HomeMy WebLinkAbout01 - MinutesJuly 12, 2022
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
June 28, 2022
I. ROLL CALL - 4:04 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
II. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Mayor Muldoon stated that he met with Girl Scout Troop 4288 and expressed thanks for the education
they provided about Monarch butterflies and invasive plants impacting the ecosystem.
Jim Mosher questioned the reason for the Closed Session item, s sted including it on the agenda for
public discussion, and noted a personal interest.
Bill McIntyre expressed concern for safety and health �'pox'W
and shared a home invasion
experience at his Irvine Terrace residence.
Mayor Muldoon expressed that the community needs T-o hear abouT safety concerns, extended an
invitation for further discussion, and noted the str'o� usness of the issue.
John Solis discussed the Flock Safety camera system for City ebuncil consideration.
y
Michael Sun discussed bringing Michelinir W � ld's.50 Best restaurants into Newport Beach.
City Attorney Harp announced 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1201 Dove Street, Newport Beach, California (APN 427-221-06).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Parke Miller.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
IV. RECESSED — 4:18 p.m.
V. RECONVENED AT 4:43 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
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VII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
VIII. INVOCATION — Reverend James Pike, Lutheran Church of the Resurrection, Huntington
Beach
IX. PLEDGE OF ALLEGIANCE — Council Member Duffield
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the Corona del Mar Residents Association (CdMRA) meeting and Peninsula Fire Station
No. 2 Grand Opening
• Announced Fourth of July parades and Ben Carlson Day on July 6, 2022
Council Member Duffield:
• Announced Fourth of July harbor activities
Council Member Dixon:
• Attended the Peninsula Fire Station No. 2 Grand Opening and Orange County Council of
Government (OCCOG) meeting on June 23, 2022 AV
• Announced the July Fourth family parade on the Peninsula, a Town Hall meeting on July 19, 2022,
an Aviation Committee meeting on July 18, 2022, and wished everyone a happy and safe Fourth of
July A1910k
Council Member Brenner:
• Attended the Opening may ceremony=he Junior Lifeguard Program, thanked the Lifeguard
Operations Division, for organizing the event and for their assistance during the thunderstorm, and
attended the Newport Island commu4ity picnic along with Council Member Dixon
• Requested a future agenda item to allow for a discussion of how other cities in the State are
regulating homes being sold with fractional deed ownership, and whether free speech activities by
private citizen groups, such as the posting of signs in response to this form of ownership, have
impacted businesses s4ch as Pacaso
Council Member Avery:
• Attended the Orange County Sanitation District (OCSD) Board of Directors meeting and Peninsula
Fire Station No. 2 Grand Opening
Mayor Pro Tem Blom:
• Attended the Opening Day ceremony for the Junior Lifeguard Program, Sculpture Exhibit opening,
and Peninsula Fire Station No. 2 Grand Opening
Mayor Muldoon:
• Utilized a presentation to announce the July Fourth events throughout the City, the Peninsula Fire
Station No. 2 Grand Opening, and the birth of his daughter, Taylor Ann Muldoon
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider whether the City should adopt any additional local regulations related to
electric bikes [Council Member Dixon]
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Council Members Avery, Brenner, Dixon, Duffield, and O'Neill concurred to bring the matter back
at a future meeting.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Dixon addressed Item 17 (Confirmation of Appointments to the Aviation Committee)
and announced that the District 1 seat remains open and interested parties can submit an application.
Regarding Item 17, Dennis Bress clarified that District 1 represents the Peninsula and recognized the
City's efforts to hold the County accountable for flight departures.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 14, 2022 City Council Meeting [100-20221
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under considera on and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION Id
3. Ordinance No. 2022-14: Eastbluff Preferential Parking Zone Revisions [100-20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of tW 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. 2022-14, An Ordinance of the City Council of
the City of Newport Beach, California,IAmending Section 12.68.060(C) of the Newport Beach
Municipal Code To Remove Certain Streets from the Preferential Parking Program in Zone 'Y"
Eastbluff. 10
4. Ordinance No. 2022-15: Approving a Military Equipment Use Policy for the Newport
Beach Police Department [I00-20221
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) Conduct second reading and adopt Ordinance No. 2022-15, An Ordinance of the City Council of
the City of Newpor�—Beach, California, Approving a Military Equipment Use Policy for the
Newport Beach Police Department.
