HomeMy WebLinkAbout01 - MinutesOctober 9, 2018
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Regular Meeting
September 25, 2018
I. ROLL CALL - 6:00 p.m.
Present: Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin
Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill
Excused: Council Member Brad Avery, Mayor Duffy Duffield
II. PUBLIC COMMENTS
Jim Mosher commended the City Clerk's Office for consistently providing agenda packets on time,
suggested sending email notifications prior to the meeting when a substantial change is made to the
posted agenda, and recommended amending City Council Policy A-1.
A
City Attorney Harp reported the City Council would adjg&n to Closed Session to discuss the
item listed in the Closed Session agenda and read the title.
III. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA);
Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association
(NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police
Management Association (NBPMA); Newport Beach Professional and Technical Employees
Association (NBPTEA); Newport Beach Employees League (NBEL); and Part Time Employees
Association of Newport Beach (PTEANB).
IV. RECESSED - 6:03 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin
Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill
Excused: Council Member Brad Avery, Mayor Duffy Duffield
VII. CLOSED SESSION REPORT - None
VIII. INVOCATION - Council Member Herdman
IX. PLEDGE OF ALLEGIANCE - Council Member Dixon
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member Dixon, Council Member Herdman, Council Member Muldoon and City Manager
Leung:
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• Provided an update on the City's efforts to work with the air carriers that serve John Wayne Airport
(JWA) and work with the Federal Aviation Administration (FAA) to alleviate jet noise and pollution
in Newport Beach
Council Member Dixon:
• Displayed slides to commend Police Officers Hume and Spenser for being chosen to teach at the
International Association of Chiefs of Police Drug Recognition Expert Conference in Nashville,
Tennessee; and to discuss the Smart Marine Systems' Clever Buoy technology, explained that the
City will be hosting a pilot program, and staff will bring this item back at a future study session
Council Member Peotter:
• Discussed the efforts the City is taking to phase out chemical pesticides and its desire to take a more
organic approach to pest control
Council Member Herdman:
• Displayed a slide to announce JWA's meeting on September 26, 2018 at 5:30 p.m. to discuss the
draft environmental impact report
• Attended the Corolido Community Association meeting, the Balboa Island Carnival and Taste of the
Island event, the Chamber of Commerce Government Affairs eeting, the Concert at Peninsula
Park, and the Fire and Lifeguard Appreciation Dinnef
• Announced the Orange Coast River Park's meeting being held at Marina Park Community
Center on September 27, 2018 at 6:00 p.m. 4
Council Member Muldoon:
• Expressed his support of the Clever Buoy technology pilot program
• Announced the upcoming Ford Environmental Investigation open house being held in the Civic
Center Community Room on September 27, 2018 from 5:00 to 8:00 p.m.
Mayor Pro Tem O'Neill: 409
• Attended the League of California Cities (LCC) Conference, Spyglass Hill Community Association
picnic, Police Department press conference (countdowntocapture.com), and the Susan G. Komen
Race for the Cure
• Welcomed the Airborne Public Safety Association to the City
• Announced the upcoming Public Safety Seminar facilitated by Supervisor Steel on
September 29, 2018, in the Civic Center Community Room
• Displayed slides to announce the monthly marine protected area hikes, Working Wardrobes'
clothing drive at the OASIS Senior Center until October 31, 2018, and the Concert at Marina Park
on October 7, 2018, from 4:00 p.m. to 6:00 p.m.
• Introduced Martha Fluor and members from Girl Scout Troops 3146, 3203 and 3283 who presented
the City with a gift basket to celebrate the one year anniversary of the opening of the Argyros Girl
Scouts Leadership Center
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Lauri Preedge expressed support for adding crossing guards in Newport Heights (Item 13), but voiced
her disappointment that Corona del Mar High School has not been able to get more crossing guards.
Bill Willis discussed Assessment District No. 113 (Item 6) and complimented staff on the streamlined
process.
Council Member Muldoon recused himself during comments about Assessment District
No. 113 due to business conflicts.
XIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
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1. Minutes for the September 11, 2018 City Council Meeting [100-20181
Waive reading of subject minutes, approve as written, 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.
ORDINANCES FOR ADOPTION
3. Second Reading of Ordinance No. 2018-14 Updating Regulations Regarding Accessory
Dwelling Units (PA2018-099) [100-20181
Continue the item to receive additional input and have further discussion.
4. Second Reading of Ordinance No. 2018-15 Amending Exhibit A to Newport Beach
Municipal Code Section 3.36.030 Related to Cost Recovery [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) Conduct second reading and adopt Ordinance No. 2018-15, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code
Section 3.36.030 Related to Cost Recovery.
