HomeMy WebLinkAbout01 - MinutesSeptember 13, 2022
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
August 23, 2022
I. ROLL CALL — 4:05 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
Excused: Council Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Proclamation Recognizing International Literacy Day
Mayor Muldoon read the proclamation and presented it to Library Services Director Hartson
who summarized the benefits of the Project Adult Literacy program and introduced Jessica
Bass, President of the Project Adult Literacy Advisory Board, who announced the International
Literacy Day event on September 8, 2022, and invited the City Council and public to attend.
SS3. Proclamation Recognizing Hunger Action Month
Mayor Muldoon read the proclamation and presented it to Malia Cary, who stated that the
Orange County Hunger Alliance is committed to reducing food waste, ending poverty and
hunger, and providing access to healthy food for the vulnerable (feedoc.org/hungeractionmonth).
Regarding Item 18 (Construction of a Single -Fain ly Residence on Bay Island), City Attorney Harp
announced that the appeal was withdrawn.
Without objection, Mayor Muldoon moved Public Comments to earlier on the agenda.
III. PUBLIC COMMQTTS ON AGENDA AND NON -AGENDA ITEMS
Regarding Item 18, Clark Collins provided a handout of photos related to projects by architect Gilbert
Stanley Underwood, including 20 Bay Island, suggested that an error was made in not conducting a
historic evaluation of the pr9perty before exempting it from CEQA, explained the cooperative ownership
structure on Bay Island, challenges with accessing early ownership and building permit records, and
asked Council to preserve the property by directing staff to review the project for a second time and
conduct a historic evaluation.
Eric Spitz expressed concern regarding the operation of unlicensed short-term residential care facilities
and questioned why continued operation is permitted during the licensing process.
Laura Curran noted upcoming election forums, outlined efforts and challenges by residents to address
residential care facilities, questioned the status of hiring a lobbyist and legal representation to enforce
related ordinances, pursue legislation, and report facilities in violation, and asked Council to consider
the impact of these facilities to the community.
In response to Mayor Muldoon's questions, City Attorney Harp noted the City's concern for unlicensed
residential care facilities, interest in returning local authority to the City, and opportunities and
challenges related to State inspections and regulations. City Manager Leung indicated that a Request
For Proposal (RFP) to hire a lobbyist is underway.
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In response to Council Member Dixon's questions, City Attorney Harp relayed the City's enforcement
approach to pending State licenses if a business is diligently pursuing its license.
In response to Council Member Brenner's question, City Attorney Harp noted opportunities for code
enforcement, acknowledged the short window of time between applying and receiving State licensing,
and suggested further discussion be conducted outside of this Council meeting to identify a future
agenda item.
II. CURRENT BUSINESS - continued
SS4. Discussion of Current and Potential Regulations, Education and Outreach Related to
Electric Bicycles
Public Works Director Webb announced that Deputy City Attorney Meeks and Newport Mesa
Unified School District (NMUSD) Board Member Michelle Barto are in attendance, and Don
DiCostanzo, Pedego owner, wished to be in attendance. Principal Civil Engineer Sommers and
Police Lieutenant Little utilized a presentation to review State bicycle regulations, e-bike
classifications, City bicycle regulations, and a Police Department Traffic Division overview.
Ab L
In response to Council Member Dixon's questions, Police Lt. Little indicated that the Peninsula
Enforcement Team (PET) has moved to a different division, patrol car officers outside the traffic
division are deployed daily and address all enforcement matters, and PET deployment hours
depend on the time of year.
In response to Council Member Brenner's concern for Boardwalk Ambassador complaints and
effectiveness, Police Lt. Little discussed a slide that reports contacts and collision data and
stated the Boardwalk Ambassadors are an effective tool considering the decreased number of
collisions. AddlllhL
Police Lt. Little continued the presentation by sharing data of year-to-date bike collisions from
January 1 to Augu 10 between 2015 to 2022.
In response to Mayor Muldoon's question, Police Lt. Little noted a large increase in e-bikes and
public complaints over the I
ast year and a half.
In response to Council Member Dixon's questions, Police Lt. Little indicated that coding and
tracking can be instituted to segregate e-bike versus regular bike collision data and reported
minor injuries associated with bike collisions.
