HomeMy WebLinkAbout01 - MinutesMay 28, 2019
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Special Joint Meeting with the Finance Committee
May 14, 2019
I. CALL MEETING TO ORDER - 4:00 p.m.
II. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon
(arrived at 4:12 p.m.), Council Member Joy Brenner, Finance Committee Member William
Collopy, Finance Committee Member John Reed, Finance Committee Member Joseph
Stapleton, Finance Committee Member Larry Tucker
III. CURRENT BUSINESS
A. Review of the Proposed Fiscal Year 2019-20 Budget
Council Member Muldoon recused himself during Assessment District Nos. 114 and 114b
discussions due to business interest conflicts.
Finance Director Matusiewicz provided a PowerPoint presentation to discuss the principles used in
the development of the budget, key points, the budget timeline, the transparency portal and video
tutorial, proposed budget summary, operating budget, General Fund sources and uses, proposed
General Fund surplus allocations, revenue sources, expenditures, and transfers, notable program
enhancements, Internal Service Fund charges, changes in full-time staffing since 2009, the
accelerated Ca1PERS payment history, unfunded pension liability payment comparisons between
Orange County cities, the pension fund status projection, and available unrestricted resources. City
Manager Leung highlighted the proposed budget revisions, reported on the City's budget stability,
emphasized the need to look at aging infrastructure, and highlighted challenges with sales tax,
Transient Occupancy Tax (TOT), and unfunded pension liability.
Mayor Pro Tem O'Neill explained the difference between the various funds, discussed the purpose of
the Facilities Financial Plan (FFP), and commended the City's approach to the pension issue
compared to other Orange County cities.
In response to Council questions, Finance Director Matusiewicz explained transfer-in/reclassification
amounts and discussed airport -related costs.
Mayor Dixon commended staff for consistently trying to hold the line on budget spending and staffing,
but questioned if it is more feasible to hire staff than to contract out staffing. Council Member
Herdman indicated, if staffing were to increase, it could occur to assist with enforcement.
Council Member Muldoon commended all City employees for working with the City to assist with the
pension issue and encouraged the City to continue with the fresh start program at the highest level
feasible.
Proposed Budget Revisions:
City Manager Leung discussed the sculpture garden funding sources and indicated it would be better
to move it to a more restrictive fund.
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City of Newport Beach
Special Joint Meeting with the Finance Committee
May 14, 2019
Council Member Herdman requested a one-time $10,000 payment for the Orange County River Park
Project.
Regarding the request for two additional motorcycle traffic officers, discussion ensued relative to the
need and justification for the officers, other duties they may perform, requests for more enforcement,
the number of graduates from the police academy, and how all the vacancies will be filled within the
next year in the Police Department. Mayor Pro Tem O'Neill and Council Member Muldoon indicated
they would need to see more data prior to making a decision. Council Member Avery stated his district
repeatedly requests more police presence for traffic and crime prevention. Mayor Dixon noted her
district receives most of the visitors, has concerns about public safety, requires a lot of police attention,
and could use more officers; however, agreed staff should come back with data related to traffic issues.
Council Member Brenner expressed support for the request, believing police presence is a deterrent
to bad behavior and this is a cost the City should bear to keep maintain its property taxes.
Mayor Pro Tem O'Neill suggested removing the motorcycle officer request from the budget revision
list, but bringing it back as a separate item after the budget is adopted since more analysis is needed.
Finance Committee Member Stapleton stated he is proud that the City can focus on major issues like
services, capital improvements, maintenance and improvements, and paying down unfunded pension
liability. He noted that, while other cities may need to use reserves, Newport Beach will have fully
funded reserves and can continue to discuss surpluses and paying down unfunded pension liabilities.
Finance Committee Member Tucker reviewed the increase in unfunded pension liability over the
years, suggested the City plan for beyond the 15 year payment period, and noted the City is doing a
good job with its unfunded pension liability payments but this might be something it cannot handle
on its own in the future.
Jim Mosher discussed the Costa Mesa Sanitary District's budget and requested the City also
breakdown each line item and include it on the online version. He also questioned Council's wages
listed in the budget. Revenue Manager Oiangrande explained the salary discrepancy, reported on
Council's salaries, and confirmed it conforms with the City Charter. City Manager Leung indicated
staff can look at providing more detail in the next budget for significant dollar expenditures.
