HomeMy WebLinkAbout05/26/2020 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 26, 2020
I. ROLL CALL - 5:17 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
II. PUBLIC COMMENTS ON CLOSED SESSION
Jim Mosher shared his interpretation of the Closed Session item and believed the ability to admit errors
is a virtue, not a vice.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and (e)(1)): 1 matter
IV. RECESS — 5:20 p.m
V. RECONVENED AFTER CLOSED SESSION — 6:17 p.m.
VI. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
VIII. INVOCATION — Council Member Muldoon
IX. PLEDGE OF ALLEGIANCE — Mayor O'Neill
X. PRESENTATION
• Public Works Week Proclamation
Mayor O'Neill read the proclamation and presented it to Public Works Director Webb, who thanked
Council, commended his staff for all their work, and discussed their efforts during the current
pandemic.
Council Member Brenner believed the Public Works Department deserves the recognition,
especially over the last few months, and expressed appreciation to the entire department for their
responsiveness under difficult circumstances.
Council Member Dixon commended the Public Works Department and expressed appreciation from
residents of District 1.
Council Member Herdman thanked Public Works Director Webb and his staff for their problem -
solving capabilities.
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XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Requested that Council consider a resolution similar to the County Board of Supervisors' resolution
to declare that all houses of faith be deemed essential
Council Member Muldoon:
• Agreed with houses of faith being deemed essential
• Announced that the Knights of Columbus from Our Lady Queen of Angels Church have organized
drive -up food drives with blessings for May 31, June 7, and June 14, 2020
• Requested Council consider an item to reevaluate this summer's Junior Lifeguard Program
Council Member Brenner:
• Attended a Zoom meeting with a group of Sage High School students to form a youth leadership
council
• Attended an Ad Hoc Committee for Local Business Advancement and Short -Term Lodging meeting
• Attended a meeting with Hoag Hospital's consultant regarding changes at Hoag Hospital and noted
a meeting with Karen Ames who has started shopping for seniors service
• Announced that a $25,000 contribution for Friends of OASIS was presented to Mike Zimmerman
Mayor O'Neill:
• Attended Transportation Corridor Agency (TCA) subcommittee and Finance Committee meetings
• Signed a letter with many Orange County mayors asking that Coronavirus Aid, Relief, and
Economic Security (CARES) funding be disbursed through the cities instead of the County, and
reported that the Board of Supervisors will split funding five ways and Supervisor Steel will
disburse the funds to the cities in her district
• Referenced a PowerPoint to announce the May 27, 2020 application deadline for the City's
Community Programs & Special Events Grant Program and a new Emergency Preparedness Guide,
which is available at newportbeachca.gov/readynb
• Requested Council consider a resolution supporting and commending Hoag Hospital for its efforts
during the Coronavirus pandemic
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
In response to Council Member Muldoon's question regarding Item No. 7 (Newport Pier Restaurant
Demolition and Platform Rehabilitation Design), Public Works Director Webb advised that the age and
stability of some of the pier piles during winter storms are concerning.
In response to Council Member Brenner's question regarding Item No. 5 (Cameo Highlands Street
Reconstruction), Public Works Director Webb indicated the reconstruction will use a deeper structural
section.
Regarding Item No. 10 (Board and Commission Nominations), Mayor O'Neill recalled that, contrary to
policy, Council appointed a City Arts Commissioner to a third term in 2019 because of special
circumstances and understood that the term would be for one year; however, he noted that the
commissioner did not resign as expected and indicated there are three quality candidates for the City
Arts Commission.
Jim Mosher, addressing Item No. 1 (Minutes) and Agenda Item No. 10, believed page 394 should be
amended to reflect the Ocean Boardwalk parking lot project, not the Ocean Boulevard concrete
pavement project, the list of Civil Service Board nominees should be returned to the Classified
Employees of Newport Beach to receive a fifth nominee, and wondered about the standard the selection
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committee used when reviewing applicants for the Planning Commission, noting he submitted an
application for the seat.