Police Lt. Little discussed Oceanfront Boardwalk collision data in 2021 and 2022 and Boardwalk
Ambassadors 2022 contact data for speeding bikes.
In response to Council Member Dixon's question about enforcement procedures for speeding
bikes, Police Lt. Little stated that, in collaboration with the PET, resources such as off -road
vehicles, radios, ticketing, and education are used for law enforcement and deterrent efforts.
Police Lt. Little continued by discussing education and enforcement efforts.
In response to Council Member Dixon's questions, Police Lt. Little noted types of bicycle fines,
City Attorney Harp stated that the California Vehicle Code limits the fine amount when imposed
through the municipal code, and Deputy City Attorney Meeks shared Vehicle Code fines and
limits. Police Lt. Little clarified that the role of the Boardwalk Ambassadors is not to stop bicycle
speeding, but seek voluntary compliance of the rules and provide education, noting that the
E-Bicycle Traffic Safety Operation data was for contacts on July 9, 2022 only.
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Police Lt. Little reviewed education and enforcement moving forward and Principal Civil
Engineer Sommers summarized the actions taken by other agencies, regulatory limitations,
potential actions, and additional considerations.
Mayor Muldoon requested a future agenda item to consider an educational forum hosted by
Pedego and sponsored by the City with police education resources and Pedego specialists.
In response to Council Member Dixon's questions, Police Lt. Little noted there were no reported
complaints or accidents associated with electric scooters or skateboards, and discussed similar
e-bike enforcement methods in Huntington Beach, collaboration efforts with other cities and the
Orange County Transportation Authority (OCTA) Committee, and bike club preparedness.
Council Member Dixon received confirmation from City Attorney Harp that scooters and
skateboards are prohibited from the boardwalk and Police Lt. Little clarified that the PET
enforcement approach is used for these.
In response to Council Member Brenner's question, Police Lt. Little noted that the contacts by
age group are dependent on the areas of the City and there are no citation statistics associated
with e-bikes and intoxication. Council Member Brenner suggested educational opportunities for
non -students and Mayor Muldoon concurred. ,
Kim Sentovich, Safety Chair for Harbor Council PTA, emphasized the need for parent
involvement, the active role of the PTA to provide consistent bike safety education and packaged
opportunities, and shared an updated statistical trauma sheet from the Children's Hospital of
Orange County (CHOC). A&
Jim Mosher suggested using the study session for discussion and leaving direction from Council
to a regular agenda item, expressed concern regarding bicycle licensing, and suggested using a
speed indicator on the boardwalk.
Ken Rawson observed a greater number of, e-bikes bringing children to Newport Elementary
School, noted more than half of all bicycles on the boardwalk are e-bikes, supported regulating
e-bike speed with enforcement through education and ticketing, and requested an audit of the
Boardwalk Ambassador program
Michelle Barto, NMUSD Board1resident, expressed her appreciation for the study session and
the Harbor Council PTA, acknowledged improved education and enforcement efforts, suggested
public reminders for bicycle traffic awareness when school is in session, and increased
monitoring two blocks from school areas.
Carmen Rawson supported making Newport Elementary School and Newport Harbor High
School (NHHS) a priority, noted speeding on the boardwalk during early morning hours,
expressed concern relative to the Boardwalk Ambassador contact tracking, noted an e-bike
accident in June 2022, and suggested providing picture signs and flyers for short-term lodging
guests and residents.
Cassidy, representing Pedego Electric Bikes, thanked Council and staff for their service and
reaffirmed their commitment to finding solutions by working together.
Maureen Cotton, Central Newport Beach Community Association, agreed with Council Member
Dixon regarding the deterrent effect of ticketing, opposed a speed trap location notification, and
concurred with comments regarding banning e-bikes on the boardwalk.
Council Member Dixon restated the recommendations by staff to update the website, provide a
downloadable brochure, focus on education, update the ordinance, offer a ticket diversion
program, and develop a resolution to advocate to the State to establish a minimum age
requirement for e-bike use. She requested a greater understanding of the data collection process
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and procedure of the Boardwalk Ambassadors, follow-up with visual graphics for boardwalk
signage, and expressed the opinion that the boardwalk is a promenade and not suited to be a
bike path.