Mayor Dixon and Mayor Pro Tem O'Neill thanked current and past Finance Committee members,
and staff, and assured everyone the City continues to take its fiduciary duties very seriously.
IV. PUBLIC COMMENTS - None
V. ADJOURNMENT - 5:27 p.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 May 9, 2019, at 4:00 p.m.
Leilani I. Brown
City Clerk
Diane Brooks Dixon
Mayor
Volume 64 - Page 96
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
May 14, 2019
I. ROLL CALL - 5:38 p.m.
II.
Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield,
Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill,
Mayor Diane Dixon
SSI. Clarification of Items on the Consent Calendar
In response to Council questions regarding Item 11, Administrative Manager Crespi discussed
the agreement with Red 88 Media, LLC to produce the annual Junior Lifeguard program video
clips.
Council Member Brenner requested and received clarification from City Clerk Brown on the
process for amending draft minutes prior to being approved by Council (Item 1).
SS2. Public Works Week Proclamation
Mayor Dixon presented Public Works Director Webb with a proclamation that he accepted on
behalf of his entire department.
SS3. City Emergency Council Update
Fire Chief Duncan and Emergency Services Coordinator Eing utilized a PowerPoint
presentation to discuss recent emergency management activities, what an emergency council is,
the timeline for Newport Beach's emergency council, how often the council would meet, and
possible changes to the Newport Beach Municipal Code pertaining to emergency management.
Discussion ensued between staff and Council regarding the City's tsunami sirens and drills, the
most recent emergency management exercise, how the emergency council meetings would be
conducted, who would be represented on the emergency council, how often it should meet, how
often other cities' emergency management councils are meeting, creating new role playing
disaster drills for staff and the City Council, finding funding to purchase larger fire boats in the
event of a plane crash in the Harbor, additional City resources available for emergencies, the
consideration of forming a Council subcommittee, and purpose of the Community Emergency
Response Team (CERT).
Tom Callister, CERT volunteer, suggested the City create an emergency advisory committee
made up of citizens and voiced concerns about the lack of emergency related resources in
Newport Beach.
Jim Gula believed the main function of the emergency council should be planning for disasters
and suggested it include a diverse group of citizens.
Council Member Muldoon concurred that the emergency council should be focusing on planning
for a disaster and voiced support for creating a subcommittee.
Mayor Dixon encouraged utilizing CERT volunteers to provide community -wide education so all
citizens are prepared in the case of a disaster.
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City of Newport Beach
Study Session and Regular Meeting
May 14, 2019
III. PUBLIC COMMENTS - None
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
items listed in the Closed Session agenda and read the titles.
IV. 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, and Barbara Salvini, Human Resources Director; Labor Negotiators.
Employee Organizations: Lifeguard Management Association (LMA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1 Newport Pier, Newport Beach, California 92663