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2022-44: Adopting a Memorandum of Understanding with the Newport
Beach Police Management Association (NBPMA) and Associated Salary Schedule
(C-2932) [381100-20221
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. 2022-44, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach and
the City of Newport Beach Police Management Association and Amending the Associated Salary
Schedule; and
c) Approve Budget Amendment No. 23-005 appropriating $177,877 in increased expenditures in
various City division salary and benefit accounts from unappropriated General Fund balance.
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6. Resolution No. 2022-45: CalRecycle Grant Funding and Approval of Amendment
No. Three to On -Call Professional Services Agreement with EcoNomics, Inc. for Solid
Waste Consulting Services (C-8478-1) [381100-20221
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. 2022-45, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Application(s) for All CalRecycle Grants for Which the City
of Newport Beach is Eligible for Five (5) Years;
c) Accept a CalRecycle SB 1383 Local Assistance grant award in the amount of $122,038; and
approve Budget Amendment No. 23-002 to increase revenue by $122,038 in the CalRecycle grant
account, 0108051-431490-G2280 and to increase expenditure appropriations by the same
amount in the Refuse Professional Services account, 0108051-811008-G2280; and
d) Approve Amendment No. Three to On -Call Professional Services Agreement with EcoNomics,
Inc. for consulting and staff support services to assist the City with management of the City's
Solid Waste program.
CONTRACTS AND AGREEMENTS
7. Pulled from the Consent Calendar
8. Approval of Amendment No. Three to On -Call Professio Services Agreement with
RJM Design Group, Inc. (Contract No. 8167-1) for Peninsula Gateway Improvement
Project Design [381100-20221
a) Determine this action is exempt from alifornia Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. Three to the On -Call Professional Services Agreement with
RJM Design Group, Inc. to add additional services, increase the total not -to -exceed amount by
$69,910 for a total not -to -exceed amount of1$189,910 and extend the term to June 30, 2023; and
c) Authorize the My and City Clerk to execute the agreement.
9. Approval of Professional Services Agreement with Anchor QEA, LLC for Regional
General Permit (RGP-54) Sediment Suitability Characterization (C-8896-1) [381100-20221
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 arphysical change to the environment, directly or indirectly; and
b) Approve Profession�Services Agreement with Anchor QEA, LLC, for Regional General Permit
Sediment Suitability Characterization for a total amount of $324,553, and authorize the Mayor
and City Clerk to execute the agreement.
10. Pulled from the Consent Calendar
11. Professional Services Agreements for Building and Fire Prevention Related Services
[381100-20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve and authorize the Mayor and City Clerk to execute a three-year Professional Services
Agreement with The Code Group, dba VCA Code (C-8507-1A), for a not -to -exceed amount of
$900,000; and
c) Approve and authorize the Mayor and City Clerk to execute a three-year Professional Services
Agreement with JLee Engineering, Inc. (C-8507-7), for a not -to -exceed amount of $360,000.
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12. Approval of a Professional Services Agreement with Wittman Enterprises, LLC., to
Provide Emergency Medical and Ambulance Billing Services (C-8076-3) [381100-20221
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 five-year Professional Services Agreement with Wittman Enterprises, LLC., to
provide emergency medical and ambulance billing services at a not to exceed amount of $950,000
for the term of the agreement and authorize the Mayor and City Clerk to execute the agreement.
13. Award of Contracts to Moss Adams LLP, Sjoberg Evashenk Consulting Inc.,
TAP International Inc., and Macias Gini & O'Connell LLP for Internal Audit Services
[381100-20221
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 and City Clerk to sign four, five-year term contracts for $250,000 with
Moss Adams LLP (C-8897-1), Sjoberg Evashenk Consulting Inc. (C-8897-2), TAP International
Inc. (C-8897-3), and Macias Gini & O'Connell LLP (C-8897-4) to perform internal audit services
work.
14. Temporary Employment Agreement with F ENpl Anne Donnelly (C- 8711-2)
[381100-20221
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 Temporary Employment Agreement with former employee Anne Donnelly, who
retired on December 19, 2020, to fill the position of Police Dispatcher - P/ T until all vacancies
have been filled and autho ' the City Manager to execute the agreement.