Mayor Muldoon stated that Council Member Dixon's recommendations will likely be supported
by the majority of Council, pending review of the State submission.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles.
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Parke Miller.
I
Under Negotiation: Instruction to City Negotiators regarding pri nd terms of payment.
V. RECESSED - 5:40 p.m.
VI. RECONVENED AT 6:00 P.M. FOR REGULAR MEETING-
VII. ROLL CALL -ONT
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
Excused: Council Member Will O'Neill
VIII. CLOSED SESSION REPORT
W'
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Pastor Josh Hahne, Redeemer Presbyterian Church, Newport Beach
X. PLEDGE OF ALLEGIANCE - Mayor Muldoon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Announced that on August 16, 2022, Congresswoman Michelle Steel visited the Balboa Pier to
celebrate the sand replenishment funding award through the Army Corp of Engineers
Council Member Brenner:
• Utilized slides to announce a Town Hall Zoom meeting on September 22, 2022, at 5:30 p.m., an
Introduction to Gardening Course on Thursdays in September at Sherman Gardens, and a free
Document Shredding, E-Waste Disposal, and Organic Kitchen Pail Pick-up event on October 22,
2022, at 8:00 a.m. at the Big Canyon Reservoir parking lot
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Requested a future agenda item to consider a resolution from the City Council to the State
requesting they enforce all regulations related to residential care facilities
Council Member Avery:
• Welcomed NHHS mentee Alex Peschong
Mayor Muldoon:
• Utilized slides to show a photo of the sand replenishment funding award press release and announce
an Accessory Dwelling Unit (ADU) website and survey at newportbeachca.gov/adusurvey, a
Homeless Services Community Forum series, and a Meals -on -Wheels volunteer opportunity
• Requested a future agenda item to consider working together with Pedego to provide educational
programming at school sites, the Community Center, and OASIS Senior Center.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
At the request of Mayor Muldoon, City Manager Leung explained that, due to inflation, Resolution
No. 2022-52 (Item 3) provides a three percent adjustment for the remaining three years of existing
four-year bargaining group contracts, confirmed that the action was recommended by the Council Labor
Negotiating Subcommittee and supported by the entire City Council in closed session, and hedges the
inflation numbers over the contract duration. In response to Council Member Brenner's concern for
Police and Fire Department personnel, City Manager Leung noted retention issues throughout the State
and nation, and the hopes that the resolution will 'help mitigate this impact, as well as continued
monitoring by the Human Resources Department of vacancy factors and the ability to bring it back to
Council for review at any time.
Jim Mosher stated he was unaware of an *AdHoc Labor Negotiating Subommittee and suggested
informing the City Clerk so it can be included on the City website and expressed concerns over
transparency.
Wade Womack supported the wage adjustment for the City lifeguards in Item 15 and suggested a shift
differential pay be implemented for seasonal lifeguards and integration into the Harbor Department.
Carmen Rawson que'ned the reason by police officers are leaving the department and asked for
more transparency.
Ida Margaret Wolff ed ahandout, supported the lifeguards, sought permission to remove the
spikes from the Ben Carlson statue to protect seagulls, and suggested moving the Ben Carlson statue.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 26, 2022 City Council Meeting [100-2022]
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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2022-52: Approving Side Letter Agreements with the Labor Groups
Representing City Employees, Approving an Amendment to the Key and Management
Compensation Plan and Amending the City's Salary Schedules (C-2051, C-2056, C-2058,
C-2059, C-2060, C-2065, C-2932, C-2946, C-3362) [381100-2022]
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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. 2022-52, A Resolution of the City Council of the City of Newport Beach,
California, Approving Side Letter Agreements with the Labor Groups Representing City
Employees, Approving an Amendment to the Key and Management Compensation Plan and
Amending the City s Salary Schedule; and
c) Approve Budget Amendment No. 23-010 appropriating $891,835.80 to various salary and
benefit expenditure accounts from the unappropriated fund balance of various City funds.
