Loading...
HomeMy WebLinkAbout01 - MinutesJanuary 12, 2021 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Regular Meeting December 8, 2020 I. CONVENED AT 4:00 P.M. II. ROLL CALL Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Kevin Muldoon Absent: Council Member Jeff Herdman III. INVOCATION - Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church IV. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Avery V. PRESENTATION Proclamation to Celeste Jardine -Haug for her servi he community Mayor O'Neill read the proclamation while a slideshow was displayed. Senior Services Manager Jardine -Haug expressed gratitude for the opportuniley to work f onderful city. Council Member Dixon indicated that Senior ServZres ManaaAr Ja e -Haug has been an amazing leader and her leadership has been a test �t to the City's service to seniors. Mayor Pro Tem Avery stated the activities at the OASISA*nior Center have been incredible and hundreds of seniors have been positively impacted by��th volunteers and staff, all of which derived from Senior Services Manager Jardine-Haug's leader3"lifp and kindness. Council Member Brenner thane enior �e ' es Manager Jardine -Haug for making the OASIS Senior Center a source of pride and for b is wonderful facility. Council Member M,yldoon noted Senior vices Manager Jardine -Haug has been a pleasure to work with and has represented the City to the highest standard. VI. NOTICE TO THE PUBLIC VII. PUBLIC COMMENTS IV Jim Mosher was surprised to see that a COVID-19 update was not included on the agenda, as it seems the region will face the most intense phase of the crisis before the next Council meeting. VIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Dixon: • Attended a meeting of the Aviation Committee on December 7, 2020, and the opening of the Electric Bike Company with Mayor O'Neill Council Member Brenner: • Utilized slides to note the Corona del Mar Business Improvement District (BID) and Chamber of Commerce's storefront holiday lighting and decoration contest and the Corona del Mar Residents Association's residential lights contest • Reported Hoag Hospital has patient capacity, the number of reported COVID-19 cases is the highest since August, and Hoag is considering stopping elective surgeries Volume 64 - Page 584 City of Newport Beach Regular Meeting December 8, 2020 I� X. Mayor Pro Tem Avery: • Attended an Orange County Sanitation District (OCSD) operations committee meeting Mayor O'Neill: • Utilized a slide to announce that Operation Christmas is collecting items at City Hall and various other City facilities through December 23, 2020 MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of converting the Water Quality/Coastal Tidelands Committee to the Environmental Quality Affairs Committee (EQAC) [Herdman] Council Member Brenner concurred to bring the item back at a future meeting. • Consideration of staff assisting with this year's Newport Beach Boat Parade [Muldoon] Mayor O'Neill, Mayor Pro Tem Avery, and Council to bring the item back at a future meeting. PUBLIC COMMENTS ON CONSENT CALENDA] XI. CONSENT CALENDAR ffield and Muldoon concurred READING OF MINUTES AND ORDINANCES Adw K 1. Minutes for the November 24, 2020 City Council Regular Meeting [100-2020] Waive reading of subject minutes, approve,as amended, anTrorder filed. 2. Reading of Ordinances Waive reading in full of all only. and direct the City Clerk to read by title ORDINANCE FOR ADOPTIV 3. Ordinance No. 2020-28: Resi ial Design Standards Amendment to Title 20 of the Newport Beach Municipal (ode (PA2019-070) [100-2020] a) Find this projev1 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) becausWhas no potential to have a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2020-97, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-004 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Residential Design Standards (PA2019-070). CONTRACTS AND AGREEMENTS 4. Award of Employee Health Screening Professional Services Agreements [38/100-2020] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approval of a Professional Services Agreement with Hoag Clinic DBA Hoag Executive Health for a not -to -exceed amount of $85,000 (C-8654-1); c) Approval of a Professional Services Agreement with Marque Medical Clinic, Inc. for a not -to - exceed amount of $160,000 (C-8654-2); Volume 64 - Page 585 City of Newport Beach Regular Meeting December 8, 2020 d) Approval of a Professional Services Agreement with Newport Center Medical Group for a not - to -exceed amount of $400,000 (C-8654-3); and e) Approval of a Professional Services Agreement with Sand Canyon Medical Group for a not -to - exceed amount of $60,000 (C-8654-4). 