HomeMy WebLinkAbout10/11/2022 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
October 11, 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, Council
Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Circulation Element Goals and Policies
Traffic Engineer Brine and LSA Associates Consultant Tony Petros utilized a presentation to
provide the context, previous City Council direction, project chronology, State mandates, reason
for updating the Circulation Element, key new policies, summary, access to the Circulation
Element Update document, and schedule.
In response to Mayor Muldoon's question, Traffic Engineer Brine noted that the City could
consider incentivizing developers to install Electric Vehicle (EV) charging stations.
In response to Council Member Dixon's question, Mr. Petros confirmed that the Bicycle Master
Plan has been incorporated through the use of buffered bike lanes throughout the City, green
paint indicators, meetings related to bicycle traffic around schools, and a $25 million Capital
Improvement Project (CIP). Traffic Engineer Brine agreed to return to Council with a report on
what has been done in the CIP.
David Tanner requested that his submitted comments be shared with the public, submitted
additional comments, and discussed changes and opportunities since the last Circulation
Element Update in 2006.
Jim Mosher expressed confusion relative to what the public should be studying for this item and
whether the General Plan Advisory Committee (GPAC) will be reviewing the Circulation
Element to collect and prepare a forecast.
In response to Council Member Dixon's question, Traffic Engineer Brine relayed that Policy
CE8.1.7/Avon Street Municipal Street Parking Lot Relocation was carried over from the 2006
Circulation Element and provides for parking flexibility in Mariner's Mile with no plan to
relocate it. He further noted that additional areas needing more parking can be incorporated
into the policy at the request of Council.
In response to Council Member Brenner's question, Traffic Engineer Brine relayed that public
comment for specific intersections are received and reviewed daily by his office and a tracking
analysis will be included with the Land Use Element that will incorporate recommended
improvements and public input. Mr. Petros added that the annual session to review the CIP at
the City Council meeting includes opportunities for public input. Traffic Engineer Brine
encouraged the public to submit comments via collective associations.
In response to Council Member Dixon's question, Deputy Community Development Director
Campbell clarified that the 2006 General Plan Circulation Element was not submitted to voters
for approval and that there is no law requiring an approval by the voters.
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III. PUBLIC COMMENTS
David Tanner inquired about plans to help victims of Hurricane Ian.
Jim Mosher expressed the opinion that, in relation to fractional homeownership, unregulated use of
land can be a threat to public health, safety, or welfare.
Eric Spitz discussed Short -Term Residential Therapeutic Programs (STRTP) and mental health
collectives, and presented questions for the attorneys on the dais to walk through with the City Attorney.
Laura Curran noted the City was supposed to hire a drug rehabilitation lobbyist and qualified legal
representative, and provided an update regarding licensing, enforcement, options, and impacts to
residents.
IV. RECESSED - 4:52 p.m.
V. RECONVENED AT 5:10 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
VII. INVOCATION - Muriu Makumi, Mariners Church, Irvine
VIII. PLEDGE OF ALLEGIANCE - Council Member O'Neill
IX. NOTICE TO THE PUBLIC
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the annual Associated California Cities of Orange County (ACC-OC) conference, Costa
Mesa City Council meeting to discuss the Transportation Corridor Agency (TCA), and Newport -
Mesa Unified School District State of the Schools breakfast
• Utilized a slide to announce the Newport Beach Housing Element certification and thanked
members of the community and staff for their hard work
Council Member Duffield
• Attended the Water Quality/Coastal Tidelands Committee meeting and reported great water
quality in the ocean and bay waters
Council Member Dixon:
• Attended the Southern California Association of Governments (SLAG) Regional Board meeting,
judged the Corona del Mar (CdM) Chamber sandcastle contest alongside Council Member Brenner,
and attended the Newport Beach Fire Service Day
• Utilized a slide to announce the Newport Beach Film Festival (newportbeachfilmfest.com)
• Requested a future agenda item to consider directing the Planning Commission, at its January 5,
2023 meeting, to make a recommendation to the City Council regarding the regulation of fractional
ownership
Council Member Brenner:
• Announced playing her first game of pickleball and attended an undergrounding meeting for CdM
residents
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• Utilized a slide to announce the Corona del Mar High School (CdMHS) 60-year anniversary
celebration, and a free document shredding, e-waste disposal and organics kitchen pail pickup event
• Announced having spoken to the CdMHS Speech and Debate Team
Council Member Avery:
• Attended the Orange County Sanitation District Board meeting and the Newport -Mesa Unified
School District State of the Schools breakfast
Mayor Muldoon:
• Announced the Renew Newport Volunteer Day (www.renewnewport.com)
XI. PUBLIC COMMENTS ON CONSENT CALENDAR
At the request of Council Member Dixon, City Manager Leung discussed Item 4 (Authorizing the
Submittal of The Whale Tail Grant Application to the California Coastal Commission for Funding of the
Junior Lifeguard Scholarship Program).