4. Resolution No. 2022-55: Resolution of Intention to Conduct a Public Hearing to Grant
New Non -Exclusive Solid Waste Franchises) [421100-20221
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) Adopt Resolution No. 2022-55, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting
Non -Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises.
,Mk �&
5. Resolution No. 2022-53: Amending the Annual Parking Permit, Master Parking Permit,
and Overnight Parking Permit Systems [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 the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2022-53, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Annual Parking Permit, Master Parking Permit, and Overnight
Parking Permit Systems Re -Established by Resolution Nos. 2011-109, 2011-110, and 2011-111,
to Add General Eligibility Criteri and Procedures for Permit Revocation.
CONTRACTS AND AGREEMENTS
6. Street Pavement Repair Program ( roject No. 22R03) - Notice of Completion for Contract
No. 8792-1 [381100-20221
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 be-Vn recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
7. Approval and Award of Three Maintenance and Repair Services Agreements for
As -Needed Electrical 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) Approve three separate on -call Maintenance and Repair Services Agreements for three-year
terms with Academy Electric Inc. (C-7150-2), Bay Shore Electric Inc. (C-7456-2), and A.C. Pozos
Electric Corp. (C-7148-2) at a total not -to -exceed amount of $164,000 per agreement, and
authorize the Mayor and City Clerk to execute the agreements.
8. Approval and Award of Three Maintenance and Repair Services Agreements for
As -Needed Painting 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
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b) Approve On -call Maintenance and Repair and Painting Service Agreements with Astro Painting
Co., Inc. (C-8931-1), Piana Construction & Painting, Inc. (C-8592-2A), and JLE Painting
(C-8932-1) with each agreement being for a three-year term and total amount not -to -exceed
$164,000, and authorize the Mayor and City Clerk to execute the agreements.
9. Approval of Professional Services Agreement with GMU Geotechnical, Inc., (Contract
No. 8906-1) for Pavement Management Program (Project No. 231101) [381100-2022]
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 GMU Geotechnical, Inc. of Rancho Santa
Margarita, California, for Pavement Management Program Services for a not -to -exceed amount
of $159,346, and authorize the Mayor and City Clerk to execute the Agreement.
10. Approval of Amendment No. Four to Janitorial Services Agreement with Universal
Building Maintenance, LLC dba Allied Universal, Amendment No. One to Janitorial
Services Agreement with Ed Building Maintenance; and a new Janitorial Services
Agreement with Kleenway Services, Inc. [381100-2022]
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 Amendment No. Four to the Janitorial Services Agreement with Universal Building
Maintenance, LLC dba Allied Universal (C-8567-1) to increase the total not -to -exceed amount
by $315,000 for a total not -to -exceed amount of $3,103,164.76, and extend the term for three
months to December 31, 2022;
c) Approve Amendment No. One to tke Janitorial Services Agreement with Ed Building
Maintenance (C-8551-2) to increase the total not -to -exceed amount by $300,000 for a total
not -to -exceed amount of $2,,W5,000, and extend the term for four months to December 31, 2022;
d) Approve Janitorial ServicM Agreement with an effective date of November 1, 2022, for a
five-year term with two one-year extensions, with Kleenway Services Inc. (C-8933-1) for
Janitorial Services City Facilities, Park and Beach Restrooms and the Provision of Paper
Goods and Soap Supply Services at atotal not -to -exceed amount of $14,760,000; and
e) Authorize the Mayor and City Clerk to execute the Agreement and Amendments.
11. Approval of Amendment No. One to the Newport Beach Public Library Lecture Hall
Memorandum of Understanding with the Newport Beach Public Library Foundation, and
Approval of a Namilg Rights Donation Agreement (C-7444-4) [381100-20221
a) Determine this ac4n 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 the First Amendment to the Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Public Library Foundation Related to Fundraising for
the Library Lecture Hall Project;
c) Approve the Newport Beach Public Library Lecture Hall Naming Rights Donation Agreement
between the City of Newport Beach, the Newport Beach Public Library Foundation, and William
A. Witte and Keiko Sakamoto; and
d) Waive Council Policy B-9 (Naming of City Parks and Facilities) and B-17 (Parks, Facilities and
Recreation Program Donations) for the naming of the exterior of the Library Lecture Hall.
