendments to Item 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. Proposed Amendments to the Non -Exclusive Franchise Agreement for Commercial Solid Waste
Handling Services to Comply with AB 341, AB 1826, and CALGreen [42/100-2019]
Deputy Public Works Director Martin utilized a presentation to discuss CalRecycle compliance and State
recycling mandates, reviewed how the City is complying with the mandates, reported on the current
franchise agreements, and summarized the proposed amendments.
In response to Council questions, Deputy Public Works Director Martin and Human Resources
Director/Risk Manager Salvini confirmed the mandates are Statewide, some of the requirements were in
effect since 2012, but the diversion increase requirements will start in 2020, explained the reason for the
insurance requirement increases and how the limits were determined, reviewed the timeline, and
confirmed that each new agreement would need Council approval.
Mayor Pro Tem O'Neill indicated the Council subcommittee that reviewed this issue consisted of himself,
Mayor Dixon, and Council Member Brenner, emphasized the importance of hauler safety to the City, and
believed the insurance rates will increase even if the item does not pass, as permitted by the agreement.
City Attorney Harp concurred that the City has the right to make unilateral changes to the insurance
requirement upon giving notice.
Council Member Muldoon suggested extending the term of the agreement to 2026 in order for the haulers
to receive financing.
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Motion by Council Member Muldoon, seconded by Mayor Pro Tem O'Neill, 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 proposed amendments to the Non -Exclusive Franchise
Agreement for Commercial Solid Waste Handling Services to Comply with AB 341, AB 1826 and California
Green Building Standards Code (CALGreen ), and extend the term of the agreement to 2026.
George Straggas, LAL Services, stated they have been trying to become a hauler in the City for two years,
expressed concern for self -haulers due to the increased insurance requirements, noted the State allows
cities to have a certification process for self -haulers, and requested the proposed franchise agreement be
modified to separate self -haulers from Tier 1 and Tier 2 haulers.
Dan Fahrion expressed support for extending the agreement to 2026 and stated the association is happy
to work with staff.
Telford Cottam, owner of Tight Quarters Demolition, stated his company is a self -hauler, expressed
concerns relative to the increased insurance requirements, and believed it will drive the price for
demolition work to escalate.
Laurie Buechner, owner of Universal Bobcat and Hauler, stated she is a Tier 2 hauler, believed the current
method allows residents to have a choice of haulers, but expressed concern that the increased insurance
requirements would limit this opportunity and not allow her to continue to do business in the City.
Public Works Director Webb and Senior Management Analyst Hinckley reported that the franchise
agreement only applies to Tier 1 and Tier 2 haulers, and includes a provision for self -hauling.
In response to Mayor Dixon's questions, Public Works Director Webb explained that the current
30 franchise agreements expire in 2024, but they can update to the new franchise agreement, if approved,
that would not expire until 2026 and adjusts as State mandates change. City Attorney Harp indicated new
haulers would sign the new franchise agreement.
The motion carried unanimously.
11. Cultural Arts Grants FY 2019-20 (C-8577) [38/100-20191
Mayor Pro Tem O'Neill expressed concern for providing additional funding to the Newport Beach Film
Festival when.they already receive funding from the City.
Motion by Mayor Pro Tem O'Neill, 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 recommended recipients for FY 2019-20 Cultural Arts
Grants as selected by the City Arts Commission in accordance with City Council Policy I-10 — Financial
Support for Culture and Arts, except for the Newport Beach Film Festival's $5,000 funding, which would
be returned to the City Arts Commission fund.
City Arts Commission Chair Greer explained that the Newport Beach Film Festival would use the grant
money for industry seminars that are a separate program than the actual film festival. She added that the
seminars are free of charge, available to anyone, has been funded for the past five years, and the Newport
Beach Film Festival augments the remaining cost of the seminars. Library Services Director Hetherton
added that the seminars are conducted on weekends and draws in a younger demographic.
In response to Council questions, Chair Greer indicated the City Arts Commission might be able to fund
the seminars and requested Council receive more information before making a decision.
Council Member Brenner indicated the community is concerned about the disparity of how the City funds
various programs.
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Unidentified speaker indicated she attends the seminars, agreed that all age groups attend, noted it is not
part of the film festival, and applauded the City for providing programs like this.
Mayor Pro Tem O'Neill pointed out that the grant funds come from the General Fund and the City Arts
Commission does not have a budget, but clarified the Commission makes recommendations to Council for
suggestions on how to spend the funds.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Carl Lachman discussed the history of the Sister Cities program and introduced Liddy Paulson, President of
the Newport Beach Sister City Association, and Connie Skibba, Vice President of the Newport Beach Sister
City Association. High school students Meghan Lachman, Riley Bogard, Cade Carson, Leanna Tamura,
Mason Applebaum, and Amelia Clark relayed their experiences during their visit to Okazaki, Japan, as part
of the Newport Beach Sister City Association's Student Exchange Program, and provided the City with a gift
from Okazaki.