Agency Negotiator: Seimone Jurjis, Community Development Director
Lauren Wooding, Real Property Administrator
Negotiating Parties: Blue Water Grill
Under Negotiation: Instruct negotiator as to price and terms of payment
V. RECESSED - 6:40 p.m.
VI. RECONVENED AT 7:11 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield,
Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill,
Mayor Diane Dixon
VIII. CLOSED SESSION REPORT -None
IN. INVOCATION - Pastor Cindy William, Newport Center United Methodist
X. PLEDGE OF ALLEGIANCE - Council Member Brenner
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member Avery:
Attended the Orange County Sanitation District Operations Committee meeting, toured the
sanitation plant in Huntington Beach, and, along with Council Member Brenner, the 2Wh
Anniversary of the CERT Program
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City of Newport Beach
Study Session and Regular Meeting
May 14, 2019
Council Member Duffield:
• Attended the Water Quality/Coastal Tidelands Committee meeting
Council Member Muldoon:
• Attended the Secure OC Schools breakfast with Police Chief Lewis and the Special Olympics
Southern California kick-off event
Council Member Brenner:
• Attended, along with Public Works Director Webb, a panel regarding infrastructures in Orange
County that was hosted by Congressman Harley Ronda (provided a slide), a ride -along with Police
Officer Yim and case workers from City Net to meet with local homeless individuals, the Orange
County Board of Supervisors meeting regarding JWA, Harbor View Elementary School's
Tchaikovsky concert, the Speak Up Newport meeting on May 8, 2019, the Corona del Mar Chamber
of Commerce Community and Government Affairs meeting, and a play at Mariner's Elementary
School
Council Member Herdman:
Attended the Orange County Airport Commission meeting, the Orange County Board of Supervisors
meeting regarding JWA, the Water Quality/Coastal Tidelands Committee meeting, opening day at
Balboa Yacht Club and Newport Harbor Yacht Club, and the Orange County Mosquito and Vector
Control District training
Spoke at the recent Stop Polluting Our Newport (SPON) meeting
Recognized the hundreds of citizens that have attended numerous JWA-related meetings and
written letters voicing their concerns about JWA traffic, and Harbor Master Borsting for his
presentation at the Water Quality/Coastal Tidelands Committee meeting
Mayor Pro Tem O'Neill
• Attended the City's Youth Track Meet, the Boys & Girls Club groundbreaking in Costa Mesa, and
the Special Olympics Southern California kick-off event
• Commended Aidan Elbettar, a Junior from Newport Harbor High School, who won the CIF
Southern Section titles for discus and shot put
• Encouraged everyone to see the Ben Carlson documentary, Part of Water, at Newport Harbor High
School on May 18, 2019
• Announced that the City conducts many special needs programs through the recreation
department, the Field of Honor's Armed Forces Day event on May 18, 2019, and the Police
Department Open House on May 19, 2019
Mayor Dixon:
• Attended the Newport Beach Film Festival, the start of the Newport to Ensenada International
Yacht Race, the Newport Beach Chamber of Commerce's scholarship awards dinner, opening days
for several yacht clubs, and the Special Olympics Southern California kick-off event
• Participated on a ride -along with Police Chief Lewis
• Utilized slides to announce that the Board of Supervisors will hold the continued meeting to discuss
JWA general aviation on May 21, 2019, Ineredibles 2 will be playing at Marina Park on May 17,
2019, Field of Honor runs from May 17, 2019 to Memorial Day, and theWestern Snowy Plover
community meeting will be held on May 20, 2019 at Marina Park
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher suggested the City allow the public to pull items off the Consent Calendar for separate
discussion, similar to what the County of Orange allows, and took issue with the manner in which the
Homeless Task Force members were selected (Item 3).
At Mayor Dixon's request, City Clerk Brown detailed the selection process for the Homeless Task Force
members.
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City of Newport Beach
Study Session and Regular Meeting
May 14, 2019
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 9, 2019 and April 23, 2019 City Council Meetings [100-2019]
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.
RESOLUTIONS FOR ADOPTION
3. Confirmation of Citizen Appointments and Increase in the Number of Council Member
Representatives to the Homeless Task Force [241100-2019]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Confirm Mayor Diane B. Dixon's appointments of Helen Cameron, John Heffernan, Terry
Moore, Thomas Peterson, David Snow, Cindy Voorhees and Jean Wegener to the Homeless Task
Force;
c) Adopt Resolution No. 2019-42, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Membership of the Homeless Task Force; and
d) Confirm Mayor Diane B. Dixon's appointment of Council Member Joy Brenner to serve as the
third City Council representative to the Homeless Task Force.
4. Resolution No. 2019-43: Initiation of Building and Construction Code, Zoning Code and
LCP Amendments Related to Residential Massingand Cottage Preservation (PA2019-070)
[100-2019]
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-43, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 Entitled `Planning and Zoning" and Title 21
Entitled `Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal
Code Related to Massing of Three Story Residential Structures and Development Standards for
Small Beach Cottages (PA2019-070).
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5. Jamboree Road Median Landscape Turf Replacement Project - Notice of Completion for
Contract No. 8151-2 (161,02) [38/100-2019]
a) On November 13, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project; and
c) 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 release
Faithful Performance Bond one year after acceptance by the City Council.
6. Traffic Signal Rehabilitation Project - FY2017-18 - Notice of Completion for Contract
No. 7314-1 (18T01) [38/100-2019]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion of an existing
use) of the CEQA Guidelines, because this project has no potential to have a significant effect
on the environment;
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City of Newport Beach
Study Session and Regular Meeting
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b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
c) 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
d) Release Faithful Performance Bond one (1) year after acceptance by the City Council.
Out of an abundance of caution, Council Member Muldoon recused himself from Item 6
due to business interest conflicts.