MISCELLANEOUS
15. Confirmation of Voting Delegate an Alternates for the 2022 League of California Cities
Annual Conference — September 7, 2022 to September 9, 2022 [100-20221
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) Designate CouncilWember Joy Brenner to be the Voting Delegate and Mayor Kevin Muldoon
and Council Member Will O'Neill to be the Alternate Voting Delegates at the League of
California Cities Conference; and
c) Direct the City Clerk to complete and submit the designation form to the League of California
Cities.
16. Confirmation of Annual Citizen Member Appointments to the Finance Committee
[241100-20221
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) Confirm the following reappointments to the Finance Committee: (1) Council Member Will
O'Neill, who will serve as Chair, (2) Mayor Pro Tem Noah Blom, (3) Council Member Brad Avery,
(4) John Reed based upon Mayor Kevin Muldoon's recommendation, (5) Nancy Scarbrough based
upon Council Member Joy Brenner's recommendation, (6) Joe Stapleton based upon Council
Member Diane Dixon's recommendation, and (7) William Collopy based upon Council Member
Duffy Duffield's recommendation.
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17. Confirmation of Appointments to the Aviation Committee [241100-20221
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) Confirm Council Member Brad Avery's reappointment of Sharon Ray as the District 2 Member
on the Aviation Committee for a term expiring June 30, 2028;
c) Confirm Mayor Kevin Muldoon's reappointment of Ron Rubino as the District 4 Member on the
Aviation Committee for a term expiring June 30, 2028;
d) Confirm Council Member Joy Brenner's reappointment of Jeffrey Cole as the District 6 Member
on the Aviation Committee for a term expiring June 30, 2028;
e) Confirm Mayor Kevin Muldoon's reappointment of Jack Stranberg as the At -Large Member on
the Aviation Committee for a term expiring June 30, 2028; and
f) Direct the City Clerk to continue receiving applications for the District 1 Member and Newport
Coast Resident Member seats on the Aviation Committee.
Motion by Mayor Pro Tem Blom seconded by Council Member Dixon, to approve the Consent
Calendar, except the items removed (Items 7 and 10); and noti e amendments to Item 1.
The motion carried unanimously. -
XV. ITEMS REMOVED FROM THE CONSENT CAL1A
7. Newport Pier and McFadden Plaza Area Rehabilitation (Project No. 22T12) -Approval of
Professional Services Agreement with SWA Group (C-8712-2) [381100-20221
Council Member Brenner expressed concern for moving forward when there was low community
input and direction on this matter.
Mayor Pro Tem Blom compared the public involvement of the Peninsula Fire Station No. 2 project
to this item, noted that this is the first step in a Citywide assessment of areas needing rehabilitation,
and commended the P blic Works Department for taking on the project.
Council Member Dixon noted the is intended for conceptualization and forthcoming public
discussion oppoIunities.
Motion by Council Member Dixon, seconded by Council Member Brenner, to a) determine
this action is exempt f(om 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 SWA Group of Laguna Beach, California, for the Newport Pier and McFadden Plaza Area
Rehabilitation project at a total not -to -exceed price of $198,500, and authorize the Mayor and City
Clerk to execute the Agreement on a form approved by the City Attorney.
The motion carried unanimously.
10. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot (Project No. 15T09) - Reject
All Bids for Contract No. 8020-6 [381100-20221
Mayor Muldoon recused himself due to potential business interest conflicts.
Council Member Brenner referenced the Blue Cross Bridge in Millennium Park in Chicago and
suggested creating partnership opportunities with a health care operation and the Arts Commission
to address the high bid costs.
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Motion by Council Member Brenner, seconded by Council Member Dixon, to a) reject all
bids received for Contract No. 8020-6 and direct staff to return all bidders bonds; and b) direct staff
to review and value engineer the design plans, and re -advertise the Superior Avenue
Pedestrian/Bicycle Bridge and Parking Lot project for construction.
With Mayor Muldoon recusing himself, the motion carried 6-0.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher encouraged Newport Beach residents to consider running for a City Council position in the
November 2022 election and noted the nomination period begins July 18, 2022.
An unidentified speaker expressed his opinion relative to Item 4 (Approving a Military Equipment Use
Policy for the Newport Beach Police Department).
Adam Vanar expressed concern over safety and increased crime on Fairhill Drive and requested
assistance from the City. �
Kim Storm expressed concern over safety and increased crime on Fairhill Drive.