Mayor Muldoon voted "no" to Item 11.
12. Award of On -Call Maintenance/Repair Services Agreement with Sancon Engineering,
Inc. for Sewer Manhole Lining Services (C-8934-1) [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; and
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b) Approve the amended Maintenance/Repair Services Agreement with Sancon Technologies, Inc.
for sewer manhole lining services, for a three-year contract with a total contract compensation
amount of $280,000, and authorize the Mayor and City Council to execute the Agreement.
13. Amendment No. One to Temporary Employment Agreement with Soon Cho (C-8784-1)
[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; and
b) Authorize the Mayor and the Community Development Director to execute Amendment
No. One to the Post Retirement Temporary Employment Agreement with retired employee Soon
Cho.
Mayor Muldoon voted "no" to Item 13.
14. Amendment No. One to Professional Services Agreement Extension with Willdan
Engineering for Code Enforcement Services (C-7948-1) [381100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One to Professional Services Agreement with Willdan Engineering for
Code Enforcement Services and authorize the Mayor and the City Clerk to execute the
Amendment.
15. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (ANBOL)
(C-2058A) [381100-20221 W
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 consider the Tentative Agreement between the City of Newport Beach and the
Association of Newport Beach Ocean Lifeguards.
INOMW
16. Agreement with - i y Management Services, Inc. for Crossing Guard Services (C-8521-
2) [381100-2022 I
a) Determine his 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 a Serviced Agreement with All -City Management Services, Inc. of Santa Fe Springs,
California for crossing guard services in an amount not to exceed $1,859,566.00, and authorize
the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 23-011 appropriating $61,212 in increased expenditures in
Account No. 01035354-811008 from the unappropriated General Fund balance.
MISCELLANEOUS
17. Pulled from the Consent Calendar
Motion by Mayor Pro Tem Blom, seconded by Mayor Muldoon, to approve the Consent Calendar,
except for the item removed (Item 17); and noting the "no" votes by Mayor Muldoon to Items 11 and 13,
and the amendments to Items 1 and 12.
With Council Member O'Neill absent, the motion carried 6-0.
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
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17. Response to the 2021-2022 Orange County Grand Jury Report "Where's the Fire? Stop
Sending Fire Trucks to Medical Calls" [100-20221
At the request of Council Member Dixon, Fire Chief Boyles discussed emergency response
procedures for fire engines responding to medical calls, noting that fire engines carry a cross -trained
paramedic and usually arrive on scene before an ambulance and can begin paramedic deployment
more timely than ambulatory support. Furthermore, he relayed the Fire Medic voluntary
subscription program to protect anyone in a household from out-of-pocket costs for paramedic and
emergency ambulance services.
Council Member Avery shared the emergency care his father received during a medical emergency.
In response to Council Member Duffield's question, Fire Chief Boyles noted that a shorter wheelbase
is used during the fire truck design process to accommodate smaller fire departments, like in Corona
del Mar and Balboa Island.
In response to Council Member Dixon's questions, Fire Chie yles stated that the City has three
ambulances but more could be added.
Wade Womack supported the Fire Department and suggested that the current emergency response
allows for a coordinated and unified chain of command that could integrate the Harbor Patrol,
firefighters, police, lifeguards, and safety personnel. * Id
Motion by Council Member Dixon, 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 CEQA Guidelines because this action will not result in a physical change to
the environment, directly or indirectly; and b) authorize the Mayor to sign the cover letter and remit
the responses of the City of Newport Beach and Fire Chief to the Presiding Judge of the Orange
County Superior Court.
With Council Member O'Aeill absent, the motion carried 6-0
City Attorney Harp inded the public that Item 18 removed from the agenda and could be addressed
at this time.
William Kroener, Presery e County, expressed the opinion that the structure named in Item 18
is a historic structure pur nt to California law and California Coastal Commission regulations,
described the accomplishments of the architect, noted its eligibility for the National Register of Historic
Places, described the structure characteristics and modifications since the initial design, and asked the
City to conduct a new historic survey.
Jim Mosher noted that CEQA does not prevent Council from allowing the demolition of a structure as
it is only a disclosure requirement when findings show a detrimental effect, expressed the opinion that
the structure in Item 18 could be a historic resource, and stated the City is compelled to do an analysis.