5. On -Call Professional Services Agreement for Veterinary Care Services (C-8655-1) [38/100- 20201 a) Determine 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) Approve an On -Call Professional Services Agreement for veterinary care services with Everest's Piaffe, Inc. (DBA Mariner's Mile Pet Clinic) of Newport Beach, California, at a not -to -exceed cost of $425,000, and authorize the Mayor and City Clerk to execute the agreement. 6. Three -Year Software License Agreement for Microsoft Products (C-8656-1) [38/100-20201 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 . directly; and b) Approve a Software License Agreement with Software0 Waukesha, Wisconsin for a three- year term for Microsoft software products in the total of $197,538.45, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 7. Planning Commission Agenda for the Decembe 0 Meeting [100-2020] Receive and file. 8. Request for Continuance for 944 Via Lido Nord Dock Reconfiguration Proposal — Call For Review of Harbor Commission's Decision to Approve [100-20201 Continue the item to the January 12, 2021 City Council meeting. Motion by Mayor Pro Tem Avery, seconded by Mayor O'Neill, to approve the Consent Calendar; and noting the amendments to eln 1\40 With Council MembAft6n abaent, the motion carried 6-0. XII - None XIII. REORGANIZATION - PRESENTATIONS • Presentation by District Director Tim Whitacre, on behalf of Orange County Supervisor Michelle Steel, to Mayor Will O'Neill District Director Whitacre presented a Certificate of Recognition to Mayor Will O'Neill, who thanked Mr. Whitacre and looked forward to working with Congresswoman -elect Michelle Steel on federal issues. District Director Whitacre indicated he has a Certificate of Recognition for Council Member Herdman, and congratulated the new Mayor and Mayor Pro Tem, and Council Member -elect Blom. • Presentation of Gavel Plaque to Outgoing Mayor Will O'Neill and Remarks by Mayor O'Neill Mayor Pro Tem Avery presented Mayor O'Neill with a gavel plaque in recognition of his service as Mayor during 2020. Volume 64 - Page 586 City of Newport Beach Regular Meeting December 8, 2020 Mayor O'Neill reflected on the accomplishments of 2020, the Year of the Volunteer, including replacement of the Lido Fire Station and waterlines, responses to mutual aid fire calls, repaving roads, focus on unfunded pension liabilities and the Regional Housing Needs Assessment (RHNA) allocation, improved response to homelessness, recognition of volunteers, and response to COVID- 19. He presented gifts to each Council Member and encouraged everyone to patronize local businesses and restaurants. Council Member Brenner thanked Mayor O'Neill for his leadership and for doing an incredible job, and added that the Year of the Volunteer has been very meaningful. Council Member Dixon thanked Mayor O'Neill for an outstanding year of leadership, performing an unprecedent number of acts of substance on behalf of the City, working closely with the Board of Supervisors, and believed the City has benefited from his wise counsel and steady hand. Council Member Duffield appreciated Mayor O'Neill's extraordinary efforts during the year. Council Member Muldoon stated Mayor O'Neill has shown amazing level-headedness and temperament. Mayor Pro Tem Avery believed handling the COVID-19 pandemic brought Mayor O'Neill's skills to the forefront for the benefit of the City and its residents, and stated that his dedication, intellect, and ability to communicate gave the community h�. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS 9. Resolution No. 2020-104: Certification of General Municipal Election Results [39/10-20181 City Clerk Brown provided a brief staff repirt and announced that the City's voter turnout was over 91%. 1 Jim Mosher discussed Council districts andthe expectation that Council Members will represent all of Newport Beach and added that, if a Council Member prefers to represent only the district in which he/she lives, the Council Member should regyest a Charter amendment so that he/she is elected only by the voters of his/her district. __-11 Ruth Sanchez -Kobayashi noted Mayor O'Neill has led the City through the darkness of the COVID- 19 pandemic and requested that Council Members re-elect him as Mayor. Motion by Council Member Dixon seconded by Council Member Muldoon, to a) determine this action is exempt from t& California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(L3) 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. 