Taylor Storm expressed concern over safety on Fairhildid requestdoAsistance from the City.
Brittany Barkley expressed concern over safety Fairhill Drive.
Tom Hunter relayed his experience on Fairhill Drive and requested assistance from the City.
Dennis Bress encouraged residents to sign up for The Week In Review newsletter and suggested adding
the American Rescue Funds award and uaes to the }iewsletter.
In response to Council Member Brenner's questions, City Manager Leung noted the use of Code
Enforcement, the Police Department, and the Be Well Orange County Mobile Crisis Response Team to
respond to the Fairhill rive safety concernd noted that Deputy Police Chief Rasmussen would be
the point of contact. I
Mayor Muldoon advrsepd the resi is on civil restraining orders.
XVII. PUBLIC HEARINGS
18. Ordinance No. 2022-16: Amendment to The Tennis Club at Newport Beach Development
Agreement No. DA2022-001 (PA2022-038) (C-5068) [381100-2022]
Community Development Director Jurjis and Principal Planner Ung utilized a presentation to
review the vicinity map, original Development Agreement, 2012 site plan, and the Development
Agreement amendment.
In response to Mayor Muldoon's questions, Principal Planner Ung clarified that the amendment to
the project triggered the reconsideration of the Development Agreement and provided for the need
for a short extension. Community Development Director Jurjis added that the amendment provides
the City time to process the application and the original submission is not part of the approval.
In response to Council Member Dixon's question, Community Development Director Jurjis clarified
that the project plan has not been shared as a public item, is undergoing CEQA analysis, and while
unrelated to the Housing Element, it is related to The Tennis and Pickleball Club site and will be
brought to the Planning Commission and City Council upon revision completion.
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Council Member O'Neill expressed his opinion that Development Agreement extensions are not a
good idea, noted the statistical effects of the Greenlight Charter, relayed concern that no
development has occurred over the past 10 years, indicated that the pickleball courts will not be
saved if the amendment does not pass, and referenced the Hoag Hospital Development Agreement
extension.
Mayor Muldoon opened the public hearing.
Robert O Hill, Golf Realty Fund, provided an overview of the project development process.
Sean Abdali, owner of The Tennis and Pickleball Club at Newport Beach, noted a passionate
membership and project support from Eagle Ford and most members.
Ryan Farsai expressed support for the amendment.
Dennis Bress shared an experience at a birthday party al The Tennis and Pickleball Club,
commended the operator, noted the revenue generated f a tournament, and supported the
project.
In response to Council Member Dixon's questions, Mr. Abdali relayed that The Tennis Club is a
private club with membership requirements; Principal Planner Ung noted residential units and
clubhouse construction public benefit fees; and Community Development Director Jurjis clarified
that Council's discretion for fund allocations are typically placed in Facilities Finance Plan (FFP)
accounts. 4P
In response to Council Member O'Neill's questions, Principal Planner Ung and Community
Development Director Jurjis indicated that all entitlements would disappear with a lapse in the
Development Agreement and would require a new application to be filed with the original and new
project terms, noted the 2012 agreement terms and conversion factor memorialized through the
Development Agreement, outlined the amended project scope to add one tennis court and 14 hotel
units, and converting three residential units to condos, and relayed the project is subject to a new
discretionary hearipg and environmentalstudy and that the amendment will preserve the existing
entitlements.
Mayor Pro Tem Blom expressed confusion over the project changes and, in response to his
questioning, Robert O Hill discussed that the Development Agreement was approved 10 years ago,
there is public oppositVn to placing apartments over the tennis property, the amendment is related
to the former co-ownersLmisunderstanding of the sale terms, stated the tennis clubhouse, fitness
center, and site plans have completed plan checks with the City and require building code
improvements, and noted the benefits to the community.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Mayor Muldoon, seconded by Council Member Dixon, to a) find all significant
environmental concerns for the Approved Project have been addressed in a previously approved
Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) and an Errata to Mitigated
Negative Declaration No. ND2010-008 (together referred as "MND"), and that the City of Newport
Beach intends to use said document for the proposed First Amendment to Agreement, and further
that there are no additional reasonable alternative or mitigation measures that should be considered
in conjunction with the First Amendment to Agreement; and b) waive full reading, direct the City
Clerk to read by title only, introduce Ordinance No. 2022-16, An Ordinance of the City Council of
the City of Newport Beach, California, Amending the Development Agreement Between the City of
Newport Beach and Golf Realty Fund (PA2022-038), and pass to second reading on July 12, 2022.