Big Canyon Reservoir Flow Metering Vault and Treatment Improvements - Notice of
Completion for Contract No. 6104 (16W13) [38/100-2019]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On August 8, 2017, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302 (c);
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 Faithful Performance Bond one year after acceptance by City Council.
S. Newport Beach Junior Lifeguard Building Design - Approval of Professional Services
Agreement (C-7524-1) (19F13) [38/100-2019]
a) Determine this action of hiring a design consultant is not subject to the California
Environmental Quality Act (`CEQA') pursuant to 15060(c)(3), in that the activity is not a project
as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3. The retention of a design consultant does not authorize any specific development or
project and would only provide preliminary conceptual design options for a potential future
project that would be subject to subsequent environmental review; and
b) Approve a Professional Services Agreement with JKA of San Diego, California, for Newport
Beach Junior Lifeguard Building project at a not -to -exceed price of $420,000.00, and authorize
Mayor and City Clerk to execute the Agreement.
9. Approval and Award of Three (3) Maintenance and Repair Services Agreements for
As -Needed Painting Services [38/100-2019]
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 (3) on-call maintenance and repair and painting services agreements for three-
year terms with Black and White Painting, Inc. (C-8592-1), Piana Construction & Painting, Inc.
(C-8592-2), and TL Veterans Construction, Inc. (C-8592-3) for a total of $300,000 per agreement,
and authorize the Mayor and City Clerk to execute the agreement(s).
10. Amendment No. One for As -Needed Plant Healthcare Services with RPW Services, Inc.
(C-7116-1) [38/100-2019]
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 with RPW Services, Inc. for As -Needed Plant Healthcare Services
to extend the expiration date by two years and increase the contract amount by $120,000, for a
new multi-year not -to -exceed total of $240,000, and authorize the Mayor and City Clerk to sign
the amendment.
11. Approve Two Professional Services Agreements with Red 88 Media, LLC for Video
Production Services (C-8593-1) [38/100-2019]
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;
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City of Newport Beach
Study Session and Regular Meeting
May 14, 2019
b) Approve a five-year Professional Services Agreement with Red 88 Media, LLC for production of
the annual Junior Lifeguard program video for a total not -to -exceed amount of $235,953.52
($45,000 to $50,000 per year), and authorize the Mayor and City Clerk to execute the agreement;
and
c) Approve a one-year On -Call Professional Services Agreement with Red 88 Media, LLC to provide
the City Manager's Office with strategic, comprehensive, and educational video production
services for a not -to -exceed amount of $9,000, and authorize the City Manager and City Clerk
to execute the agreement.
12. Professional Services Agreement for the Collection of Delinquent Accounts (C-8594-1)
[38/100-2019]
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 execute the attached Agreement in an amount not to exceed $500,000
over a five-year term with Ray Klein, Inc., dba Professional Credit Service, a Washington
company, for professional services.
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13. Planning Commission Agenda for the May 9, 2019 Meeting [100-2019]
Receive and file.
14. Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF) [100-2019]
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 Budget Amendment No. 19BA-045 appropriating expenditures of $182,000 to the
GEMT QAF (account 01040404-821009 of the Fire Department) and increasing estimated
revenues by $171,000 in Fiscal Year 2019/20; and
c) Authorize Finance Department staff to execute an administrative budget amendment
appropriating approximately $145,000 to the GEMT QAF (account 01040404-821009 of the Fire
Department) and increasing estimated revenues by approximately $135,000 in the Paramedic
Service Fee (account 01040404-521245 of the Fire Department) in the Fiscal Year 2019/20
budget upon the state's establishment of the annual quality assurance fee rate.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the recusal by Council Member Muldoon on Item 6.
The motion carried unanimously.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Dave Shapiro, Chair of the Exchange Club of Newport Harbor, provided a handout to announce the
upcoming 10th Annual Field of Honor event and thanked Council for all their support in making the
event possible.
Council Member Muldoon recused himself on any Newport House Project discussions due to
business interest conflicts.
The following individuals expressed opposition to the proposed Newport House Project due to concerns
regarding safety, parking, increased traffic, changes in neighborhood ambiance, and zoning, and
requested the Planning Commission and City Council deny the project.
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City of Newport Beach
Study Session and Regular Meeting
May 14, 2019
XVII.