2020-104, A Resolution of the City Council of the City of Newport Beach, California, Reciting the Fact of the General Municipal Election Held on Tuesday, November 3, 2020, and Declaring the Result and Such Other Matters as Provided by Law. With Council Member Herdman absent, the motion carried 6-0. REORGANIZATION Jim Mosher noted the Mayor and Mayor Pro Tem positions are largely ceremonial and, if Council wants all Council Members to serve as Mayor and Mayor Pro Tem, they need to rotate the positions each year with no repetition. Volume 64 - Page 587 City of Newport Beach Regular Meeting December 8, 2020 10. Administration of Oath of Office [39/100-20181 City Clerk Brown called newly elected Council Member Noah Blom forward. The Honorable Steven D. Bromberg, Judge of the Superior Court of the State of California, administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council Member Blom. City Clerk Brown called re-elected Council Member Brad Avery forward. Former Mayor Evelyn Hart administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council Member Avery. City Clerk Brown called re-elected Council Member Will O'Neill forward. The Honorable Lawrence J. O'Neill, United States District Judge of the State of California, administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council Member O'Neill. 11. Election of Mayor City Clerk Brown, in presiding, placed all members of the Ci ncil on an equal basis to nominate and elect. Council Member Dixon nominated Council Member for t ition of Mayor. Council Member Blom nominated Council Membe eill for the position of Mayor. to close nominations. The motion carried unanimously. Council Member Blom indicated that citizen asked him to support Council Member O'Neill as Mayor because of his leadership during the D-19 pandemic and believed this is the right choice for the City. 40 Council Memberss nfidence in Council Member Avery's abilities and knowledge. Council Member Muldoon believed ouncil Member Avery has the demeanor and sound judgment to fulfill the dutiespf Mayor Council Member Dixon noted the tradition of rotating the roles of Mayor and Mayor Pro Tem among Council Members and indicated she believes in Council Member Avery's leadership skills. Council Member Brenner related that the comments of her colleagues have convinced her that the City can make a transition easily and confidently, and believed that Council Member Avery can lead the City in his competent, quiet, and steady leadership style. There being no further discussion, City Clerk Brown announced the following votes for the Mayor seat: Council Member Avery — Council Members Avery, Brenner, Dixon, Duffield, Muldoon and O'Neill Council Member O'Neill — Council Member Blom Council Member Avery was selected as the Mayor of the City of Newport Beach for 2020-2021 and took his place at the Council dais. Volume 64 - Page 588 City of Newport Beach Regular Meeting December 8, 2020 12. Election of Mayor Pro Tem Mayor Avery, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Council Member Dixon nominated Council Member Muldoon for the position of Mayor Pro Tem. Council Member Brenner nominated herself for the position of Mayor Pro Tem. Motion by Council Member O'Neill, seconded by Council Member Dixon, to close nominations. The motion carried unanimously. Council Member Brenner believed she would do the best job of supporting the Mayor, stated she is committed to dedicating herself to helping the community recover from the effects of COVID-19, and noted that no one from her district has served as Mayor Pro Tem or Mayor in quite a while. Council Member Muldoon indicated he would appreciate Councils support. Council Member Dixon indicated that Council Member Brenner has great courage and strength, and represents her district and the City quite well,.but stated that Council Member Muldoon has ably served his constituents and the City. She added that ouncil Member Brenner has eminent qualifications to serve as Mayor Pro Tem in future years. -IF, Mayor Avery noted that Council Member Muldoon is intelligent, articulate, and committed to the City, and stated that Council Member Brenner has great depth of knowledge about the community, which will serve her well in the future. W There being no further discussi ty Clerk Brown announced the following votes for the Mayor Pro Tem seat: • Council Member Muldo — Mayor Aver! 