Steve Ray, Executive Director of the Banning Ranch Conservancy, provided a handout, indicated the
Conservancy opened an office in the City, discussed their mission to purchase the property, invited Council to
their 20th anniversary gala on November 2, 2019, and requested to be able to present their vision for Banning
Ranch during a public meeting.
Unidentified speaker discussed the protesting that occurred at the last meeting, indicated she brought a Costa
Mesa Council Member with her tonight to observe it, and hoped that Huntington Beach, Costa Mesa and
Newport Beach will work together on sober living and homeless shelter issues. She also commended the Police
Department for how they handle themselves during difficult situations.
Shawn Archbold, UCI student, expressed the opinion that having a homeless shelter in the City is a cool idea.
Max Johnson noted comments from the previous meeting regarding funding for the Sculpture Garden,
discussed benefits that the City Arts Commission provides to the City, believed funding their causes does not
deter from the importance of the homeless issue, and suggested supporting City Arts Commission Chair
Greer's efforts.
XVIII. PUBLIC HEARING
14. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150)
(C-4145) [38/100-20191
Mayor Dixon opened the public hearing.
Unidentified speaker noted that Sober Living by the Sea changed its name to Sierra by the Sea, discussed
why she believed the name changed, suggested everyone read the October 21, 2019 article in the New
Yorker, believed individuals are released from their facilities and end up being homeless, and suggested
readdressing this.
Community Development Director Jurjis reported that Code Enforcement and the Police Department
conducted thorough reviews of the facilities and noted they are in full compliance with the agreement.
Valerie Kading, CEO of Sierra by the Sea, explained their name change was due to the facilities not being
sober living homes but residential treatment facilities, believed their facilities have been good neighbors,
and requested that everyone learn more about what they do.
Carol Dru suggested requiring Sober Living by the Sea to transport their clients back to their originating
locations when treatment is done, rather than releasing them into the streets.
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Ms. Kading discussed their process of communicating with family members, assured Council that they do
not leave people on the streets, know where they are going upon discharge, and indicated that sometimes
the next step for a client is to be referred to lower level care with another treatment facility or healthcare
provider. She noted that sometimes returning a client to their home environment is not conducive to their
treatment.
In response to Jim Mosher's comment, Community Development Director Jurjis indicated the errors in
the bed counts will be corrected prior to filing the report.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Motion by Council Member Muldoon, seconded by Council Member Herdman, 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, Division 6, 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 SLBTS has demonstrated
good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement; and
c) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms
of the Zoning Implementation and Public Benefit Agreement.
The motion carried unanimously.
XIX. CURRENT BUSINESS
15. Fire Station No. 2 Replacement Project — Approval of Conceptual Design [100-20191
Council Member Muldoon recused himself due to potential business interest conflicts.
Public Works Director Webb, Deputy Public Works Director Houlihan, and Senior Civil Engineer Tauscher
utilized a presentation to discuss the history of the fixe station, display a location map, review the exterior
fagade options, note that Option 1 was the preferred option at the Town Hall meetings, and highlight the
site and floor plan layout, the 281h Street improvements, cost estimate, tentative schedule, and staff
recommendations. Staff added that the residents at the community meetings requested a public restroom
be installed in the area, pointed it out on the site map, and noted it is included in the cost estimate.
Mayor Pro Tem O'Neill stated the project was approved on September 12, 2017 and the cost has stayed
fairly stable after two years, pointed out that the plan was to sell the existing site to help offset the costs,
emphasized the many funding sources that will be used for this project, and commended the project.
In response to Council Member Herdman's question, Public Works Director Webb indicated that the
exterior fagade options were discussed at two Town Hall meetings on the Peninsula and Option 1 was the
preferred option at both meetings.
Council Member Avery believed the new fire station is in the right location and commended the City for
its systematic process for upgrading the fire stations.
Council Member Brenner commended staff for taking the project to the Town Hall meetings to receive
public input, noting that public input on the Corona del Mar Fire Station and Library was initiated by the
citizens who then worked with City staff to reach a very desirable outcome. She stated that the new Corona
del Mar Fire Station seems to have increased the desirability of properties nearby and noted that the fire
personnel seem to make every effort to impact neighbors as little as possible.
Council Member Duffield believed the fire station will have a calming effect on the area.
Adi Nair, UCI student, expressed hope that environmental options were also taken into consideration,
even if it made the project more expensive.