Dr. Kridikel TruthBey, Homeless Continuum of Care (COC) Program, discussed discrimination, noted
her work with Homeless Coordinator Basmaciyan, expressed concern relative to the homeless count,
stated the need for diversity and equity in Newport Beach, suggested a forum to hear testimonies of
people who are overlooked, how the City can build permanent housing, as well as, identify low income
housing needs, asked to be part of the upcoming homeless events, provided a homeless strategy handout
for Los Angeles County and Los Angeles City, and suggested a chart of homeless counts to create
outreach and engagement.
Mayor Muldoon noted low-income housing and supportive services in the City and Orange County.
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City Manager Leung offered for Homeless Coordinator Basmaciyan to reach out to Dr. Kridikel.
Angelica Harris Copeland, a resident and employee of Starbucks at Fashion Island, relayed that her
mother was banned from Fashion Island by security and treated with hostility. She requested an
apology letter and suggested cultural training for shopping center staff, and homeless services for
panhandlers. Council Member Brenner asked to speak with Ms. Copeland after the City Council
meeting.
XVII. PUBLIC HEARINGS
18. Resolution No. 2022-54: Appeal of Coastal Development Permit No. CD2021-081 to Allow
the Construction of a Single -Family Residence on Bay Island (PA2021-305) [100-20221
The item was pulled from the agenda since the appellant withdrew the appeal.
19. Ordinance No. 2022-18: A Code Amendment Updating Density Bonus Regulations to
Comply with State Law (PA2020-032) [I00-20221 9
Deputy Community Development Director Campbell and Principal Planner Murillo utilized a
presentation to review the proposed amendments, density bonus, incentives, eligible project types,
traditional affordable housing bonus sliding sc�le, special needs housing, alternative bonuses,
automatic parking reductions, incentives and concessions, developnent standard waivers, and the
approval process.
In response to Council Member Dixon's questions, Principal Planner Murillo stated that it is
mandatory for the City to adopt a density bonus ordinance, but voluntary for a developer to utilize
the density bonus tool. Deputy Community Development Director Campbell indicated that
development standards within the General Plan will be set by the community for the anticipated
densities, knowing that some of the standards will be waived, including reductions in green space.
He noted that staff is working on an amended Land Use Element to incorporate the density and
zoning overlays to implement the Housing Element that will include development standards, the
review processes, and design expectation
Council Membe Dixon suggested including a density bonus impact projection with and without
waivers, so it is Transparent to the community what the projected impact could be due to the density
bonus and expressed the opinion that the density bonus law may substantially change the look and
feel of the community.,
In response to Council Member Avery's question, Deputy Community Development Director
Campbell relayed that additional density makes projects more financially viable, erodes local control
of land use decision making policies, creates a path for increased affordable housing development,
and that the City is embarking on the planning process to build communities that include park
space and amenities as part of the Land Use Element update and overall General Plan.
Mayor Muldoon opened the public hearing.
Jim Mosher expressed the opinion that local responsibility is to enact an ordinance that explains
how the City will process density bonus requests and suggested reducing and simplifying the
municipal code so the City can more easily keep up with State law changes.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
In response to Council Member Brenner's question, Deputy Community Development Director
Campbell explained that the reason for being more specific in the municipal code is to reduce
mistakes by City staff and developers during the implementation process, and assured that staff
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City of Newport Beach
City Council Meeting
August 23, 2022
will monitor and implement mandatory State law changes. He conveyed that staff believes this
approach will avoid mistakes and make local implementation easier.
Mayor Muldoon stated that it makes financial sense to create a "one stop shop" in the City municipal
code.
