HomeMy WebLinkAbout01 - Minutes - Amended PagesAugust 13, 2019
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
July 23, 2019
I. ROLL CALL - 4:00 p.m.
II. CURRENT BUSINESS
SSI. Clarification of Items on the Consent Calendar
In response to Council questions regarding allowing Homeowner Associations (HOAs) to opt -out
of the Saturday construction noise restrictions and signage regulations (Item 3), Community
Development Director Jurjis clarified that the City does not have an opt -in process but if, there
is an interest for that after taking additional surveys, the City can come back to Council with
another ordinance and confirmed staff would look into determining if Newport Shores would be
considered an HOA.
SS2. Recognition of the USRowing Youth National Championship Gold Medalists -
Newport Aquatic Center's Men's Lightweight 8+
Mayor Dixon read the proclamation and presented it to the team. Coach D'Antoni commended
the team for their hard work and record.
Council Member Muldoon congratulated the team for winning the national title.
SS3. Overview of the State -mandated Organic Waste Recycling Requirements
Public Works Director Webb, Deputy Public Works Director Martin and Trevor Blythe of
EcoNomics utilized a PowerPoint presentation to provide an overview of CalRecyle and State
recycling mandates, the City's CalRecycle compliance requirements, the status of the revised
ordinance and franchise amendment, and future legislation.
Discussion ensued between the City Council and staff regarding upcoming State regulations
pertaining to organic waste, creating an ordinance that would require commercial businesses to
recycle organics, Assembly Bills administered by CalRecycle, outreach methods the City is
utilizing to ensure compliance, challenges commercial businesses are facing to be compliant,
how the City will need to assist in enforcing the regulations, the hauler's responsibility to
monitor and report violations, who will encumber the additional costs from the new process, the
number of trash pick-ups in the City, the number of organic food recycling franchises in
California and Arizona, Material Recovery Facilities (MRF), the timeline for putting the process
into place, and items that the Council working group should discuss.
Carmen Rawson provided examples on why she believes the organic waste recycling regulations
will be difficult to implement.
Jim Mosher believed the working group should have been discussed and formed during a Council
meeting, questioned what regulations the 25 businesses are out of compliance with, and asked
if the City is complying with the regulation to reduce landfill waste.
Deputy Public Works Director Martin indicated that 90% of the businesses in the City are
compliant and staff is working to meet the goal of 100% compliance. Mr. Blythe added that the
State wants 100% compliance and at this time 250 businesses in the City are following the
regulations.
Hoiyin Ip thanked the City for reviewing the new regulations and provided ideas to reduce trash
and increase education and outreach, and urged the City to ban p'� si Ie -use plastic
food service ware.
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City of Newport Beach
Study Session and Regular Meeting
July 23, 2019
Council Member Duffield:
Attended the Water Quality/Coastal Tidelands meeting with Council Member Herdman
Commented on current weather conditions
Council Member Muldoon:
• Attended the Corona del Mar Branch Library and Fire Station grand opening
Council Member Brenner:
Met with City Manager Leung, Public Works Director Webb, Recreation and Senior Services
Director Detweiler and Deputy Recreation and Senior Services Director Levin regarding the
Organic Chemical Pilot Project, and Jodi Patrich regarding the Balboa Island Preservation
Association and other preservation issues in the City
Attended the Corona del Mar Branch Library and Fire Station grand opening (slide), the Homeless
Task Force meeting, and a farewell luncheon for Carol Hoffman McDermott
Council Member Herdman:
• Attended the Speak Up Newport meeting to provide updates on John Wayne Airport (JWA), Water
Quality/Coastal Tidelands meeting, Junior Lifeguard Hot Dog Dinner, Corona del Mar Chamber of
Commerce Government Affairs meeting, Corona del Mar Residents Association meeting, Orange
County Mosquito and Vector Control meeting, Fire Chief Duncan's retirement party, Corona del
Mar Branch Library and Fire Station grand opening, and the Aviation Committee meeting
Mayor Pro Tem O'Neill
• Attended the Homeless Task Force meeting and provided an update
• Displayed a slide to discuss and recognize the City's AAA rating from Moody's Investors Services
and the Certificate of Achievement from the Government Finance Officers Association
• Announced the upcoming Ben Carlson Foundation fundraiser on July 27, 2019, and his office hours
on August 7, 2019
• Wished his wife a Happy 10th Wedding Anniversary
Mayor Dixon:
• Attended the Central Library's 25th Anniversary Celebration, Junior Lifeguard Hot Dog Dinner,
Friends of OASIS Board of Directors Ceremony and swore in the new officers, retirement
celebration for former Fire Chief Duncan, and the Corona del Mar Branch Library and Fire Station
grand opening
• Displayed slides to recognize Karen Carlson for her contribution to the new branch library and fire
station, and to remind the public of the free Trolley parking at the City's Avon Street lot
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 10, Council Member Brenner reported that the $6,000 contribution to the Corona del
Mar Chamber of Commerce was done prior to her taking office.
Debbie Stevens, President of the Corona del Mar Residents Association (CdMRA), discussed a survey
they conducted regarding opting out of Saturday construction noise restrictions and signage
requirements (Item 3). Council Member Brenner thanked CdMRA for their efforts with the survey.