Council Member Muldoon voted "no" on Item�.
RESOLUTIONS FOR ADOPTION _
5. Pulled from the Consent Calendar by Council Member Dixon
6. Proposed Assessment District No. 113 - West Balboa Island, North Bayfront, South
Bayfront and Agate Avenue [89/100-20181
a) Staff recommends the City Council acknowledge that on February 14, 2017, the City Council
deemed this project exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15302(d) (conversion of overhead electric utility distribution system facilities to
underground including connection to existing overhead electric utility distribution lines where
the surface is restored to the condition existing prior to the undergrounding);
b) Adopt Resolution No. 2018-68, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Take Proceedings Pursuant to the Municipal Improvement
Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain
Findings and Determinations in Connection Therewith, All Relating to the Formation of
Assessment District No. 113;
c) Adopt Resolution No. 2018-69, A Resolution of the City Council of the City of Newport Beach,
California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and
Place of the Public Hearing for Assessment District No. 113;
d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not
participate in the AD -113 balloting process for the Carol Beek/Balboa Island Park or the public
restroom property near the Ferry Crossing by neither voting for nor against the assessment;
and
e) Approve Budget Amendment No.19BA-009 appropriating $30,000 to Account No. 66302-941006
for Engineering Services to ballot and tabulate voting for AD -113.
Council Member Muldoon recused himself on Item 6 due to business interest conflicts.
7. Adopt a Resolution Supporting an Application by the City of Irvine for OCTA Measure
M2 Regional Traffic Signal Synchronization Program Funding for the MacArthur
Boulevard Corridor Project [100-20181
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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; and
b) Adopt Resolution No. 2018-70, A Resolution of the City Council of the City of Newport Beach,
California, Supporting an Application by the City of Irvine for the Orange County Transportation
Authority's Measure M2 Traffic Signal Synchronization Program Funding for the MacArthur
Boulevard Corridor Synchronization Project.
Out of an abundance of caution, Council Member Muldoon recused himself on Item 7 due
to business interest conflicts.
8. Pulled from the Consent Calendar by Council Member Herdman
9. Pulled from the Consent Calendar by Council Member Peotter
CONTRACTS AND AGREEMENTS
10. Ocean Pier Maintenance Project — Notice of Completion for Contract No. 7126-1 (171103)
[38/100-2018]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On October 24, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing
public facilities with negligible expansion) 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; 16,
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 the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
11. Approve a Cooperative Agreement with the City of Irvine for a Regional Traffic Signal
Synchronization Project on the Culver Drive -Bonita Canyon Drive Corridor
(C-8570-1) [38/100-2018]
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) Approve Cooperative Agreement between the City of Newport Beach and the City of Irvine for
the Culver Drive -Bonita Canyon Drive Corridor Regional Traffic Signal Synchronization Project
(RTSSP).
Out of an abundance of caution, Council Member Muldoon recused himself on Item 11 due
to business interest conflicts.
12. Amendment No. One to Temporary Employment Agreement with Former City Employee
Michelle Caldwell (C-8216-2) [38/100-2018]
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) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former
employee Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position
of Police Dispatcher until all vacancies can be filled.
13. Budget Amendment for Two New Crossing Guards for Newport Heights Neighborhood
Schools [38/100-2018]
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 Budget Amendment No. 19BA-010 appropriating $20,034.00 from the unappropriated
General Fund Balance to Account No. 01035354-811008.
14. Amendment No. 2 to Crossing Guard Services Agreement (C-8521-1) [38/100-2018]
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. 2 to the Services Agreement with All City Management Services, Inc.
of Santa Fe Springs, California, and authorize the Mayor and City Clerk to execute the
Amendment; and
c) Approve Budget Amendment No. 19BA-011 appropriating $10,017.00 from the unappropriated
General Fund Balance to Account No. 01035354-811008.
15. Amendment No. Four to the Agreement with Newport Beach & Company for the
Management of NBTV Programming and Operations (C-5762) [38/100-2018]
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 City Manager to execute Amendment No. Four to the current Professional
Services Agreement with Newport Beach & Company for the Management of NBTV
Programming and Operations. Amendment No. Four would be subject to approval by the City
Attorney and would: (1) extend the term of the agreement an additional four months (to expire
on January 31, 2019); and (2) add $50,000 to the agreement for a new not -to -exceed total of
$730,000. The not -to -exceed total includes the original agreement and the four subsequent
amendments.
