HomeMy WebLinkAbout07/09/2019 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 9, 2019
I. CALL MEETING TO ORDER - 7:00 p.m.
II. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
III. INVOCATION - Reverend James Pike, Lutheran Church of the Resurrection
IV. PLEDGE OF ALLEGIANCE - Council Member Avery
V. NOTICE TO THE PUBLIC
VI. PRESENTATIONS
A. Recognition to Debbie Brostek for Her Efforts with the Newport Harbor High School
Mentorship Program
Mayor Dixon read the proclamation and presented it to Debbie Brostek who thanked the City.
Mayor Pro Tem O'Neill and Council Member Avery discussed and commended the Mentorship
Program.
B. Orange County Human Relations (OCHR) Annual Report
James McQueen and Minzah Malik, Orange County Human Relations (OCHR) Board Members,
provided Council with OCHR's annual report, discussed OCHR's accomplishments, programs, and
resources provided to the City, and presented the City with a Certificate of Appreciation.
VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Duffield:
• Announced the birth of his granddaughter, Peyton Palmer Duffield
Council Member Muldoon:
• Thanked and recognized Recreation and Senior Services Director Detweiler and her staff, the Police
Department and the Fire Department for providing another safe and sane 4th of July
• Attended the Mariners Park Independence Day Parade, along with his wife and son
• Requested a staff report regarding installing earthquake notification technology be placed on a
future agenda
Council Member Brenner:
• Attended the Business Improvement District (BID) Ad Hoc Committee meeting with Council
Member Herdman and Mayor Dixon, and the 4th of July Old Glory Boat Parade with Mayor Dixon
• Toured the utilities undergrounding sites in Corona del Mar and on the Balboa Peninsula with
Assistant City Engineer Sinacori
• Met with Board of Directors from Discovery Cube regarding the OceanQuest project; Assistant
General Manager, Tim Steed, from the Orange County Employees Association; and Ken and Derek
Picerne regarding the new plans for the Koll Center Project
• Announced the upcoming grand opening of the Corona del Mar Branch Library and Fire Station on
July 20th
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Council Member Herdman:
• Read an email from Larry Fortmuller with the Red Cross regarding the status of relief to those
impacted by the recent earthquakes
Mayor Pro Tem O'Neill
• Recognized and thanked Recreation and Senior Services Director Detweiler and her staff for the job
well done on the July 4th events
• Attended the Mariners Park Independence Day Parade; and the Ben Carlson Day Ceremony at the
Junior Lifeguard Headquarters
• Announced the upcoming Homeless Task Force meeting on July 22nd
Mayor Dixon:
• Requested information about Council's duties during an emergency
• Thanked Recreation and Senior Services Director Detweiler, her staff, and the Police and Fire
Departments for a job well done on the 41h of July
• Attended the July 41h is for Families Newport Peninsula Bike Parade and Community Festival; the
Mariners Park Independence Day Parade; the Old Glory Boat Parade; the Ben Carlson Day
Ceremony; a ride -along with the Chief of Police throughout District 1 during July 41h; Concert on
the Green on July 7th; the Balboa Island Improvement Association quarterly meeting; and the
Airport Working Group's annual meeting on July 8th
• Displayed a slide to inform residents on how they can assist in selecting Vote Center locations by
going to www.ocvote.com/votecenter and selecting Public Input
Jim Mosher announced that Mayor Pro Tem O'Neill would be holding office hours on July 10th from
8:00 a.m. to 10:00 a.m. and encouraged the public to visit him.
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of Forming a Traffic Affairs Committee (Brenner)
The City Council unanimously concurred to place the matter on a future agenda.
IX. PUBLIC COMMENTS ON CONSENT CALENDAR
City Attorney Harp clarified that all appointed members of the design committee for the proposed
Library Lecture Hall (Item 8) must be a resident of the City, Karen Clark was a former member of the
Library Board of Trustees, and the resolution is correct and can be approved.
Jim Mosher requested Council vote no on the amendment to the agreement with Southland Landscape
Maintenance (Item 11) and voiced his concerns regarding the not to exceed contract amount increase.
Regarding Item 11, City Attorney Harp, City Manager Leung and Public Works Director Webb
confirmed that the agreement is not in violation of the State Constitution, described the Citywide
contract administration process, and explained that this contract situation is highly unusual.
X. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 25, 2019 City Council Meeting [100-20191
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.