Mayor O'Neill reported only four applications were submitted for the Civil Service Board, and they
cannot conscript a volunteer to add a fifth nominee.
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 30, 2020 Special Emergency Meeting, May 2, 2020 Special Meeting,
and May 12, 2020 City Council Meeting [100-2020]
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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises
[100-2020]
Determine this action to be 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) Conduct a second reading to consider termination of 2017 Non -Exclusive Franchise Agreements
for Commercial Solid Waste and Divertible Materials Handling Services with Nine firms as
listed in this staff report due to not obtaining insurance of the types and amounts in the 2017
Franchise and providing evidence of coverage by February 10, 2020, and/or not providing
evidence of a collision avoidance system on all equipment that operates in Newport Beach by
January 1, 2020; and
c) Conduct second reading and adopt Ordinance No. 2020-14, An Ordinance of the City Council of
the City of Newport Beach, California, Terminating Those Certain 2017 Non -Exclusive Franchise
Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the
City of Newport Beach.
CONTRACTS AND AGREEMENTS
4. Arches Diversion Projects — Award of Contract No. 8279-2 [381100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (minor alteration of existing facilities) of the CEQA Guidelines, because it has
negligible potential to have a significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 8279-2 to GCI Construction, Inc. for the total bid amount of $462,448.45,
and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $47,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Authorize the City Manager and City Clerk to execute the Temporary Right of Entry Agreement
with Hoag Hospital on an agreement approved as to form by the City Attorney.
5. Cameo Highlands Street Reconstruction — Award of Contract No. 7067-2 (20R21) [38/100-
2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(b)(c), Class 1 (maintenance of existing public facilities involving negligible or no
expansion of use) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
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b) Approve the project plans and specifications;
c) Award Contract No. 7067-2 to All American Asphalt for the total bid price of $2,425,694, and
authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $242,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 20-048 appropriating $46,525 in increased expenditures from
the Water Enterprise unappropriated fund balance to Account No. 70101-980000-20R09 for the
Cameo Highlands Street Reconstruction project (201121).
Council Member Muldoon voted "no" on Item No. 5.
6. Approval of On -Call Professional Services Agreement with Moffatt & Nichol Engineering
for Environmental Consulting Support (C-8640-1) [381100-2020]
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 On -Call Professional Services Agreement with Moffatt & Nichol for environmental
consulting support for a term of two years and a total not -to -exceed amount of $200,000, and
authorize the Mayor and City Clerk to execute the agreement.
7. Approval and Award of Professional Services Agreement with Moffatt & Nichol for the
Newport Pier Restaurant Demolition and Platform Rehabilitation Design (C-7520-1)
[381100-2020]
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 (PSA) with Moffatt & Nichol for the Newport Pier
Restaurant Demolition and Platform Rehabilitation Design for a not -to -exceed price of $359,237,
and authorize the Mayor and City Clerk to execute the Agreement.
8. Professional Services Agreement with Rodell R. Fick for Hearing Adjudication Services
(C-8642-1) [381100-2020]
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 a three-year agreement with Rodell R. Fick for hearing
adjudication services, with a not -to -exceed compensation amount of Fifty Thousand Dollars
($50,000).
MISCELLANEOUS
9. Set Public Hearing Date to Adopt Fiscal Year 2020-2021 Budget [100-2020]
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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2020-2021 on June 9,
2020, and direct the City Clerk to publish a notice of said hearing in accordance with Section
1102 of the Newport Beach Charter.