16. Amendment No. One to Professional Services Agreement with Harris Miller Miller &
Hanson, Inc. for John Wayne Aircraft Noise Abatement Departure Procedure (NADP)
Analysis (C-7297-2) [38/100-2018]
a) Determine this action is exempt from tie 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 current Professional Services Agreement with Harris
Miller Miller & Hanson, Inc. for John Wayne Aircraft Noise Abatement Departure Procedure
(NADP) Analysis for the additional analytical work requested, add $30,000 to the contract for a
new total not -to -exceed value of $140,000, and authorize the Mayor and City Clerk to execute
Amendment No. 1 to the agreement.
MISCELLANEOUS
17. Planning Commission Action Report for the September 13, 2018 Special Meeting [100-
2018]
Receive and file.
Motion by Council Member Peotter, seconded by Council Member Dixon, to approve the
Consent Calendar, except for the pulled items (Items 5, 8 and 9); and noting the continuance of
Item 3, "no" vote by Council Member Muldoon on Item 4, and recusal by Council Member Muldoon on
Items 6, 7 and 11.
The motion carried by the following roll call vote:
Ayes: Council Member Dixon, Council Member Herdman, Council Member Muldoon, Council
Member Peotter, Mayor Pro Tem O'Neill
Absent: Council Member Avery, Mayor Duffield
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
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September 25, 2018
5. Newport Bay Water Wheel Project — Adoption of Mitigated Negative Declaration
(C-7127-2) [38/100-2018]
Public Works Director Webb and Senior Civil Engineer Kappeler utilized a PowerPoint presentation
to discuss the purpose of the project, how the water wheel works, the proposed site, debris booms,
and the proposed project schedule.
Council Member Muldoon expressed support for the project, and thanked staff and the stakeholders
for their hard work on making this project possible.
Council Member Dixon commended the work of former and current Water Quality/Coastal
Tidelands Committee members and to staff for attaining $1.8 million in State grant money. In
response to her questions, Senior Civil Engineer Kappeler noted there are two water wheels in
Baltimore, Maryland, but Denver, Colorado, and Savannah, Georgia, are currently considering
them, and confirmed the Newport Bay Conservancy supports the project.
Council Member Peotter noted the water wheel will assis preventing debris from affecting
sensitive environmental areas.
Council Member Herdman noted he is the Vice Chair of the Water Quality/Coastal Tidelands
Committee and commended Senior Civil Engineer Kappeler for his work to secure funding.
I
Mark Ward, Help Your Harbor, discussed the organizations involved in the consortium, why it was
formed, and the data collected during harbor clean-up events. He noted Patagonia also provided
funding for the project and thanked Council for their support.
Billy Dutton commended the Water Quality/Coastal Tidelands Committee for making this a priority.
He also thanked Mayor Duffield, Sen Civil Engineer Kappeler and Assistant City Engineer Stein
for all their efforts. IV
Jim Mosher referenced the mitigated negative declaration, questioned if staff worked with the
residents who reside adjacent to the project, discussed The Irvine Company's comment letter, and
questioned staff's response.
In response to Council Member MuIdoon's question, Senior Civil Engineer Kappeler discussed the
placement of the water wheel, the public outreach, and staff's response to the comment letter.
Motion by Council Member Peotter, seconded by Council Member Dixon, to a) adopt
Resolution No. 2018-67, A Resolution of the City Council of the City of Newport Beach, California,
Adopting Mitigated Negative Declaration No. ND2018-002 (SCH#2018081013) for the Newport Bay
Water Wheel Project (PA2018-153), pursuant to the California Environmental Quality Act, State
CEQA Guidelines and City Council Policy K-3; b) approve Budget Amendment No. 19BA-008
recognizing revenue from the Ocean Protection Council in the amount of $1,680,000 (13801-431135-
17X12) and appropriating $1,680,000 to 13801-980000-17X12 for Newport Water Wheel project
contingent upon approval of the grant award by Ocean Protection Council; and
c) authorize the Mayor and City Clerk to execute Cooperative Agreement with Ocean Protection
Council for grant funding of Newport Bay Water Wheel contingent upon notification of grant award
and review by the City Attorney's Office.
The motion carried by the following roll call vote:
Ayes: Council Member Dixon, Council Member Herdman, Council Member Muldoon, Council
Member Peotter, Mayor Pro Tem O'Neill
Absent: Council Member Avery, Mayor Duffield
8. Resolution No. 2018-71: Amending Various Responsibilities of the Finance Committee
[100-2018]
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Mayor Pro Tem O'Neill, Finance Committee Chair, and Finance Director Matusiewicz discussed the
process that led to the proposed amendments.