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ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2019-11: Amending the Newport Beach Municipal Code to Allow
Homeowners' Associations to Opt Out of the Saturday Construction Noise Restrictions
and Project Signage Requirements [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) Introduce amended Ordinance No. 2019-11, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Sections 10.28.040 and 15.16.010 of the Newport Beach
Municipal Code, to Provide a Process for Homeowners' Associations to Opt Out of Saturday
Construction -Related Noise Regulations and Temporary Construction Project Signage
Requirements, and pass to second reading on July 23, 2019.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2019-66: Acceptance of Grant Funds from the California Department of
Alcoholic Beverage Control (C-8108-2) [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;
b) Approve the grant contract and accept the California Department of Alcoholic Beverage Control
(ABC) 2019-20 Alcohol Policing Partnership Program (APP) grant award in the amount of
$25,000, and authorize the Chief of Police to execute the agreement;
c) Approve Budget Amendment No. 20-001CC to increase revenue estimates by $25,000 in the
ABC grant account, No. 01035352-431472-G2002, and to increase expenditure appropriations
by the same amount in the Detective division; and
d) Adopt Resolution No. 2019-66, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Acceptance of the California Department of Alcoholic Beverage
Control FY 2019-20 Alcohol Policing Partnership Grant Award and Authorizing the Chief of
Police to Act as "Authorized Agent" to Execute on Behalf of the City Any Documents and Take
Any Action Necessary to Secure Payment and Implementation of the Grant to Supplement the
Police Department's Alcohol Education and Enforcement Efforts.
Resolution No. 2019-67: Participation in the Medi -Cal Managed Care Rate Range
Intergovernmental Transfer Program to Increase Reimbursement for Ambulance
Transport Services (C -8085-2C) [381100-2019]
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) Adopt Resolution No. 2019-67, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and
Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate
in the Fiscal Year 2018-2019 Medi -Cal Rate Range Intergovernmental Transfer (IGT) Program;
and
c) Approve Budget Amendment No. 20-002CC increasing revenues estimates and expenditure
appropriations related to the Medi -Cal IGT Program. Additional revenues are estimated at
$643,254 in account number 01040404-431246 (Medi -Cal IGT Program) and increased
expenditure appropriations are estimated at $321,768 in expenditure account number
01040404-821008 (Medi -Cal IGT Program).
6. Resolution No. 2019-68: Increase of On -Street Parking Time Limit on Coast Highway
within Corona del Mar Commercial District [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
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b) Adopt Resolution No. 2019-68, A Resolution of the City Council of the City of Newport Beach,
California, Limiting the Parking of Vehicles on Certain Streets and Repealing Resolution
No. 2016-36.
Council Member Brenner recused herself on Item 6 due to real property interest conflicts.
7. Resolution No. 2019-69: Formation of an Ad Hoc Committee on Short Term Lodging [100-
20191
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. 2019-69, A Resolution of the City Council of the City of Newport Beach,
California, Creating an Ad Hoc Committee on Short Term Lodging; and
c) Confirm Mayor Diane B. Dixon's appointments of Mayor Diane B. Dixon, Council Member Joy
Brenner, and Council Member Jeff Herdman to the Ad Hoc Committee on Short Term Lodging.
8. Resolution No. 2019-70: Establishment of a Design Committee for the Proposed Newport
Beach Library Lecture Hall [100-20191
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) Adopt Resolution No. 2019-70, A Resolution of the City Council of the City of Newport Beach,
California, Creating a Newport Beach Library Lecture Hall Design Committee; and
c) Confirm Mayor Diane B. Dixon's appointments of Mayor Diane B. Dixon, Karen Clark, Jill
Johnson -Tucker, Janet Ray, and Matthew Witte to the Library Lecture Hall Design Committee.
Council Member Duffield voted no on Item 8.
CONTRACTS AND AGREEMENTS
9. Balboa Village Streetscape Improvements — Notice of Completion for Contract No. 7489-
1 (17R11) [38/100-20191
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;
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
d) Release Faithful Performance Bond one year after acceptance by the City Council.
10. Water Well Rehabilitation (Tamura Deep Well) — Award of Contract No. 7427-2 (19W04)
[381100-20191
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion
of capacity) of the CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No 7427-2 to General Pump Company, Inc. for the total bid price of $473,660.00,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $48,000.00 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
11. Amendment No. Three to Maintenance Repair Services Agreement with Barron Hurlbut
dba Southland Landscape Maintenance (C-3494) [381100-2019]
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
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b) Approve Amendment No. Three to the Maintenance Services Agreement with Barron Hurlbut
dba Southland Landscape Maintenance and Installation for Weed Abatement Service to
increase the not -to -exceed amount by $50,850 for a total not -to -exceed amount of $1,043,000,
and authorize the Mayor and City Clerk to execute the amendment.