10. Board and Commission Scheduled Vacancies - Confirmation of Nominees [241100-2020]
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 the portion of City Council Policy A-2 (Boards, Commissions & Committees) that
recommends nominating two or more candidates for each vacancy, if a sufficient number of
candidates are available; and
c) Confirm the nominations made by the City Council Ad Hoc Appointments Committee:
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Board of Library Trustees [1 vacancy]
Ash Kumra
Paul Watkins (incumbent)
Building and Fire Board of Appeals [2 vacancies]
Khosrow (Saum) Nourmohammadi (Nour) (incumbent)
Rolly Pulaski (incumbent)
City Arts Commission [2 vacancies]
Patricia Dreyfus
Marie Little (incumbent)
Leonard Simon
Civil Service Board (Police and Fire nominees) [2 vacancies]
Robyn Grant (incumbent)
Howard Herzog (incumbent)
Brian Moore
Richard Tilley
Harbor Commission [1 vacancy]
Kevin Kramer
Jordan Wachter
Gary Williams
Parks, Beaches & Recreation Commission [1 vacancy]
David Granoff (incumbent)
Kent Martin
Cynthia Sender
Planning Commission [2 vacancies]
Curtis Ellmore (incumbent)
Debbie Stevens
Erik Weigand (incumbent)
Motion by Mayor Pro Tem Avery, seconded by Council Member Muldoon, to approve the
Consent Calendar; and noting the "no" vote on Item No. 5 by Council Member Muldoon, and the
amendments to Item No. 1.
The motion carried unanimously.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS
Jim Mosher advised that it was "John Wayne Day" in Newport Beach and took issue that the last two
City Council meetings have not started at 7:00 p.m.
XVII. CURRENT BUSINESS
11. Emergency Ordinance No. 2020-005: Fast Track Back to Business - Emergency Temporary
Use Permit Program (PA2020-069) [100-20191
Mayor O'Neill indicated that this ordinance gives discretion to the Community Development
Director to work with other departments to issue temporary use permits.
In response to Council Member Dixon's questions, Community Development Director Jurjis
described the application process, including a site or seating plan and review by the Police
Department, Fire Department, and Public Works Department; stated that an applicant should have
a response within 24 hours; noted the process will be virtual; and encouraged restaurant owners to
communicate with staff to apply for proper permitting when expanding restaurant access to mitigate
issues such as fire and Americans with Disabilities Act (ADA) accessibility. Public Works Director
Webb added that there may be opportunities to vacate public streets if circulation and safety are
maintained, and staff will consider public parking lots and the pier plazas.
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Council Member Muldoon thanked City staff for their efforts in making this program possible and
noted temporary waivers for retail, restaurants, and churches. Council Member Dixon expressed an
idea to have this become more than just for indoor dining and thanked the Mayor for putting the
group together.
In response to Mayor Pro Tem Avery's question, Mayor O'Neill reported any approval will end
14 days after the emergency declaration has ended.
Jim Mosher expressed concern that the ordinance gives the Community Development Director
unbridled authority to issue a permit to suspend any provision of the Newport Beach Municipal
Code, does not limit the authority to the adjacent property, and does not state that the Community
Development Director has to follow other departments' advice.
Mayor O'Neill believed this is a time when you need to have trust in an individual and trust that
the individual will take the advice of people he trusts and works with. He pointed out that the reason
for giving discretion to the Community Development Director is timeliness so businesses can stay
open. He stated that Council is balancing the opening of businesses with the public health crisis,
and emphasized that this will not go on forever.
Motion by Council Member Dixon, seconded by Council Member Muldoon, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to 15269 (c) (the
activity is necessary to prevent or mitigate an emergency), 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, California Code of
Regulations, Title 14, Division 6, Chapter 3, because this project has no potential for resulting in
physical change to the environment, directly or indirectly; and b) pursuant to City of Newport Beach
Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt
Emergency Ordinance No. 2020-005, An Emergency Ordinance of the City Council of the City of
Newport Beach, California, Authorizing the Community Development Director to Grant Emergency
Temporary Use Permits to Commercial Businesses and Religious Institutions for the Utilization of
Private Property, Parking Lots, Sidewalks, and Public Property.
The motion carried unanimously.
12. Ad Hoc Committee on Local Business Advancement Recommendations [100-20191
Council Member Brenner reported that the Ad Hoc Committee on Local Business Advancement has
worked diligently with the Business Improvement Districts (BID) and merchant associations. The ad
hoc committee believed this is not the time to penalize business organizations and recommended
funding them for one more year and continuing the ad hoc committee to draft a separate resolution
in one year.