Jim Mosher commented on Item 11 (Planning Commission Agenda for the October 6, 2022 Special
Meeting )and suggested pulling the item off the Consent Calendar to find out what happened and
provide guidance on fractional ownership.
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 27, 2022 City Council Special and Regular Meetings [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 consideration and direct the City Clerk to read by title
only.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-21: Non -Exclusive Commercial 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) Conduct second reading and adopt Ordinance No. 2022-21, An Ordinance of the City Council of
the City of Newport, Beach., California, Granting Non -Exclusive Franchise Agreements for
Com.m.ercial Solid Waste and Diuert.ible Materials Handling Services Within the City of Newport.
Beach, to the three so named companies.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2022-69: Authorizing the Submittal of The Whale Tail Grant Application
to the California Coastal Commission for Funding of the Junior Lifeguard Scholarship
Program [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;
b) Adopt Resolution 2022-69, A Resolution of the City Council of the City of Newport. Beach,
California, Authorizing the Application jbr and Securing of Funds from. the California Coastal
Commission's Whale Tail Grant. Program. to Fund the Pilot. Year of the Junior Lifeguard
Scholarship; and
c) Authorize the City Manager, or her designee, to sign grant documents.
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5. Resolution No. 2022-70: Approval of the 2021 Urban Areas Security Initiative Grant
Program Transfer Agreement (C-7042-7) [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) Adopt Resolution No. 2022-70, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for FY 2021 Urban Areas Security Initiative (UASI) Between
the City of Santa Ana and the City of Newport Beach; and
c) Authorize the City Manager to sign the agreement.
6. Resolution No. 2022-71: Establishing "No Parking" Restrictions on a Portion of Bayside
Drive to Improve Street Sweeping Effectiveness [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. 2022-71, A Resolution of the City Council of the City of Newport Beach,
California, Establishing "No Parking" Restrictions on Designated Streets on Specific Days and
Times to Improve Street Sweeping Effectiveness and Rescinding Resolution No. 2022-12.
CONTRACTS AND AGREEMENTS
Balboa Boulevard Median Improvements (Project No. 19R11) — Notice of Completion for
Contract No. 7629-2 [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 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. West Irvine Terrace and Balboa Island Water Main Replacement — Award of Contract
No. 7966-1 (23W13 & 23W11) [381100-20221
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no
expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7966-1 to T.E. Roberts, Inc. for the bid price of $4,222,889 for the
West Irvine Terrace and Balboa Island Water Main Replacement project, and authorize the
Mayor and City Clerk to execute the contract;
d) Establish a contingency of $633,000 (approximately 15 percent of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 23-024 appropriating $1,379,100 in increased expenditures in
Account No. 70201931-980000-23W13 and transferring funds from the Water Enterprise Fund
unappropriated fund balance to the Water Capital Fund for the West Irvine Terrace and Balboa
Island Water Main Replacement.
Mayor Pro Tem Blom recused himself from Item 8 due to real property interest conflicts.
9. Approval of Professional Services Agreement with Tait and Associates, Inc. for the
151h Street Restroom Replacement Project (Project No. 23F11) (C-8965-1) [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 a Professional Services Agreement with Tait and Associates, Inc. of Santa Ana,
California, for the 15th Street Restroom Replacement Project for a not -to -exceed amount of
$188,760, and authorize the Mayor and City Clerk to execute the Agreement.
10. Concession Agreement for TheJettyCDM, LLC for Operation of a Restaurant and
Concession at Corona del Mar State Beach (C-8966-1) [381100-2022]
a) Determine this project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3
(New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to
have a significant effect on the environment. The exceptions to the Class 3 categorical exemption
under Section 15300.2 are not applicable;
b) Authorize the City Manager and City Clerk to execute a five-year Concession Agreement
between TheJettyCDM, LLC and the City of Newport Beach for use and operation of a
concession and restaurant at the City -managed Corona del Mar State Beach park located at
3029 Ocean Boulevard, in a form substantially similar to the agreement prepared by the City
Attorney; and
c) Approve Budget Amendment No. 23-025 to record a budget increase of $3,000 as revenue to the
General Fund.