Council Members Avery and Duffield recused themselves on Item 11 due to real property
interest conflicts.
12. Amendment No. One with Hardy & Harper, Inc. for On -Call Asphalt Repair Services
(C-8508-1) [381100-2019]
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 to the current on-call maintenance/repair services agreement
with Hardy & Harper, Inc. to increase the not -to -exceed amount by $400,000 for a total amount
not -to -exceed $600,000, extend the term of the agreement to June 26, 2022, and authorize the
Mayor and City Clerk to execute the amendment.
13. School Resource Officer Program Agreement (C-8510-3) [381100-2019]
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; and
b) Approve the Agreement between the City of Newport Beach and NMUSD to participate in the
School Resource Officer Program ("Agreement"), and authorize the Mayor to execute the
Agreement on behalf of the City.
14. Agreement for the Temporary Assignment of a Fire Engine from California Governor's
Office of Emergency Services (Cal OES) to the City of Newport Beach (C-8597-1) [381100-
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 the temporary assignment of California Governor's Office of Emergency Services (Cal
OES) Fire Engine 317 to the City of Newport Beach, and authorize the City Manager and City
Clerk to execute the agreement.
MISCELLANEOUS
15. Confirmation of Annual Citizen Member Appointments to the Finance Committee
[241100-2019]
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) Confirm Council Member Brad Avery's reappointment of Joe Stapleton, Council Member Duffy
Duffield's reappointment of William Collopy, Council Member Jeff Herdman's reappointment of
Larry Tucker, and Council Member Kevin Muldoon's reappointment of John Reed to serve on
the Finance Committee for terms ending June 30, 2020.
16. Confirmation of Appointments to the Aviation Committee [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 Council Member Brad Avery's appointment of Sharon Ray as the District 2 Member on
the Aviation Committee for a term expiring June 30, 2022;
c) Confirm Council Member Jeff Herdman's appointment of Cameron Verdi as the District 5
Member on the Aviation Committee for a term expiring June 30, 2025; and
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d) Confirm Mayor Diane B. Dixon's appointment of Roger Ham as the Newport Coast Member on
the Aviation Committee for a term expiring June 30, 2022.
Motion by Mayor Pro Tem O'Neill seconded by Council Member Brenner, to approve the
Consent Calendar; and noting the recusal by Council Member Brenner on Item 6, recusals by Council
Members Avery and Duffield on Item 11, no vote by Council Member Duffield on Item 8, and
amendments to Items 1 and 3.
The motion carried unanimously.
XI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Tom Holtom discussed a code violation notice he received and asked Council to review and edit the
Newport Beach Municipal Code that restricts residents to use their garage for parking only.
Barbie George voiced her concerns regarding the homeless issue, dog waste and dogs off leashes, and
requested Council increase police presence on the Peninsula as she believes it is becoming a safety and
health concern.
City Manager Leung stated homelessness is a serious issue and described the options the City is looking
at to come up with compassionate solutions.
Mayor Pro Tem O'Neill invited the public to attend the next Homeless Task Force meeting, advised
calling the Police Department when you witness illegal activity, and requested comments regarding
homelessness on social media sites, like Nextdoor, take a more positive tone.
Council Member Brenner reminded the community, just because it might appear that staff and Council
are not reacting aggressively, that is not the case and are doing everything the City can legally do at
this time. She commended City Manager Leung for providing portable restroom facilities for the Junior
Lifeguard program participants.
Michael Garman, Laguna Playhouse Theater Grants and Community Outreach Manager, thanked the
City and City Arts Commission for the $6,000 grant which will be used to support the Theatre Reach
program, discussed the Theater Hope program and requested the opportunity to work with the Newport -
Mesa Unified School District to allow students the opportunity to see the performance of I Neuer Saw
Another Butterfly.
Ruth Sanchez Kobayashi expressed support for Mr. Garman's program, asked Council to consider
citizens' quality of life when finding solutions for homelessness and requested City assistance in
cleaning up the transit center on Avocado Avenue.
Mayor Pro Tem O'Neill indicated the transit center is owned by The Irvine Company, the Orange County
Transportation Authority (OCTA) leases it, and the City does not have primary jurisdiction there. He
encouraged the public to contact the Orange County Sheriffs Department when there are issues at the
transit center.