Council Member Dixon indicated that the ad hoc committee was ready to have the business
organizations be independent from the City, but then the Coronavirus hit. She discussed financial
resources to support businesses, stated that the Coronavirus Aid, Relief, and Economic Security,
(CARES) Act and Community Development Block Grant (CDBG) funds may be used to establish a
separate program, noted that the $160,000 that was formerly in the budget is still in the budget and
would provide immediate funding for business reopening activities without any incremental cost to
the FY 2019-20 and FY 2020-21 budgets, and stated her support of this recommendation.
Council Member Herdman advised that the ad hoc committee worked well together, thanked Deputy
City Manager Finnigan and Administrative Analyst Franceschini, and believed it is important for
the community to understand that Council is committed to assisting, helping, and supporting small
businesses.
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Council Member Muldoon added that the intent is for these groups to be self-sustaining in the
following years.
Mayor O'Neill indicated that he does not support assisting the 1989 Law BIDs and stated that if
Council is going to keep them in place, he would support giving them the additional money this year
because they have shown themselves to be good at what they do. Council Member Dixon believed that
all Council Members agree, but this is not the year to force the transition.
Mayor O'Neill indicated that he did not agree with the merchant association's recommendation for
funding because they should not have been receiving money these last three years, pointed out that
there are two competing merchant associations on Balboa Island, and believed that funding should
be made available to all areas in the City.
Mayor Pro Tem Avery expressed the opinion that this subject is difficult, believed Council should be
working from the 1994 Law, and stated that Council wants to do everything it can to support
businesses.
Council Member Herdman agreed with some of the things Mayor O'Neill said, encouraged Council to
take this allocation into consideration, if approved, when looking at the distribution of any other
funds from the County, State or Federal Governments, expressed concerns about the second
organization on Balboa Island, shared Deputy City Manager Finnigan's research on both
organizations, and believed there is merit to leaving them out of the allocation.
Council Member Brenner indicated some of the members of the second association are long-time
Balboa Island residents and merchants, and that each organization is required to submit a report
regarding the efforts it has undertaken and completed in the past year, a plan and budget outline, a
profit and loss statement, and a balance sheet of current assets.
Council Member Muldoon spoke about the Balboa Island organizations and noted that he would like
to see further research from Deputy City Manager Finnigan and hear more about the Mayor's
thoughts.
Council Member Dixon believed there is a sense of urgency and expediency about disbursing the
funds.
Mayor O'Neill clarified that Council is being asked 1) to make a recommendation to bring back a
renewal as the Council normally does; 2) as part of the budget for next year, does Council agree with
Recommendation No. 2; 3) whether to budget $40,000 for the Balboa Village Merchants Association;
4) whether to budget $20,000 for the Balboa Island Merchants Association Inc.; and 5) whether to
budget $20,000 for the Balboa Island Merchants Association.
In response to Council Member Brenner's question, Mayor O'Neill expressed concern that a
substantial amount of money has been devoted to the Balboa Village area.
Council Member Dixon indicated Balboa Village is the oldest part of the City, funds for the Balboa
Village Merchant Association would help with business reopenings, noted the Balboa Village
Advisory Committee (BVAC) funds are designated to be used for public signage, wayfinding, and
landscaping, and added that Balboa Village is enduring significant economic decline and receives the
greatest wear and tear from visitors.
With Mayor O'Neill voting "no," there was a 6-1 straw vote for the renewal of the Newport Beach
Restaurant BID and Corona del Mar BID.
There was a unanimous straw poll vote to provide $40,000 to the Newport Beach Restaurant BID
and $40,000 to the Corona del Mar BID.
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With Mayor O'Neill voting "no," there was a 6-1 straw vote to budget $40,000 for the Balboa Village
Merchants Association.
With Mayor O'Neill and Council Member Muldoon voting no, there was a 5-2 straw vote to budget
$20,000 to Balboa Island Merchants Association Inc.
With Mayor O'Neill voting no, there was a 6-1 straw vote to budget $20,000 to the Balboa Island
Merchants Association.