Jim Mosher asked about the status of the Finance Committee goals regarding maximizing revenues
and reducing costs. Mayor Pro Tem O'Neill explained Finance Committee Member Tucker
recommended amending this language since it is not within the committee's purview.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, 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. 2018-71, A Resolution
of the City Council of the City of Newport Beach, California, Amending Various Responsibilities of
the Finance Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Dixon, Council Member Herdma ouncil Member Muldoon, Council
Member Peotter, Mayor Pro Tem O'Neill
Absent: Council Member Avery, Mayor Duffield
9. Resolution No. 2018-72: Amending City Council Reserve Policy F-2 [100-2018]
lmd
Council Member Peotter reviewed his understanding of the promised reserve policy, believing it
would reduce the City's reserves, and indicated he is not in favor of doing that.
In response to Council questions, Finance Director Matusiewicz discussed the Finance Committee's
considerations relative to the Ca1PERS discretionary payments and how it relates to reserves,
confirmed the 25% of budgeted expenditures represents approximately $50 million, and explained
the purpose of Reserve Policy F-2.
Mayor Pro Tem O'Neill noted the policy WTs reviewed at numerous Finance Committee and
subcommittee meetings, discussed the contingency reserve fund amount and how the City Manager
creates the annual budget, and explained the methodology behind the proposed amendments,
especially as it relates to the City's unfunded pension liability.
Motion by Council Member Dixon, seconded by Council Member 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) adopt Resolution No. 2018-72,
A Resolution of the City Council of the City of Newport Beach, California, Amending City Council
Reserve Policy F-2.
The motion carried by the following roll call vote:
Ayes: Council Member Dixon, Council Member Herdman, Council Member Muldoon, Mayor Pro
Tem O'Neill
Noes: Council Member Peotter
Absent: Council Member Avery, Mayor Duffield
XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Tony Hays, Ghada (utilized a PowerPoint presentation), Laura, Amanda, and Michelle (provided a
handout) expressed concerns relative to the Transportation Corridor Agency (TCA).
Ryan Reza Farsat discussed issues he is having with the Belcourt Park Homeowners Association and
provided handouts.
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Scott Richter, an unknown speaker, Pat Wolfuss, Ron Meskis, and Joy Brenner voiced concerns
regarding the Newport Aquatic Center (NAC).
In response to Mr. Richter's comments, Mayor Pro Tem O'Neill confirmed the City is aware of the
concerns and is being responsive.
Tracy Craig, Ford Motor Company, provided a handout and invited Council and the public to the
upcoming open house on September 27, 2018.
Jim Mosher commented on the JWA General Aviation Improvement Program and discussed his
concerns relative to the accuracy of the draft environmental impact report.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVII. PUBLIC HEARINGS
18. Call for Review of the Approval of the Variance and Coastal Development Permit for
3200 Ocean Boulevard (PA2017-208) [100-20181
Mayor Pro Tem O'Neill reported the applicant requested a continuance and noted the California
Coastal Commission will be reviewing a variance issue related to the project in December.
Motion by Council Member Peotter, seconded by Council Member Muldoon, to continue
the item until after the Coastal Commission has made its decision.
The motion carried by the following roll call vote:
Ayes: Council Member Dixon, Council Member Herdman, Council Member Muldoon, Council
Member Peotter, Mayor Pro Tem O'Neill
Absent: Council Member Avery, Mayor Duffield
19. Minor Amendments to the City's Local Coastal Program (LCP) LC2017-002 [100-2018]
Mayor Pro Tem O'Neill opened the public hearing.
Jim Mosher expressed concerns with the proposed language relative to calls for reviews and minor
developments, and believed City staff indicated they would provide a list of LCP waiver decisions
on the City's website.
Hearing no further testimony, Mayor Pro Tem O'Neill closed the public hearing.
Motion by Council Member Dixon, seconded by Council Member Peotter, to a) find the
action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act.
Section 15265(a)(1), which exempts local governments from the requirements of preparing an
environmental impact report or otherwise complying with CEQA in connection with the adoption of
a Local Coastal Program; and b) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2018-16, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 21 of the Newport Beach Municipal Code to Approve Local Coastal
Program Amendment No. LC2017-002, as Modified by the California Coastal Commission, and pass
to second reading on October 9, 2018.
The motion carried by the following roll call vote:
Ayes: Council Member Dixon, Council Member Herdman, Council Member Muldoon, Council
Member Peotter, Mayor Pro Tem O'Neill
Absent: Council Member Avery, Mayor Duffield
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XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 9:00 p.m. in memory of Barry Allen
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
September 20, 2018, at 4:00 p.m.
Leilani I. Brown
City Clerk
Marshall "Duffy" Duffield
Mayor
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