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In response to Council Member Dixon's questions, Robert O Hill confirmed that the plan checks
apply to the amended plan. Community Development Director Jurjis stated that about half of the
project plans can be used for the amendment and the remaining parts will require additional
information, a permit was submitted to the City for review on several occasions, and the
Development Agreement expires in September 2022.
Mayor Muldoon noted the support of the people through a vote, commended the Club's preservation
efforts, indicated that the California Coastal Commission (CCC) likes the public use of the
bungalows, and expressed interest in not wasting investments.
In response to Council Member O'Neill's question, Principal Planner Ung and Community
Development Director Jurjis confirmed that no Greenlight vote took place on this matter.
With Council Member O'Neill voting "no," the motion carried 6-1.
19. 2022 Drinking Water Quality Report on Public Health Goals 1100-20221
Utilities Director Vukojevic reviewed the 2022 drinking water quality report on public health goals,
indicated that the water meets all State, County, and local health standards, and noted no
additional measures are being recommended. 0
Mayor Muldoon opened the public hearing.
Jim Mosher indicated that, while he believes the water is safe, contaminants are included in the
report and proposed a comparison to bottled water be conducted.
Dennis Bress noted the benefits of automated wate?Wters, suggested including the underground
aquafer replenishment system in The Week In Review, recommended the community watch the
water presentation by Utilities Director Vukojevic, and encouraged everyone to conserve water.
Mayor Muldoon recognized Utilities Directo Vukojevic for his work with recycled water.
Utilities Director Vukojevic noted that Item 23 (Declaring No Surplus Water and a Level Two Water
Supply Shortag) will address the drought and current water situation, and reported that bottled
water is regulat6d through the Food and Drug Administration (FDA) whereas City water is subject
to Environmental Protection Agency (EPA) requirements.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Mayor Muldoon, seconded by Council Member 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) receive and file City of Newport Beach 2022 Drinking
Water Quality Report on Public Health Goals.
The motion carried unanimously.
XVIII. CURRENT BUSINESS
20. Tustin Avenue Trial Street Closure [100-20221
Public Works Director Webb and City Traffic Engineer Brine utilized a presentation to highlight
the location map and display photos, the Newport Heights study area and trial closure data, resident
input, considerations and recommendation.
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In response to Mayor Muldoon's question, City Traffic Engineer Brine indicated that one-way streets
are communicated through street signage and road markings, and discussed challenges with
additional provisions at Tustin and Ocean View Avenues.
Mayor Pro Tem Blom supported a trial closure at the bottom of Tustin Avenue to keep it a part of
the Newport Heights area and noted challenges related to Tustin Avenue being its own
neighborhood if the roadway closed completely.
Dan Boyd thanked staff on the research done, opposed a full closure of Tustin Avenue, and suggested
public notice include Newport Heights and Cliff Haven.
Carrie Slayback thanked the City Council and staff for returning her call, supported reopening
Tustin Avenue, and asked the City Council to follow staffs recommendation.
An unidentified speaker supported restoring Tustin Avenue to its original traffic pattern and
suggested placing a stop sign on Tustin Avenue and Cliff Driv , as well as adding a double line on
Riverside Avenue and Tustin Avenue between Cliff Drive a lay Street.
Robert Clark expressed safety concerns on Tustin Ave&ue and utilized a presentation to review an
area map to note a blind corner, display photos of Tustin Avenue, Riverside Avenue and Cliff Drive,
Riverside Avenue at Clay Street, and two automotile collisions. 14
Dale Falasco indicated that the data does not support`, changing Tustin Avenue.
Lynn Lorenz relayed traffic accident statistics tlast 10 years in Newport Heights and
surrounding roadways. I
Paula Castanon supported closing Tustin Aven e and noted safety concerns for pedestrian traffic.
Robert Crossley supported closing Tustin Av e.
John and Barbara Kraus posed closing -Tustin Avenue and discussed safety concerns on Riverside
Avenue.
Dave Leal discussed the report and supported closing Tustin Avenue for the benefit of the entire
neighborhood.
Gregg Schwenk suppo closing Tustin Avenue or creating a one-way traffic flow, and noted
pedestrian traffic.