Council Member Brenner requested information regarding how much money the Balboa Island
Merchants Association Inc. and Balboa Island Merchants Association have accumulated. Mayor
O'Neill advised that information will be part of their budget outline and expressed interest in seeing
the BIDs budget. Council Member Herdman added that Council needs to see the reasons for the cash
reserves.
City Manager Leung requested and received confirmation that the direction is to provide money in
the budget pending the BIDS and merchant associations coming back with the full set of requirements
before funds are issued.
13. Novel Coronavirus (COVID-19) Update [100-20191
Fire Chief Boyles detailed various statistics and changes to dispatch, policy and equipment
procurement procedures, reported on the transport of 12 known COVID-19 patients, while informing
Council that all fire personnel have remained safe and healthy.
Lifeguard Chief Halphide and Lifeguard Captain Ure referenced a presentation, detailed various
components of the Junior Lifeguard Program from last year and noted the differences with this
year's program.
Council Member Muldoon expressed his reasons for wanting to bring this item back for further
review and suggested alternative class sizes and hours to keep the program available to more junior
lifeguards.
In response to Council Member Brenner's question, Chief Halphide related that Lifeguards
participating in the Junior Lifeguard Program are taken off beach duties and, of the 145 Lifeguards
committed to working the season, 120 to 125 are needed to staff ocean beaches, while 88 are needed
to work as instructors. Council Member Brenner noted beaches have been so crowded lately and
expressed concern about the balance of safety and the program.
Council Member Dixon expressed her support for an abridged program. At Council Member Dixon's
request, Fire Chief Boyles indicated that an estimated 60,000 people were on the beach each day of
the Memorial Day weekend and about 50,000 on Monday.
Mayor Pro Tem Avery commended staff on the plan and being able to offer the program to the older
children for their last year.
Police Chief Lewis reported that, during the Memorial Day weekend, the beach saw large crowds,
but everyone was well behaved, and no significant incidents occurred.
Council Member Dixon thanked both Chiefs for listening to the concerns of residents and focusing
on enforcement of the Municipal Code, and detailed various e-mails received from the public
pertaining to alcohol, illegal fireworks, and bonfires.
Council Member Brenner thanked all City staff because they have been dealing with extraordinary
circumstances, noted laws are being enforced, shared her experiences while driving through the City
Sunday afternoon, and expressed hope that word would spread that Newport Beach enforces its
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laws. Police Chief Lewis reported that the Police Department has a longstanding commitment to
being fair, firm and highly visible and values community policing.
Mayor O'Neill stated that residents should take into consideration that the City has a resource
allocation issue as crime is still occurring in the City, and although beach safety is important, police
are actively monitoring all reported criminal activities.
City Manager Leung noted that, over the Memorial Day weekend, Public Works and Utilities
employees worked hard and utilized a presentation to review Stage 2 (business reopening),
requirements to follow before businesses reopening, timeline for reopening City facilities and
services, street sweeping services, and adjusted and cancelled programs, classes, and events.
In response to Mayor O'Neill's questions, City Manager Leung advised that staff wants to see
guidance regarding summer camps, but there has yet to be an opinion on gatherings, and added
that the Recreation and Senior Services Director has been looking at programs to possibly
implement during the second half of summer.
In response to Council Member Dixon's question, City Manager Leung indicated parks are open for
passive use, but not playground equipment. Council Member Dixon commended the City Manager
and staff for their efforts to keep the community functioning and for being adaptive.
In response to Council Member Brenner's question, City Manager Leung stated that August 24,
2020, is the date set to open schools. Council Member Brenner suggested parking control precede
the street sweeper and allow people to park once the sweeper has gone by.
Jim Mosher commended the City for providing the COVID-19 update in public and believed Orange
County has been very fortunate not to be hit like New York or Los Angeles but cautioned that the
City should not discount the possibility that the virus could worsen with the reopening of businesses.
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 8:40 p.m. in memory of General William Lyon
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 May 21,
2020, at 4:00 p.m.
Leilani I. Brown
City Clerk
cz;
— , " - r, Will O'Neill
Mayor
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