XIII. PUBLIC HEARING
17. Ordinance No. 2019-12: Ten -Year Extension to a Development Agreement for Hoag
Memorial Hospital Presbyterian (PA2018-024) (C-2912) [381100-2019]
Community Development Director Jurjis and Associate Planner Crager utilized a PowerPoint
presentation to discuss the history of the development agreement with Hoag Memorial Hospital
Presbyterian (Hoag), the proposed terms of the amended agreement, and the Melinda Hoag Smith
Center for Healthy Living that also provides homeless assistance.
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Council Member Herdman voiced his support for utilizing the $300,000 in development fees to assist
with the homeless issue and commended Hoag and City staff for their creative thinking in finding
ways to resolve homelessness in the City.
In response to Council Member Muldoon's question, Community Development Director Jurjis and
City Manager Leung confirmed that the current center would continue to be funded by Hoag and
the $300,000 in development fees would be used for a separate facility.
Council Member Muldoon expressed the opinion that Hoag provides quality, professional
healthcare, and is a hero organization for agreeing to pay the development fees, expressed his
gratitude to the Board of Directors of Hoag and City staff for reaching an agreement, discussed why
homelessness is not just a local issue and, with the City having legal entities that have jurisdiction
over it, explained he originally was not in favor of this agreement but is now in full support. He
requested the hospital participate in the process of naming the new facility.
Council Member Avery announced the Homeless Task Force toured the Melinda Hoag Smith Center,
commended Hoag for the resources being provided at the center, and believed the City can also make
a difference with the homeless issue.
Council Member Duffield believed the development fees paid by Hoag will only add to increased
healthcare costs, but indicated he would support the agreement since the funds would be going
towards homelessness assistance in the City.
Council Member Brenner shared that she has had seven family members born at Hoag, she worked
for the Hoag Foundation previously, and is in support of the agreement. She believed Hoag is a huge
asset to the community and the homelessness issue must be a collaboration between the community
and Hoag since the hospital is obligated to deal with mentally ill and homeless individuals.
Mayor Dixon opened the public hearing.
Sanford Smith, Senior Vice President of Hoag Hospital, provided a brief history of the hospital and
the services it provides. He indicated that Hoag is one of the top hospitals in the world and thanked
the City and staff for their collaboration of the partnership.
Max Johnson voiced his concerns about the growing homeless problem and expressed support for
the City's development agreement with the hospital.
Jim Mosher questioned why there has not been annual development agreement reports at City
Council meetings, but at Zoning Administration meetings instead, why Hoag would want to
participate in a development agreement of this nature when that money could go directly to
enhancing current programs and lower medical costs, and suggested the City create a backup plan
if the facility does not come to fruition.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Mayor Dixon discussed her reasons for being in support of the development agreement with Hoag,
what Hoag and the City can accomplish to assist with the homeless issue, and thanked Mr. Smith
for his part in making the agreement possible.
Motion by Council Member Muldoon seconded by Mayor Pro Tem O'Neill, to a) find all
significant environmental concerns for the proposed project have been addressed in a previously
certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of
Newport Beach intends to use said document for the above noted project, and further that there are
no additional reasonable alternative or mitigation measures that should be considered in
conjunction with said project; b) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2019-12, An Ordinance of the City Council of the City of Newport Beach,
California, Amending a Development Agreement between the City of Newport Beach and Hoag
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Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2018-004), and pass
to second reading on July 23, 2019; and c) give members of the Hoag Memorial Presbyterian Hospital
Board of Trustees the option to participate in the naming of the facility.
Mayor Pro Tem O'Neill indicated his support for allowing Hoag to participate in the facility naming
process.
Mr. Smith explained that the hospital would like to wait and see what solutions the Homeless Task
Force identifies and would appreciate being involved in the entire process.
Mayor Dixon asked Mr. Smith to convey the City's gratitude for the partnership and support to the
Hoag Board of Directors.
The motion carried unanimously
XIV. MOTION FOR RECONSIDERATION - None
City Manager Leung announced this meeting would be the last City Council meeting for retiring Fire
Chief Duncan. Mayor Dixon recognized Fire Chief Duncan and thanked him for his years of service to
the City.
XV. ADJOURNMENT - 8:33 p.m.
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 July 3,
2019, at 4:00 p.m.
r c
11�d mci,
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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