Summer Anderson noted electric bike and construction traffic on Clay Street and requested safety
considerations for the entire neighborhood.
Sara D'Elia opposed closing Tustin Avenue and noted no safety issues while walking on Tustin
Avenue, but parking challenges on Riverside Avenue.
John Pearl opposed closing Tustin Avenue.
Rochelle Bowe suggested revisiting the traffic flow in the entire neighborhood.
Charles Klobe, President of Newport Heights Association, suggested using law enforcement and
battery operated signage to announce that trucks are prohibited on Tustin Avenue.
Brad Obelton expressed concern for safety.
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Jane Curel noted the increased traffic on Riverside Avenue and the burden on other streets with
street closures.
Peter Helfrich supported the Tustin Avenue closure and noted safety concerns.
Carolyn Clark supported the Tustin Avenue closure.
Sue Leal described challenges related to backing out of front -loading homes on Tustin Avenue.
Jim Mosher clarified that development on the upper part of Newport Heights north of Cliff Drive
occurred in 1907 and the City Council approved the lower part in 1946.
Frank King supported the Tustin Avenue closure and expressed sympathy for neighboring roads.
Tammy Matsunami urged the City Council to follow staff's recommendations to reopen Tustin
Avenue. 40
Mayor Muldoon indicated that he does not support a permanent street closure at the top of Tustin
Avenue, expressed the opinion that more can be done, and could support one-way traffic flow.
Council Member Dixon suggested installing sidewalks for a safety enhancement and Public Works
Director Webb indicated a 5-6 foot right -of -away from the curb. Council Member Dixon suggested
eliminating the left turn option at Cliff Drive and Tustin Avenue and Public Works Director Webb
indicated that cars do not need to move for street sweeping for most of Newport Heights. Council
Member Dixon suggested that staff return to the City council with guidance on the viability of
closing the bottom of Tustin Avenue, adding sidewalks, and opening the top portion but limiting left
turns onto Cliff Drive, and asked for give-and-take from the City and residents.
Council Member Brenner noted traffic challenges in Corona del Mar, concern for safety in Newport
Heights, and advocated for solutions that keel Newport Heights less traveled. Furthermore, she
expressed concern for the traffic on River Drive and suggested an extra lane be added on Pacific
Coast Highway to address vehicles turning onto Newport Heights during high traffic volume.
Council Member Brenner stated that she could support every possible solution for preventing
Newport Heigh Vin becoming a thoroughfare.
Council Member Duffield stated that 100 percent of the residents need to support the closure on
Tustin Avenue for hiXi to endorse it, expressed interest in alternative solutions, noted safety
concerns, and indicated`ke would like staff to keep working towards a solution.
In response to Council Member Dixon's question, Deputy Chief Rasmussen described traffic
enforcement efforts for electric bike activity and vehicular traffic on Riverside Avenue and the
Pacific Coast Highway corridor, indicated his awareness of traffic issues, and agreed to determine
if signage is posted prohibiting commercial truck traffic.
In response to Council Member Brenner's question, City Traffic Engineer Brine clarified that posted
truck restriction signage is enforceable and Public Works Director Webb indicated that trucks
delivering to local residence are not enforceable.
Motion by Mayor Muldoon, seconded by Council Member Dixon, 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) direct staff to remove the temporary barricades on the
north end of Tustin Avenue at Cliff Drive, returning the roadway to its prior condition, and reopen
the roadway to vehicular traffic; and c) direct staff to come back to the City Council with more
options to help alleviate traffic issues.
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June 28, 2022
Council Member Avery addressed safety issues related to speeding vehicles, noted that accidents
will happen until a solution is found to driving responsibly in neighborhoods, and suggested working
with law enforcement and adding speed bumps so cars drive slower.
Public Works Director Webb reported that the data does not reveal a speeding problem on Tustin
Avenue, opposed installing speed bumps on Tustin Avenue because of the hill, and recognized
possible issues independent of speed.
In response to Mayor Muldoon's comment and suggestion, Public Works Director Webb concurred
with using a traffic trailer with speed guns and signage in residential neighborhoods and City Traffic
Engineer Brine opposed edge line striping. Mayor Muldoon received no objection from the Council
to remove the permanent structure at the top of Tustin Avenue.