'Council Members Blom, Dixon, Duffield, Muldoon, and O'Neill`` • Council Member Brenn — Council Member Brenner Council Member Muldoon was elected as the Mayor Pro Tem of the City of Newport Beach for 2020 2021 and took his pace at the ouncil dais. 13. Seating Arrangements for City Council The Council Members decided on the seating arrangement for the Council dais pursuant to City Council Policy A-1. The following seating order was determined (left to right): Noah Blom — Duffy Duffield — Kevin Muldoon — Brad Avery — Diane Dixon — Will O'Neill — Joy Brenner 14. Remarks Elected Council Members'Remarks: Council Member Blom was honored to represent the City and stated that he is committed to doing what is right. Council Member O'Neill thanked his supporters and family and discussed resilience, kindness, and generosity. Volume 64 - Page 589 City of Newport Beach Regular Meeting December 8, 2020 New Mayor Remarks: Mayor Avery related former Mayor O'Neill's work during the COVID-19 pandemic and emphasized that he is committed to maintaining and enhancing the safety and quality of life of Newport Beach. XIV. CONSENT CALENDAR RESOLUTION FOR ADOPTION 15. Setting City Council Regular Meeting Dates for Calendar Year 2021 [100-20181 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. 2020-105, A Resolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2021. MISCELLANEOUS 16. Designation of City's Representatives Under California Government Code Section 54957.6(A): Designate Council Member Diane Dixon and Council Member Will ()'Neill as the City's designated representative for purposes of labor negotiations with all unrepresented employees within the Key and Management Group including, but not limited to, the City Manager, City Attorney and City Clerk, pursuant to California Government Code Section 54957.6(a). Motion by Council Member O'Neill, seconded by Council Member Dixon, to approve the Consent Calendar; and noting the amendment to Item 16. The motion carried XV. MOTION FOR RECONSIDE O one XVI. ADJOURNMENT - 5:54 p.m. r The agenda was posted on the Ci website and on the City Hall electronic bulletin board located in the entrance o e ty Council Chambers at 100 Civic Center Drive on December 3, 2020, at 4:00 p. Leilani I. Brown City Clerk Brad Avery Mayor Volume 64 - Page 590 January 12, 2021 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Special Meeting December 18, 2020 I. CONVENED AT 9:01 A.M. II. ROLL CALL Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner (via Zoom), Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill III. INVOCATION — Council Member O'Neill IV. PLEDGE OF ALLEGIANCE — Council Member Blom V. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher questioned whether the City Council conducted a special meeting to discuss the City assisting with this year's boat parade, discussed the City's desire foPT11 air carriers to operate out of the main John Wayne Airport (JWA) passenger terminal, indicated that JetSuiteX has sued the County over that requirement and believed the City should intervene in that lawsuit, reviewed a Harbor Commission action that does not rectify the building of structures erected over the Harbor, and relayed that he will provide the City with details in writing c ning his di f ' ulties in trying to remove an unwelcomed guest who was trespassing at his home. VI. CURRENT BUSINESS 1. Authorization for the City Attorney to Take Action to Support Orange County Sheriff Don Barnes' Challenge to an Order Releasing Appro�dmately 1,800 Inmates from Orange County Jails [100-20181 Mayor Avery reported that, silace the staff repor was printed, the judge has informed Sheriff Barnes that inmates are not required to be released prigr to January 8, 2021. However, he emphasized that the pending release is concerning for residentgand businesses and noted that Sheriff Barnes has taken significant action to keep inmafe from the spread of COVID-19. He believed that releasing the inmWOs would pose a huge urden on the County and law enforcement, reported that Council has received numerous emails expressing support for Sheriff Barnes' challenge, stated that vaccinations have begun in the County, and expressed his support for Sheriff Barnes. Council Member O'Neill discussed the court order, disagreed with the release of any inmate, indicated that Sheriff Barnes is in charge of running the jail, mentioned that the District Attorney plans to file his own amicus brief, believed that the order would result in the degradation of safety in the County, and discussed the types of felonies committed by the soon-to-be released inmates. He raised concerns that there was no contemplation of the risk of