• Jessica Susolik, Chair of Port Street Surveillance Committee
• Polly Hackathorn
• Denise Schrenberg
• Timothy Owen
• Carol Hatch (displayed photos)
• Janice Grace
• Jaime Faggella, AYSO Region 57
• Catherine Bartz
Nathan Searcy, Field Representative for Assemblywoman Cottie Petrie -Norris' office, provided an
update regarding Assembly Bill 65 (AB65). He also announced a "Coffee with Cottie" event on June 8,
2019, at Laguna Beach Fire Station 1.
Jim Mosher clarified his concerns regarding the process for appointing Homeless Task Force members.
He questioned why the recent Aviation Committee meeting was canceled so close to the Orange County
Board of Supervisors meeting regarding JWA and believed Newport Beach is not communicating a
united, coherent message to the Board of Supervisors.
Council Member Herdman and Mayor Dixon emphasized the community is more united than ever and
the message has always been that it does not want to see an increase in general aviation at JWA.
Susan Skinner voiced concerns of a possible Brown Act violation made by Council Member Duffield
during the February 12, 2019 Closed Session item regarding the Newport Aquatic Center (NAC), and
submitted a cure and correct letter to City Attorney Harp.
Russell Niewiarowski provided a letter to discuss damages to his home from the neighboring Newport
Beach Golf Course and requested the City support the area residents and keep the golf course liable for
damages caused by their customers.
Scott Richter requested an update regarding the NAC and voiced his concerns about Council Member
Duffields potential conflict of interest. City Attorney Harp indicated the City has sent a default of
ground lease notice to the NAC and will continue to monitor the situation. He also confirmed that, to
his knowledge, Council Member Duffield has no conflict of interest related to the NAC.
Randall English, representing the Newport Bay Conservancy, provided an update on the Big Canyon
Project.
In response to Council Member Brenner's questions regarding the NAC, Council Member Muldoon noted
that Council Member Duffield was not at the February 12, 2019 City Council meeting. City Attorney
Harp indicated he reviewed the letter from Ms. Skinner and affirmed that the City has fully complied
with the Brown Act in all its dealings with Closed Session matters.
CURRENT BUSINESS
15. Proposed Revisions to City Council Policy B-17 - Parks, Facilities and Recreation
Program Donations [100-2019]
Public Works Director Webb, Deputy Public Works Director Martin, and Park Maintenance
Supervisor Petrarca utilized a PowerPoint presentation to discuss issues of concern, review the
process, and highlight the proposed revisions, donation period, maintenance fee, types of benches
available, tree donations, donation plaques, items available for donation, donation inventory and
costs, and the donation map.
Discussion ensuedbetween Council and staff relative to the proposed costs for current bench donors
and how newly -donated items would be handled.
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City of Newport Beach
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Mayor Pro Tem O'Neill believed this should go back to the Parks, Beaches and Recreation
Commission due to his concerns with the ten year removal policy, believing the families should have
first right of refusal for the donated item and location. Further, the money for this program should
be placed in a restricted fund.
Council Member Avery believed no plaques should be allowed on any donation, there are too many
donated items throughout the City, and this is an equity issue. He also took issue that people believe
they own a part of City right-of-way when it belongs to everyone.
In response to Council questions, Public Works Director Webb and Deputy Public Works Director
Martin clarified when the donated item would be removed or relocated, when the new policy would
begin, questioned the process for contacting the family members, noted the amount of labor
associated with the current program, reported that 320 of the 700 benches in the City are donated,
and discussed maintenance issues with benches.
Council Member Muldoon expressed support for the program, while Mayor Pro Tem O'Neill and
Council Members Herdman and Brenner concurred with Council Member Avery's comments.
Nicole Lockhart, Dick Dale's niece, indicated the family would want to do something in his honor
and could probably maintain it on their own if it was affordable.
Jessica Susolik agreed with Council Member Muldoon, but suggested only allowing a family to have
the donation for ten years.
Jim Mosher believed the original intent of City Council Policy B-17 of adding park improvements is
lost when amendments are made, believed the policy needs to be rewritten with clear intent, and
agreed with Council Member Avery.
Council Member Avery believed, if the program continues, the City should not offer plaques or place
them on the donation where they cannot be seen, and should not allow the families to choose the
locations; however, options for locations can be provided. He emphasized the program should be
driven by the City's need for a bench or tree.
Motion by Mavor Pro Tem C?Neill, seconded by Council Member Herdman, to send City
Council Policy B-17 back to the Parks, Beaches and Recreation Commission to be revised in a similar
manner as suggested by Council Member Avery, and have it brought back to Council for approval.
