HomeMy WebLinkAbout10/27/2020 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 27, 2020
I. ROLL CALL - 4:00 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
Regarding Closed Session, Jim Mosher inquired whether Council has set objectives for the three
employees, noted Council hired the employees but they work for the public, and suggested Council
obtain the public's opinion of the employees' performance.
Tracy Blankenship, managing agent for Newport Ridge Estates, expressed concern about vehicles
parked along Terrace Ridge for more than 72 hours and urged the City to prohibit parking during certain
hours or increase patrol in the area.
City Attorney Harp reported that the City Council would adjourn to Closed Session to discuss the item
listed in the Closed Session agenda and read the title.
III. CLOSED SESSION - Council Chambers Conference Room
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters
Title: Grace K. Leung, City Manager
Title: Aaron C. Harp, City Attorney
Title: Leilani I. Brown, City Clerk
IV. RECESSED - 4:04 p.m.
V. RECONVENED AT 4:30 P.M. FOR REGULAR MEETING
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 reported that no reportable actions were taken.
VIII. INVOCATION - Council Member Muldoon
IX. PLEDGE OF ALLEGIANCE - Council Member Dixon
X. PRESENTATIONS
• Proclamation Designating November 8-14,2020 as National Nurse Practitioner Week
Mayor O'Neill read the proclamation and presented it to Katherine Roy, representative of the
Orange County Chapter of the California Association for Nurse Practitioners (CANP). Ms. Roy
thanked Council for the proclamation and the recognition of nurse practitioners during the Year of
the Nurse and COVID-19 workloads.
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Presentation from the Newport Beach Library Foundation
Karen Clark, Newport Beach Library Foundation, thanked the City, presented a check for $88,000
to be used for digital content and subscription databases, and paid tribute to John Stahr, one of the
Foundation founders. Board of Library Trustees Chair Paul Watkins thanked the Newport Beach
Library Foundation and Council for their support of the Newport Beach Public Library.
Mayor O'Neill appreciated the Foundation's donation and support of online resources during the
pandemic.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Herdman
• Attended an Orange County Mosquito and Vector Control Board meeting, and reported on West
Nile virus cases and bird deaths, an influx of ankle biters, and services provided to Newport Beach
• Attended a meeting of the Aviation Committee in which they received subcommittee reports, a
legislative update, a consultant presentation, a new General Aviation Improvement Program
(GAIP), and updates regarding Federal Aviation Administration (FAA) meetings and air carrier
meetings
• Met with Council Member Brenner and Harbor Commission Chair Kenney
• Attended the airport update meeting with staff
Council Member Dixon:
• Attended meetings of the Aviation Committee and the Balboa Village Advisory Committee (BVAC),
and the Police Appreciation Awards Ceremony
Council Member Muldoon:
• Met with Harbor Commission Chair Kenney, attended the Police Appreciation Awards Ceremony,
and noted appreciation for the installation of partitions at the dais
Council Member Brenner:
• Attended meetings of the Corona del Mar Residents Association (CdMRA) board, CdMRA historical
subcommittee which is interested in obtaining Newport Beach historical resources, and the Corona
del Mar Business Improvement District (BID) which is planning events for December
• Requested a future agenda item to consider waiving all City fees for the proposed school at the
Community Church Congregational
• Announced trick or treating and a scavenger hunt at Corona del Mar businesses from 10 a.m. to
5 p.m. on Halloween, and the Newport Beach Police Department will pass out candy on Halloween
Mayor Pro Tem Avery:
• Along with Mayor O'Neill and Council Member Brenner, attended a meeting of the Homeless Task
Force and also attended the Police Appreciation Awards Ceremony
Mayor O'Neill:
• Attended a Newport Beach Realtors meeting via Zoom, a CdMRA meeting, a tour of the Lyon Air
Museum, and the Police Appreciation Awards Ceremony
• Announced he was interviewed by CBS LA regarding the Los Angeles Lakers winning the
championship
• Commended the Police and Fire Departments and other City departments for coordinating a smooth
and safe visit for the President
• Thanked the Fire Chief, Fire Public Information Officer (PIO), and the City PIO for providing
updates on the fires and announced that the Recreation and Senior Services Department opened
the Newport Coast Community Center to Irvine residents who were evacuated.