Jim Mosher discussed his beliefs regarding the ordinance for Item 3, believed more time should be given
to allow other homeowner associations time to poll their residents, and questioned if the signage and
construction noise restriction requirements could be separated.
In response to Council questions, City Attorney Harp and Community Development Director Jurjis
explained that the current ordinance does not allow for the opting out of one restriction and not the
other, discussed the challenges that the City would encounter if the two were separated, and confirmed
the ordinance does not prohibit Saturday construction, but imposes noise limits.
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City of Newport Beach
Study Session and Regular Meeting
July 23, 2019
Motion by Council Member Herdman, seconded by Council Member Brenner, 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) approve Amendment
No. Three to the Professional Services Agreement with Thomas Cole Edwards, Inc. to increase the
not -to -exceed amount by $85,000 for a total not -to -exceed amount of $272,500, and authorize the
Mayor and City Clerk to execute the amendment.
Discussion ensued between Council and City Manager Leung regarding the average hours per
month the consultant works and how they are tracked, the scope of duties performed on the City's
behalf, and the detailed billing report.
Jim Mosher believed this contract was not awarded properly in 2008 since there was no Request for
Qualifications (RFQ), questioned the specifics of the current contract and scope of services, and
whether some of the work being done by the consultant could be done by staff, and suggested that
all aviation related contracts go to the Aviation Committee for review prior to going before Council.
-1 �..��tim� Lorian Petry discussed the Aviation Committee meeting she attended on July 22,
2019, and voiced her concerns regarding the contract with Mr. Edwards.
In response to Council Member Muldoon's question, City Manager Leung confirmed that, since this
contract is an extension, no other contractors were considered and she believed Mr. Edwards is an
expert in this field. She indicated a Request for Proposal (RFP) was done in January or February of
2019 to find additional aviation expertise and David Wilson was selected from that RFP.
The motion carried 4-3, with Council Members Avery, Duffield and Muldoon voting no
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Alexander Gonzalez, Field Representative/Caseworker for Congressman Harley Ronda's Office,
introduced himself, discussed his background in Newport Beach, and highlighted the six-month report
on the Congressman's website.
Rachel Curry, Field Representative for Assemblywoman Collie Petrie -Norris' Office, congratulated the
City on the grand opening of the Corona del Mar Branch Library and Fire Station, discussed Assembly
Bill 608, announced the upcoming seminar regarding senior scam stopping, and notified the public
regarding various councils and boards the Assemblywoman is developing. She indicated applications
can be found on the Assemblywoman's website.
Michael Voorhees voiced his concerns regarding vacation rentals in his neighborhood and requested
that Council monitor the area for compliance. Mayor Dixon referred Mr. Voorhees to Community
Development Director Jurjis for assistance.
Max Johnson discussed a recent pedestrian accident near the 7 -Eleven on Balboa Boulevard, and
requested the City reconsider installing lights at the crosswalk for better visibility.
In response to Council comments, Public Works Director Webb provided an update on Phase II of the
crosswalk project and confirmed he would have staff take a look at lighting in the area.
XVII. PUBLIC HEARING
11. 2019 Drinking Water Quality Report on Public Health Goals [100-2019]
Utilities Director Vukojevic and Water Quality Coordinator Van utilized a PowerPoint presentation
to discuss State and Federal drinking water standards, the State requirement for an annual report
and public hearing every three years, public health goals, the City's 2019 drinking water quality
report, and staff recommendations.
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City of Newport Beach
Study Session and Regular Meeting
July 23, 2019
Gary Sherwin, President and CEO of Newport Beach & Company (NB&Co), utilized a PowerPoint
presentation to discuss California tourism and travel patterns, international travel, Newport Beach
hotel rates compared to Orange County, Newport Beach's hotel occupancy rate, Transient
Occupancy Tax (TOT) and Tourism Business Improvement District (TBID), tourism's impact on the
City, group sales, FY 2018-19 production summary, leisure marketing, FY 2019-20 TOT budget, the
use of Artificial Intelligence (AI), The Telly Awards, community marketing, Newport Beach TV's
(NBTV) new video programming, and the 5rh Annual U.K. Honours results.
Discussion ensued between Council and Mr. Sherwin relative to how TOT is calculated, the
difference between Newport Beach & Co. (NB&Co) and Visit Newport Beach �7NB4L), receiving
financial reports from both companies, integrating NB&Co videos on the City's website, whether
documents submitted to the boards of these organizations are considered a public record, the state
of the local economy and if NB&Co and VNBV services are still needed, the impact of the City's
homeless issue on tourism, and Newport Beach's biggest challenge of not having any hotels directly
on the beach.
Motion by Council Member Muldoon, seconded by Council Member Avery, 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; b) authorize a waiver of the timeline provided in
Section 3.5 of the Tourism Business Improvement District Management Agreement; c) receive and
file VNB's Business Plan Supplement; d) approve VNB's FY 2019-20 Budget Update; e) approve the
NBTBID'S FY 2019-20 Annual Report; and f) approve the NBTBID's FY 2019-20 Budget.
Jim Mosher discussed the history of the visitors bureaus in Newport Beach, TBID and TOT
collections, questioned why the two organizations need support from the City when the presentation
indicated they are doing very well, and how Mr. Sherwin came up with his calculations on the budget
presentation.
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 9:26 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 18,
2019, at 4:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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