With Council Member Muldoon voting no, the motion carried 6-1.
16. Approval and Adoption of the 2019 Water Master Plan (17W02) [100-2019]
Council Member Muldoon recused himself due to business interest conflicts.
Public Works Director Webb, Acting Deputy Public Works Director Sinacori, and Senior Civil
Engineer Tran utilized a PowerPoint presentation to review the background and purpose of the
Water Master Plan, the City's water supply, the existing system infrastructure, water system
modeling, hydraulic analysis results, the City's aging water infrastructure, recent water main
breaks, the proposed 30 -year water CIP budget, the current water CIP budget, and staff
recommendations.
Mayor Pro Tem O'Neill noted the correlation with amending the Water Master Plan and potentially
increasing the water rates, and pointed out the need for an increase in the Enterprise Fund for
water needs and the increase in water and administrative costs.
Mayor Dixon commented on the depletion of revenue when the City did so well cutting back on water
usage during the drought.
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Jim Mosher questioned why the staff report indicated the City would be adopting the Water Master
Plan every 30 years when the presentation seems to indicate every 10 years.
Mayor Pro Tem O'Neill clarified that the City would be reviewing the Water Master Plan in
10 years, not redoing it. He added that any water rate consideration will initially go before the
Finance Committee.
Motion by Mavor Pro Tem O'Neill, seconded by Mavor 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) review, approve and adopt the 2019 Water Master
Plan.
With Council Member Muldoon recusing himself, the motion carried 6-0.
17. Grant Howald Park Rehabilitation Project - Acceptance of Conceptual Design [100-2019]
Council Member Brenner recused herself due to real property interest conflicts and
Council Member Muldoon recused himself due to business interest conflicts.
Public Works Director Webb and Civil Engineer Cho utilized a PowerPoint presentation to review
the project's background, timeline, proposed undergrounding, cost estimates, and the Facilities
Finance Plan (FFP).
Craig Sensenbach and Tamara McClory, RJM, utilized a PowerPoint presentation to review
conceptual designs for the playground, soccer fields, streetscape, and interpretive garden.
Discussion ensued relative to whether the undergrounding should use Rule 20A funding and how
undergrounding would be managed and contracted.
In response to Council questions, Recreation and Senior Services Director Detweiler reviewed the
parks aging infrastructure, the high uses of the playground, community center, and sports fields,
the advantages of installing synthetic turf, especially since it can be used year round, and the
support and requests for synthetic turf. She confirmed the concept design was reviewed by the
Parks, Beaches and Recreation Commission. Public Works Director Webb added that the cost also
includes improving the existing restrooms, changing the lighting to LED, grading for sight distance
issues, benches and fixtures, and all the amenities. He further explained park in lieu fees and FFP
funding.
Council Member Duffield noted he attended Harbor View Elementary School, discussed how the
park was piecemealed together over the years, and expressed support for the project.
The following individuals expressed support for the project, especially due to the improvements to
the sports fields, all -year use of the synthetic turf, the ability for all sports to use the fields, water
conservation, and easier maintenance, and requested the City install synthetic turf at other
locations:
• Brett Eckles, former president of AYSO Region 97
• Mark Arblaster, Newport Mesa Soccer Club
• Jaime Faggella, AYSO Region 57
• Preston Kenney, Region Commissioner of AYSO 97
Volume 64 - Page 105
City of Newport Beach
Study Session and Regular Meeting
May 14, 2019
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Avery, to a) determine this
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301
Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction) of CEQA
Guidelines, because this project involves the maintenance of existing facilities and will be
reconstructing existing facilities on the same site as the structure [facility] replaced. The project
will have substantially the same purpose as the structure [facility] replaced. A categorical
exemption was filed with the Orange County Clerk -Recorder's office on March 15, 2019; b) review
and approve the Conceptual Design and Project Budget, including moving forward with the
undergrounding; and c) direct staff to proceed with the final park rehabilitation construction
documents.
With Council Members Brenner and Muldoon recusing themselves, the motion carried 5-0.
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT -Adjourned at 9:58 p.m. in memory of Dick Dale and Beth Morley
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 May 9,
2019, at 4:00 p.m.
l';
Leilani I. Brown
City Clerk
Diane B. Dixon
' Mayor
Volume 64 - Page 106