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XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of a zoning code amendment to allow restaurant and health club uses in
the MU -DW Mixed -Use Dover Drive/Westcliff area [Duffield]
The City Council unanimously concurred to bring this matter back at a future meeting.
• Discussion of traffic calming measures in Dover Shores [Muldoon]
The City Council unanimously concurred to bring this matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
In response to Council Member Herdman's question regarding Item 13 (Budget Amendment to Accept
a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's
Fiscal Year 2020-21 Maintenance and Operation Budget), Library Services Director Hetherton reported
that the Newport Beach Library Foundation donation will be utilized for collections and resources,
specifically digital content and databases.
In response to Council Member Brenner's question regarding Item 4 (Ordinance No. 2020-26: Short
Term Lodging Amendments to Chapter 5.95 (PA2020-048)), City Attorney Harp indicated Council may
review and amend any provision of the Municipal Code at any time and, if approved, Ordinance
No. 2020-26 will be submitted to the California Coastal Commission for approval.
With Mayor O'Neill, Council Member Duffield, and Council Member Muldoon noting "no" votes on
Item 4, Mayor O'Neill noted that it appears that Item 4 would pass on a 4-3 vote, with Mayor Pro Tem
Avery, Council Member Brenner, Council Member Dixon, and Council Member Herdman voting "yes."
An unidentified speaker urged Council to protect residents by supporting Item 4.
Jim Mosher, addressing Item 4, believed an item should not be placed on the consent calendar if there
is dissension. Regarding Item 9 (Approval of a Purchase Agreement with Halcore Group, Inc., DBA
Leader Industries for the Purchase of Rescue Ambulances (C-8003-3)), he discussed the Council Policy
for replacing ambulances, the mileage and years of service for the existing ambulances, and the existing
ambulances not providing the anticipated level of performance.
Nancy Scarbrough supported Item 4 and, regarding Item 9, inquired whether Council has explored
installing the existing ambulance bodies onto new chassis, which could provide a substantial'savings.
Nancy Alston believed Item 4 should authorize code enforcement officers to have vehicles towed.
Regarding Item 9, Fire Chief Boyles reported that the manufacturers of the existing and new ambulance
bodies are different, City mechanics recommend moving to a Freightliner ambulance when the existing
ambulances reach 100,000 miles, and it takes about a year to receive new ambulances.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 13, 2020 City Council Regular 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.
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ORDINANCES FOR ADOPTION
3. Pulled from the Consent Calendar
4. Ordinance No. 2020-26: Short Term Lodging Amendments to Chapter 5.95 (PA2020-048)
[100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and
15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2020-26, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Portions of Chapter 5.95 of the Newport Beach
Municipal Code Relating to Short Term Lodging.
Mayor O'Neill, Council Member Duffield, and Council Member Muldoon noted "no" on,
Item 4.
CONTRACTS AND AGREEMENTS
5. 2019-2020 Playground Improvements Project — Notice of Completion for Contract
No. 7737-1 (20P01) [381100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
6. Community Room Audio -Visual Improvements — Notice of Completion of Contract
No. 7817-1 (19F02) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
7. Central Library Chiller Maintenance and Condenser Replacement/Relocation — Notice of
Completion of Contract No. 7776-1 (20F02) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
projec'u;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
8. Bonita Canyon Drive and Ford Road Pavement Rehabilitation — Notice of Completion for
Contract No. 7588-2 (19R22) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
9. Approval of a Purchase Agreement with Halcore Group, Inc., DBA Leader Industries for
the Purchase of Rescue Ambulances (C-8003-3) [38/100-2020]
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;
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b) Waive City Council Policy F-14; and
c) Approve a Purchase Agreement with Halcore Group, Inc., DBA Leader Industries for a total not
to exceed amount of $980,977.67 for the purchase of three rescue ambulances.
10. Ocean Piers Condition Assessment Study — Approval of Professional Services Agreement
with COWI North America, Inc (17H03) (C-7884-1) [381100-20201
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 COWI North America, Inc. (COWI) of Long
Beach, California, for the Ocean Piers Inspection project at a not -to -exceed price of $177,647,
and authorize the Mayor and City Clerk to execute the agreement.