Council Member O'Neill clarified that the motion would remove the closure on Tustin Avenue and
direct staff to return to the City Council with more suggestions to alleviate concerns on Tustin
Avenue. 14
In response to Council Member Dixon's question, Public Works Director Webb indicated that staff
can return in fall or September with alternatives. Council Member Dixon stated that by opening
Tustin Avenue at the top, relief is provided to neighboring streets while staff works on long-term
solution. 10
Council Member Brenner expressed concern for a longer scope, consideration for the Newport
Heights development on Mariners Mile, and community involvement.
Mayor Muldoon suggested using Tustin Avenue as a pilot program for slowing down traffic on other
streets as well.
In response to Council Member Dixon's qu n, Public Works Director Webb and City Traffic
Engineer Brine shared mixed success stories other cities working with Waze and Google Maps.
The motion carried unanimously.
Mayor Muldoon recessed the meeting at 7.45 p.m. and reconvened the meeting at 7.59 p.m.
with all members of the City Council in attendance.
21. Balboa Island Teak Woo&Bench Replacement Recommendation [100-2022]
Public Works Director Webb and Deputy Public Works Director Martin provided an overview of the
Balboa Island teak wood perimeter benches, the Parks, Beaches, and Recreation Commission Ad
Hoc committee work, community input and concession, and recommendations.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin confirmed
that the recommendation does not include a bench reduction on Marine Avenue. Public Works
Director Webb added that the recommendation addresses benches along the perimeter of Marine
Avenue and the opportunity for staff to work with the community to reduce benches in areas where
sidewalks are restricted.
In response to Council Member Brenner's question, Public Works Director Webb relayed community
notification of park bench maintenance terms by way of City literature, indicated that a divider
could be added to prevent misuse, and benches could be returned to their owners or used for
fundraising.
Council Member Avery commended staff and the Ad Hoc committee for using jatoba wood and noted
the maintenance involved with varnished wood.
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City Council Meeting
June 28, 2022
Mayor Pro Tem Blom indicated that the City will be providing for all the desired benches on Balboa
Island, recognized the Public Works Department for leaving benches in place that are in good
condition, expressed pride in the work by staff and the community, and stated the recommendation
is the best -case scenario.
Dennis Bress expressed appreciation for the Police Department volunteers directing electric bikes
and traffic at the Balboa Island Yacht Club, thanked the Parks, Beaches and Recreation
Commission Ad Hoc committee, and suggested a bench lifecycle management approach, a 1:1 bench
replacement, adding arm rests to the benches, and maintaining bench plaque locations on new
benches.
Jim Maloney, Balboa Island Preservation Association (BIPA) representative, applauded the work
by staff and the Parks, Beaches and Recreation Commission Ad Hoc committee, suggested 1:1 bench
replacement, opposed bench reductions, recommended a citizen -funded maintenance program, and
supported using jatoba wood.
Mayor Muldoon supported having as close to a 1:1 bench replacement as possible. Mayor Pro Tem
Blom concurred and supported the 60 benches indicated in the report.
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Motion by Mayor Pro Tem Blom, 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 the following Parks, Beaches and
Recreation Commission recommendations for replacing all the existing teak wood benches on Balboa
Island: i. remove the teak wood benches in two phases (depending on their current state of repair)
over the next couple of years and replace them with City purchased, unfinished jatoba wood benches,
on the condition the new benches will never be refinished, but rather remain in a natural state and
be allowed to grey with age, ii. direct staff to follow City Council Policy B-17 (Parks, Facilities and
Recreation Program Donations), no existing nor new donor plaques will be permitted on the
replacement benches, and iii. direct staff to use its best, reasonable efforts to contact the original
teak wood bench donors to offer the opportunity to receive the donated bench and/or plaque
(arrangements for any off -island pick-upTshipping will be the responsibility of the accepting party).
If donors cannot be reasonably located or are uninterested in having the donated item returned to
them, staff will explore options to have benches either donated to the Balboa Island Museum (for
display, fund raising Vftlmsale,etc.), auctioned off through a public surplus auction, or finally, just
disposed of.
In response to Couner Dixon's question, Mayor Pro Tem Blom believed that a separate
discussion is needed for existing bench maintenance and many years will pass before greying begins
on the wood.
The motion carried unanimously.
22. Annual Appointments to Boards and Commissions [241100-20221
City Clerk Brown reported that applicants must receive at least four votes to be appointed.