COVID-19 to the inmates outside the jail, nor for the victims' rights or to potential future victims, and discussed COVID-19 case counts in Santa Ana and the County, noted there is no proof in the court order that a person released from jail is at a lower risk of catching COVID-19, affirmed that the ruling should be reversed and the City should play a role in helping with the reversal, and indicated that the City Manager and City Attorney have heard from other cities interested in joining in on this effort. Mayor Pro Tem Muldoon believed the ruling is dangerous and sets a dangerous precedent, noted that there are restrictions pertaining to being outside, yet the court order will be forcing people under due process restrictions to join the public, and believed the ruling is illogical and should be challenged. Council Member Brenner indicated that there is complete unanimity in the community to support Sheriff Barnes, believed no argument has been made that inmates would be safer from contracting COVID-19 if released, and agreed there is no good reason for the court order. Volume 64 - Page 591 City of Newport Beach Special Meeting December 8, 2020 Council Member Dixon agreed that the City and other communities are aligned in this effort, expressed concern that this is another sign of what is happening in our State, stated that she strongly supports the recommendation, and questioned why this is occurring when everyone is trying to stay safe from COVID-19 and crime. Council Member O'Neill clarified that the City would not be intervening in the matter, but filing an amicus brief and discussed the timeline. He requested that 1) Council consider appointing a Council ad hoc committee to work with the City Attorney to finalize the brief and 2) authorize the City Attorney to allow other cities to join, if approved by their city councils. He also pointed out that the brief will be handled in-house. Mayor Pro Tem Muldoon noted that the action would have a direct financial impact on the City's resources, not to mention on quality of life or actual life; however, he believed the City would agree to allocate funds toward this effort. Jim Mosher believed this was a rare occasion where the public has the opportunity to discuss litigation, hoped that there would be more discussion regarding the litigation, thanked Council Member O'Neill for providing background on the court order, believed the public should know how much resources the City Council plans to use toward this effort,'poted that the court order included the judge's reasonings, believed Sheriff Barnes did not raise the issue of whether the impact of the inmates' health should be weighed against the public's impacts of releasing them, noted that Sheriff Barnes voluntarily reduced the jail population by 50�Aent e the pandemic, and stated that not everyone in jail is convicted of a crime. Council Member O'Neill agreed that a number of the people i) jail waiting for their charges, but noted that the reason they are being held is because of the severity of the crimes, clarified that the reduction of inmates at the beginning of the pandemic, occurred before prisons stopped accepting prisoners and those who were released were charged in %w level crimes, clarified that this would not be an appeal, but a writ, and indicated that the order Rd not provide all the evidence that was presented. Motion by Council Member O'Neill secdELd by Mayor Pro Tem Muldoon, to a) determine this action is exempt from the California En mental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guid Ines because this action will not result in a physical change to the envirp�nment, directly orectly; b) authorize the City Attorney to file an amicus brief, or join in a bAef with other cities, supporting Orange County Sheriff Don Barnes' challenge to the order issued on December 11, 2020 (in the case entitled Cynthia Campbell et al. vs. Don Barnes, in his official capacity as Sheriff of Orange County, California, Orange County Superior Court Case No. 30-2020-01141y17-CU-WM-CXC), ordering the reduction of the Orange County Jail inmate population by fifty percent (50%) in all congregated living areas; and c) form a Council ad hoc committee, to include Mayor Pro Tem Muldoon and Council Member O'Neill, to work with the City Attorney to finalize the'Wicus brief. The motion carried unanimously. VII. ADJOURNMENT — 9:54 a.m. The Special Meeting 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 December 16, 2020, at 3:10 p.m. Leilani I. Brown, City Clerk Brad Avery, Mayor Volume 64 - Page 592