Motion by Council Member Dixon, seconded by Mayor Muldoon, to a) find this project
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the
general rule that CEQA applies only to projects, which have the potential for causing a significant
effect on the environment; b) waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2022-18, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Zoning Code Amendment No. CA2020-004 Amending Chapter 20.32 (Density Bonus) and
Other Related Provisions of the Newport Beach Municipal Code Related to Density Bonuses to
Comply with State Law (PA2020-032), and pass to second reading on September 13, 2022; and
c) adopt amended Resolution No. 2022-56, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-004 to
the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan)
of the Cit of Newport Beach Municipal Code Related to Density Bonuses to Comply with State Law
(PA2020-032). ,
With Council Member O'Neill absent, tl
XVIII. CURRENT BUSINESS
20. Newport Beach Junior Lifeguard Bui:
No. 7524-2 (19F13) and Approval of
Agreement with Jeff Katz Architects I
[381100-20221 dak
of Construction Contract
to Professional Services
lupport Services (C-7524-1)
Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation to
review the Newport Beach Junior Lifeguard uilding construction contract award, building location,
approved conceOncilenderiAg, building aspects, costs, funding, building schedule, and staff
recommendatio'4
In response to Member Brenner's question, City Attorney Harp confirmed that having
grandchildren in the junior lifeguard program is not a conflict.
Council Member Dixoi�xpressed support for the project, recognized the Junior Lifeguard
Foundation fundraising efforts and partnership, noted a well -designed and simple project, and
thanked staff.
Motion by Council Member Dixon, seconded by Council Member Avery, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332
(In -Fill Development Projects) of the CEQA Guidelines. This exemption applies to in -fill
development projects in urban areas that are consistent with the General Plan and applicable
development standards; b) approve the project plans and specifications; c) approve Budget
Amendment No. 23-012 to increase revenue by $301,000 in the Capital Improvement Program
Contribution Fund for the Junior Lifeguard Building Project account, 13501-561005-19F13 and to
increase expenditure appropriations by the same amount in Account No. 13501-980000-19F13 and
to transfer $1,600,991 of American Rescue Plan Act (ARPA) funds to Account No. 16601-980000-
19F13 from the Central Library Lecture Hall project - Account No. 16601-980000-19F11; d) award
Contract No. 7524-2 to TELACU Construction Management, Inc. for the total bid price of $6,430,000
and authorize the Mayor and City Clerk to execute the contract; e) establish and encumber a
contingency of $643,000 (10 percent of the total bid) to cover the cost of unforeseen work not included
in the original contract; and f) approve Amendment No. Four to the Agreement with Jeff Katz
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City of Newport Beach
City Council Meeting
August 23, 2022
Architects Inc. to increase the fee amount by $68,000 for construction support services for a total
not -to -exceed contract amount of $581,000, and authorize the Mayor and City Clerk to execute the
Agreement.
Council Member Avery stated the junior lifeguard program is part of the City's culture and a
tradition, the building will be an income source during the off season, and commended the project.
With Council Member O'Neill absent, the motion carried 6-0.
21. Approval of Two -Year Amendment to Grant Agreement with Trellis International
(C-8769-1) [381100-20221
Public Works Director Webb and Administrative Manager Schweitzer utilized a presentation to
review the proposed amendment to the Trellis International City Grant, its background, provide a
first year review, location of Trellis' projects, and proposed grant amendment.
Terry Moore, Trellis International, utilized a presentation to highlight recent projects, the program's
impacts and benefits, shared a vision for increased program interest and a recent inquiry to
participate, introduced team and staff members, and noted visibility within the community.
Council Member Brenner thanked Mr. Moore, noted how rewarding and fun it has been for her and
Council Member Avery, who are both members of the Homeless Task Force, to watch the program's
evolution and meet with Trellis teams, and asked that the Community Impact Team (CIT) logo be
prominent on the vests.
Jim Mosher supported the continuation of 1heprogran#JRTngrant increase, and noted a response to
the Grand Jury Report on homelessness on the next Council meeting agenda.
Ilk
Motion by Council Member Dixon, 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 orindirectly; b) approve Amendment No. One to the Grant
Agreement with Trellis International to increase the total grant amount by $100,000 for a total
grant award of up to $130,000 and extend the term by two years to September 14, 2024; and
c) authorize the Mayor and City Clerk to execute the agreement.
With Council Member O'Neill absent, the motion carried 6-0.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 7:50 p.m. in memory of Salvador Avila and Gail Lynch
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
August 18, 2022, at 4:00 p.m.
Leilani I. Brown
City Clerk
Kevin Muldoon
Mayor
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