11. Approval of Amendment to HVAC Services Agreement with Western Allied Corporation
(Contract No. 7960-1) [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) Approve Amendment No. One to the HVAC Services Agreement with Western Allied
Corporation for a not -to -exceed amount of $240,000, with the Agreement ending on February 7,
2024.
12. Susan G. Komen More than Pink Walk Special Event Grant Assignment (C-8082-2E)
[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 assignment of the Special Event Grant for the Susan G. Komen More than Pink Walk
to The Susan G. Komen Breast Cancer Foundation, Inc.; and
c) Authorize the Recreation & Senior Services Director to sign the Grant Agreement for the Susan
G. Komen Breast Cancer Foundation, Inc.
MISCELLANEOUS
13. Planning Commission Agenda for the October 6, 2022 Special Meeting [100-20221
Receive and file.
14. Budget Amendment to Appropriate a Donation from the Dorothy Arens Ressel Trust to
the Library's Fiscal Year 2022-23 Library Materials Budget [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) Approve Budget Amendment No. 23-023 to increase revenue in account number 01060005-
561005 by $19,281.50 and increase expenditures by the same amount in account number
01060005-841052.
Motion by Mayor Pro Tem Blom, seconded by Council Member Brenner, to approve the Consent
Calendar; and noting the recusal by Mayor Pro Tem Blom to Item 8 and the amendments to Item 1.
The motion carried unanimously.
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XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Sean Bolletieri Abdali apologized for how the hearing turned out at the last Council meeting, noted
some speakers admitted to reading a script and being pressured into speaking, and requested that
Council reconsider Item 15 from the September 27, 2022 City Council meeting.
Brent Mardian noted having previously spoken to Council about the Confined Aquatic Disposal (CAD)
project, expressed the opinion that the Subaqueous Capping Guidance Manual is missing from the
project evaluation, showed a photo of collected sediment samples in unsuitable areas, and noted beach
quality sand below the dredge material in the Newport Channel One area. He believed that the sampling
did not split the samples like this, noted mercury samples over nine parts per million in the main
channel, relayed that most contaminated material is below the dredge depth at 20-22 feet, and expressed
concern regarding the dredged material.
Shana Conzelman expressed her opinions regarding the CAD project process and basis for decisions,
asked that Council consider the options provided by the Friends of Newport Harbor, and asked that the
request be pulled from the California Coastal Commission (CCC) agenda until proper testing is
completed and the required guidance manual is followed.
Seth Christian expressed his opinion regarding the Environmental Protection Agency (EPA) relative to
pollutant standards and expressed concern that the City and EPA do not have the necessary data to
conclude that the CAD proposal is safe.
Jennifer Thomas asked Council to postpone the CAD project for further study.
Brett Feuerstein and Ryan Chase, 50% owners of The Tennis Club at Newport Beach property, thanked
Council for the decisions made at the last City Council meeting, expressed concern regarding large
apartment projects, and announced having no plans to build apartments. They further discussed plans
provided to Robert O Hill for a fully negotiated lease, a local operator, 20-year agreement, and property
improvements and comprehensive plan, including pickleball. They asked Council to not reconsider Item
15 from the September 27, 2022 City Council meeting.
Dalen Lawrence requested that Council vote down the Tennis Club at Newport Beach's Plan B and
submitted a handout.
Darcy Bouzeos noted the opposition to Plan B and Council's clear position that the plan was not ready
or acceptable and needed to be resubmitted, questioned what has changed since the last meeting, and
asked the Council to vote with good governance.
Nick Von Neuhoff read a statement expressing concern relative to CADS.
An unidentified speaker asked that Council postpone the CAD project and consider other options.
Robin Moore asked for reconsideration of the Tennis Club of Newport Beach's Plan B and expressed the
opinion that everyone is in favor of pickleball.
An unidentified speaker discussed family traditions on Lido Beach, noted other options to a CAD, and
expressed confidence that Council will do the right thing.
An unidentified speaker noted an educated collection of people in Newport Beach, asked Council to be
patient, and supported keeping the bay clean.