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Council Member Duffield believed the fire station will have a calming effect on the area.
Adi Nair, UCI student, expressed hope that environmental options were also taken into consideration,
even if it made the project more expensive.
Jim Mosher believed the outreach was not as rigorous as mentioned since it was not the only item for
discussion at the Town Hall meetings, asked why the City is not proceeding to change the land use
designation, asked if there will be a Coastal Development Permit to build the fire station, questioned if
this will still be called the Lido Fire Station since it will no longer be in the Lido area, and noted the design
does not include a fire pole, but suggested adding something, maybe a slide, to improve response times.
Ken Rawson stated his recollection of the Town Hall meetings differs from Mr. Mosher's, noted all his
neighbors support the project only because of the detailed presentation made by staff, and assured Council
that the meetings were well attended, had an agenda, and staff were in attendance.
Mitch Mathis stated he lives 100 feet from the proposed fire station, expressed support for installing traffic
lights at the intersection, but expressed opposition to placing the fire station at 28th Street due to issues
related to traffic, routing, increased response times, and the effect on his property value. He asked if the
parking spots will be free or metered, and suggested not including public restrooms in the project.
In response to Council questions, Fire Chief Boyles indicated that response times will increase in some
areas of the Peninsula, but will decrease in other areas, noted that the response time to get to the tip of
Lido Isle will increase by 43 seconds, explained the modified use of horns, sirens and lights in residential
areas, and discussed the difficulty with the current location. Public Works Director Webb reported many
of the fire stations are in residential areas, property values generally do not decrease due to the proximity
of a fire department, and the parking spaces along 28th Street will be free.
Council Member Herdman noted his home is near the Balboa Island Fire Station and the protocol
described by Chief Boyles has been practiced for 20 years, believed the fire station does not disrupt his life
or negatively impact his quality of life, and indicated property values on Balboa Island continue to
increase.
Motion by Mayor Dixon, seconded by Mayor Pro Tem O'Neill, to a) find this project exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In -Fill Development
Projects) of the CEQA Guidelines as documented in Attachment E of the staff report, because this project
has no potential to have a significant effect on the environment; b) review and approve the conceptual
design and project construction cost estimate budget; and c) direct staff to proceed with the final Fire
Station construction documents and obtain bids for construction.
The motion carried unanimously.
16. Resolution No. 2019-91: Sculpture Exhibition in Civic Center Park - Local Assistance Specified
Grant (C-8611-1) [38/100-2019]
City Arts Commission Chair Greer commended all the work that has gone into creating the "Museum
Without Walls," thanked previous and current Councils for their ongoing commitment to the project,
thanked the community for its dedication, recognized past and current Commissions, discussed how the
grant will be used, and expressed hope that Council will support this.
Patricia Jorgensen, President of the Newport Beach Arts Foundation, expressed support for Council's
acceptance of the $500,000 grant, pointed out that Council has asked the Commission to look for outside
funding sources, and commended Chair Greer for applying for the grant.
Carmen Smith, Secretary of Newport Beach Arts Foundation, believed a vibrant culture makes for a
vibrant city, requested Council accept the grant, and stated she is looking forward to possibly having as
many as 30 sculptures in the Civic Center Park at one time.
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Study Session and Regular Meeting
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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; b) adopt Resolution No. 2019-91, AResolution of the City Council
of the City of Newport Beach, California, Approving Application for Specified Grant Funding for $500,000
for the Sculpture Exhibition in Civic Center Park Project; and c) approve a proposal to use Local Assisted
Specified Grant Funds to fund Phases VI and VII of the Sculpture Exhibition in Civic Center Park and
infrastructure improvements to Civic Center Park.
Substitute motion by Mayor Pro Tem O'Neill seconded by Council Member Muldoon, to
a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a
physical change to the environment, directly or indirectly; b) adopt Resolution No. 2019-91, A Resolution
of the City Council of the City of Newport Beach, California, Approving Application for Specified Grant
Funding for $500,000 for the Sculpture Exhibition in Civic Center Park Project; and c) approve a proposal
to use Local Assisted Specified Grant Funds to fund Phases V and VI of the Sculpture Exhibition in Civic
Center Park and infrastructure improvements to Civic Center Park.
Council Member Brenner requested that, no matter which phases are approved, the City Arts Commission
conduct broader outreach in order to determine what the community wants.
Council Member Avery commended the Commission for applying for the grant.
Mayor Dixon believed the Commission and Foundation have transformed the 14 acre park into a showpiece
and amenity for the community.
The substitute motion carried unanimously.
XX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT — 9:33 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 17, 2019, at
4:00 p.m.
Diane B. Dixon
Mayor
Leilani I. Brown
City Clerk
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