Rudy Svrcek expressed interest in being a Harbor Commissioner, shared related experiences,
supported the bay dredging, and requested Council support for his election.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Ash Kumra — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Laurel Tippett — Dixon
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City of Newport Beach
City Council Meeting
June 28, 2022
City Clerk Brown announced that Ash Kumra was appointed to the Board of Library Trustees for a
four-year term.
City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows:
Bill Caskey — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
J.R. Walz — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Bill Caskey and J.R. Walz were reappointed to the Building and
Fire Board of Appeals for four-year terms.
City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Wayan Kaufman — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Wayan Kaufman was reappointed to the City Arts Commission.
City Clerk Brown read the ballot vote for the Civil Service Board; s follows:
Sharon Wood — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Sharon Wood Iwas reappointed to the Civil Service Board for a
four-year term.
City Clerk Brown read the ballot votes for the Harbor CVission as follows:
Ira Beer — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Antonella Castro — Dixon —
Bill Peterson — Blom
Rudy Svrcek — Avery, Brenner, Duffield
Jordan Wachter — O'Neill, Muldoon
Don Yahn - v ry, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Ira Beer and Don Yahn were reappointed for four-year terms,
and a second vote was needed to fill the third seat.
City Clerk Brown reaV111cond ballot votes for the Harbor Commission as follows:
Antonella Castro — O'Neill
Rudy Svrcek — Avery, Blom, Brenner, Dixon, Duffield
Jordan Wachter — Muldoon
City Clerk Brown announced that Rudy Svrcek was appointed to the Harbor Commission for a
four-year term.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as
follows:
Hassan Archer — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
Diane Daruty — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill
City Clerk Brown announced that Hassan Archer and Diane Daruty were reappointed to the Parks,
Beaches and Recreation Commission for four-year terms.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
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City Council Meeting
June 28, 2022
Tristan Harris — Blom, Duffield, Muldoon, O'Neill
Debbie Stevens — Avery, Brenner, Dixon
City Clerk Brown announced that Tristan Harris was appointed to the Planning Commission for a
four-year term.
23. Resolution No. 2022-46: Declaring No Surplus Water and a Level Two Water Supply
Shortage [I00-2022]
Utilities Director Vukojevic utilized a presentation to review the drought conditions, rainfall levels,
reservoir levels, Colorado River, Hoover Dam, and Lake Mead storage levels, Orange County Water
District (OCWD) groundwater basin, groundwater replenishment system sound planning and smart
investments, level two actions, education and enforcement, rebates and incentives, and staff
recommendations.
In response to Council Member Avery's questions, Utilities Director Vukojevic indicated that the
Poseidon project will not be moving forward, and pointed o at the current supply methods are
dependent on rain levels and water recycling.
In response to Council Member Brenner's question ities or Vukojevic relayed that hand
watering is allowed during 9:00 a.m. and 5:00 p d in es exist for instant hot water
systems.
In response to Mayor Muldoon's statement, Utilities Director Vukojevic reported that Orange
County and the City uses less water than 20 years ago ands e City uses 25 percent less water today
than 20 years ago.
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Dennis Bress discussed the groundwater replenishment system in Huntington Beach and shower
water timer technology. go
In response to Council Member Dixon'sLue tion, Utilities Director Vukojevic relayed that the City
is looking at options to expand the purple lines/recycled water in public spaces, noted the benefits
of limiting shower duration, and confirmed shower head water emission limitations.
I
Motion by Couhcil Member O'Neill, seconded by Mayor 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 CEQ*Guidelines because this action will not result in a physical change to
the environment, direct'1•y or indirectly; b) adopt Resolution No. 2022-46, A Resolution of the City
Council of the City of Newport Beach, California, Declaring a Level Two Water Supply Shortage as
Mandated by the State Water Board; and c) direct staff to implement additional water conservation
public education and use restrictions to conserve water.
The motion carried unanimously.
XVIII. MOTION FOR RECONSIDERATION — None
XIX. ADJOURNMENT — 8:49 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
June 23, 2022, at 4:00 p.m.
Volume 65 - Page 349
City of Newport Beach
City Council Meeting
June 28, 2022
Leilani I. Brown
City Clerk
Kevin Muldoon
Mayor
Volume 65 - Page 350