11. Compressed Natural Gas (CNG) Fueling Facilities — Rejection of All Bids for Contract
No. 7876-1 (20F14) [38/100-,9020]
Reject all bids received for Contract No. 7876-1.
MISCELLANEOUS
12. Planning Commission Agenda for the October 22, 2020 Meeting
Receive and file.
13. Budget Amendment to Accept a Check from the Newport Beach Public Library
Foundation and Appropriate Funds to the Library's Fiscal Year 2020-21 Maintenance and
Operation Budget [100-20201
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 21-013 to increase revenue estimates by $88,000 in Account
0106051-511085 (Library Foundation Donations) and to increase expenditure estimates by the
same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy
Services).
Motion by Mayor Pro Tem Avery, seconded by Council Member Muldoon, to approve the
Consent Calendar, except for the item removed (Item 3); and noting the "no" votes by Mayor O'Neill,
Council Member Duffield, and Council Member Muldoon on Item 4, and amendments to Item 1.
The motion carried unanimously.
Council Member Dixon requested a future agenda item to consider reviewing the Newport Beach
Municipal Code to strengthen short-term lodging (STL) enforcement.
Council Member Brenner requested a future agenda item to review STL transferability provisions.
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
3. Ordinance No. 2020-25: Designating Portions of 61St and Lancaster Streets in Newport
Shores as One Way Streets [100-20201
Council Member Herdman advised that he spoke to residents in Newport Shores regarding the
recommendation to make some streets one-way, that he discussed the same with the City Manager,
and that he wanted to ensure the traffic division was involved in the recommendations.
Public Works Director Webb understood that the item was originated by the homeowners
association for Newport Shores, noted staff conducted community outreach, stated the one-way
segment is located between Coast Highway and Coast Boulevard, advised that the traffic division
supports the recommendation, and indicated Council can change it back if there are issues.
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Motion by Council Member Herdman, seconded by Mayor Pro Tem Avery, 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) conduct second reading and adopt
Ordinance No. 2020-25, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Section 12.52.060 of the Newport Beach Municipal Code to Designate Portions of Streets
as One -Way Traffic Only.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Chad Kroeger noted concerns regarding voter fraud, the potential that residents will not vote in the
Presidential election, and listed people's votes for President that he polled.
J.T. Parr listed additional people's votes for President.
Strider Wilson listed his fellow valet's votes for President.
Max Johnson noted, in the last few months, there has been an increase in businesses that are operating
picnic -services on the beach, believed these businesses do not have business permits, and asked staff to
follow up.
XVIII. CURRENT BUSINESS
14. Ordinance No. 2020-27: Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code)
of the Newport Beach Municipal Code and Other Related Provisions [100-20201
Council Member Duffield recused himself due to business interest conflicts.
City Harbormaster Borsting utilized a presentation to discuss the background of the proposed
amendments, live-aboards, public outreach, Harbor Commission recommendations, and standards
for anchorages.
In response to Council questions, City Harbormaster Borsting indicated Marine Activity Permits
(MAP) will be presented to Council at a later date, requirements for live-aboards will also apply to
vessels in the anchorage, live-aboards in commercial marinas will be subject to City standards for
sanitation and operations, a vessel traversing the Harbor is not subject to a dye tablet test, an
offshore mooring permittee, an anchorage user, and an offshore mooring sub -permittee are subject
to City standards, and a vessel that does not allow a dye tablet test will be asked to leave the Harbor.
In response to Mayor Pro Tem Avery's questions, Harbor Commission Chair Kenney stated that the
Harbor Commission has been working on this for two years, the Harbor Commission has worked
closely with marine operators, the recommendations will not impose restrictions on a commercial
marina operator, and each commercial marina operator will set its own limit.
Jim Mosher believed the provisions for live-aboards will not do what they claim to do, the definition
of live -aboard is too specific, and provisions unrelated to live-aboards are not well thought-out.
Mike Glenn did not understand why the City needs to know who is using the Harbor and believed
this is an intrusion by government.