Devon Kelly, representing the Newport Harbor Foundation (NHF), provided background on the NHF,
thanked Council for approving the dredging in the Harbor and the CAD project, noted studies and the
approving bodies, and relayed that NHF supports the CAD project.
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Dirk Larson expressed his love for pickleball and asked Council to reconsider Plan B.
Dave Rhodes requested additional testing in the Harbor in light of data indicating toxic material at a
20-22 foot depth.
Steve Scully, Harbor Commission Chair, expressed support for dredging and the CAD project to store
unsuitable sediment and expressed the opinion that it is the only option, funding will not be available
in the future, and the City will abide by every agency condition to protect water quality.
Dave Tanner supported dredging but opposed the CAD project, requested that Council consideration
the new data presented, and if not, make it clear to CCC that Council supports them conducting more
studies.
Jim Mosher provided an update on the lobbyist registration ordinance, expressed the opinion that it is
not working, and recommended that Council follow-up with staff.
Bob Yates expressed support for dredging but concern for the CAD project, and asked for an explanation
before dredging begins.
John Rosen thanked Council for making hard decisions at the last meeting regarding The Tennis Club
at Newport Beach, urged Council to reconsider Plan B, and expressed appreciation for their efforts in
the future.
An unidentified speaker expressed concerns relative to the CAD testing results and expressed the
opinion that the CCC will deny the permit.
In response to Council Member Brenner's questions regarding public comment on a missing manual,
testing not done, and higher contamination levels, City Attorney Harp stated that an adequate
comprehensive environmental analysis was conducted, in some areas going above and beyond, and the
City is in full compliance. Public Works Director Webb indicated that the consultants followed the rules;
the EPA, U.S. Army Corps of Engineers, California State Water Resources Control Board, and CCC
have looked at it, and are recommending approval. Furthermore, he noted that testing done by the
consultant consists of random samples in accordance with proper procedures.
Council Member Brenner noted that she does not see anything that Council can do to make changes at
this time until CCC reviews the matter.
City Attorney Harp reminded Council that the CAD project is not on the agenda tonight so there is no
opportunity to debate it or act.
XI. CURRENT BUSINESS
15. Resolution No. 2022-72: Amending and Re -Titling City Council Policy B-9 to Provide
Guidelines for City Dedication Plaques [100-20221
Jim Mosher suggested that Provision D be amended to state, "Dedication plaques for City parks and
facilities shall include..."
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; and b) adopt Resolution No. 2022-72, AResolution of the City
Council of the City of Newport Beach, California, Amending and Re -Titling City Council Policy B-9
(Naming of City Parks & Facilities).
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In response to Council Member Brenner's question, City Attorney Harp supported adding "parks"
to the provision and gave instruction to incorporate it into the motion.
Mayor Muldoon amended the motion and Council Member Dixon, as the seconder, agreed
with the amended motion.
In response to Council Member Dixon's question, City Manager Leung clarified that the City
Manager will have discretion relative to plaque decisions.
Council Member O'Neill stated that he will be voting "no" because he does not support placing names
on building plaques, but indicated he prefers including narratives in lieu of names.
In response to Council Member Dixon's question, City Manager Leung clarified that the resolution
provides for uniform content on City plaques and includes the names of Council Members involved
in the decision -making.
Council Member Avery concurred with Council Member O'Neill, stated less is more, supported
including narratives instead of names, and indicated he will also be voting "no."
With Council Members Avery and O'Neill voting "no," the motion carried 5-2.
XVI. MOTION FOR RECONSIDERATION
Council Member Brenner asked for clarification on how she can make a motion for reconsideration of
the pickleball club issue (Item 15 from the September 27, 2022 City Council meeting) to have specific
questions addressed without encouraging people to testify on their love for pickleball. City Attorney
Harp indicated that this item is nondebatable and cannot be discussed during this meeting because it
is not on the agenda.
Motion by Council Member Brenner, seconded by Mayor Muldoon, to reconsider and bring back
the Tennis Club at Newport Beach Project Amendment (Item 15 from the September 27, 2022 City
Council meeting).
With Mayor Pro Tem Blom, Council Member Avery, and Council Member O'Neill voting "no,"
the motion carried 4-3.
XVII. ADJOURNMENT - Adjourned at 6:35 p.m. in memory of Ron Presta
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 6, 2022, at 4:00 p.m. /7
inayor
P
L lani I. Brown
City Clerk
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