Harbor Commission Chair Kenney clarified that the Harbor Department needs to know who lives
aboard the vessels for safety and security reasons.
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Council Member Muldoon agreed that the Harbor Department does not need to know who lives on
their boats, but emphasized that knowing what is discharged into the Harbor will benefit public
health and protect the Harbor from pollutants.
Motion by Mayor Pro Tem Avery, seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2), 15060(c)(3) and 15321 of the CEQA Guidelines because this action will not result in a
physical change to the environment, directly or indirectly; and b) waive full reading, read by title
only, introduce Ordinance No. 2020-27, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code) of the Newport
Beach Municipal Code and Other Related Prouisions, and pass to second reading on November 10,
2020.
With Council Member Duffield recusing himself, the motion carried 6-0.
15. Update on Homeless Strategies [100-20201
Homeless Coordinator Basmaciyan used a presentation to discuss City actions, success stories,
actions the City cannot take, and next steps.
In response to Council questions, Homeless Coordinator Basmaciyan indicated the number of
homeless people at Newport Pier increased slightly over the summer, people are experiencing
homelessness in a shorter timeframe, and determining the number of people living in cars is
difficult. Assistant City Manager Jacobs stated that enforcing a prohibition against sleeping in a
public space would be incredibly difficult, sleeping on a park bench or at the beach is not an illegal
activity, the City of Costa Mesa anticipates opening the shelter in March 2021, and at that point,
the City can enforce anti -camping laws more strongly and move people into the shelter. Homeless
Coordinator Basmaciyan noted that a few people experiencing homelessness have moved to Newport
Beach to be closer to jobs, and that income, connections to Newport Beach, and other factors will
determine eligibility for affordable housing. She also displayed a slide to list good giving and
community resources for donations.
In response to Council questions, Homeless Coordinator Basmaciyan advised that staff is exploring
a proposal for a City version of Project Roomkey. Assistant City Manager Jacobs added that
Community Development Block Grant (CDBG) funding could be used for the proposal. Homeless
Coordinator Basmaciyan estimated at least half of the homeless population has deep ties to Newport
Beach while the remaining half had a tie to Newport Beach, stated defining residency for
homelessness is difficult, and reported if staff or City Net can identify a tie to another city or state,
they try to reunify the homeless person with family members.
Mayor O'Neill commented that the difference between now and 1.5 years ago is extraordinary,
commended Homeless Coordinator Basmaciyan, who is also the City's Employee of the Year, for
making a difference, and noted the tenor of public comments has changed.
Mayor Pro Tem Avery added his thanks to Homeless Coordinator Basmaciyan and Assistant City
Manager Jacobs, indicated taking care of people who are really struggling makes the City great, and
noted the City has a plan to move forward.
19. Coronavirus (COVID-19) Update [100-2020]
City Manager Leung utilized a presentation to discuss the California Blueprint for a Safer Economy,
Orange County's trend in cases, positivity rate, the health equity metric, and tiers for surrounding
counties and their effects on Orange County.
Mayor O'Neill explained that the difference between 4.6 and 5.1 cases per thousand equates to about
16 additional people testing positive per day in a county of 3.2 million people.
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Council Member Brenner noted that Dr. Thomas Cesario, a world-famous infectious disease specialist,
gave a lecture as part of the Library's Medicine in Our Backyard series, indicated that the lecture is
available online, and commented that Dr. Cesario is a common-sense physician.
Mayor O'Neill indicated the public can see how each zip code in Newport Beach has been doing on the
metrics by going to the Orange County Public Health Department website, but noted that the
population of each area should be considered as well.
City Clerk Brown reported on the days and hours of operations and locations for vote centers and drop
boxes for the November 3, 2020 General Municipal Election, COVID-19 protocols for vote centers, and
noted that more information is available at newportbeachca.gov/2020election.
Council Member Dixon added that voters can track their ballots through the Orange County Registrar
of Voters website.
XX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT — Adjourned at 6:20 p.m. in memory of John Stahr
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 22, 2020, at 4:00 p.m.
Will O'Neill
Mayor
M
Leilani I. Brown Lt,
City Clerk
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