HomeMy WebLinkAbout01 - MinutesSeptember 10, 2019
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
August 13, 2019
I. ROLL CALL - 4:10 p.m.
II.
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
Mayor Dixon announced that Item SS4 would be discussed before Item SS3.
SSI. Clarification of Items on the Consent Calendar - None
SS2. Proclamation Recognizing Spaghetti Bender's 50th Anniversary
Mayor Dixon read the proclamation and press
Michael thanked the City for its support, Joyce
Member Brenner shared her experiences witl
SS4. Marine Avenue Trees Maintenance
Gkinson and her son, Michael.
hetti Bender staff, and Council
Council Member Herdman recusedimself out of abundance of caution due to real
property interest conflicts.
Public Works Director Webb, Deputy Public Works Director Martin, and City Arborist and
Landscape Manager Pekar utilized a PowerPoint presentation to review the Marine Avenue
Rehabilitation Project, discuss the maintenance and history of the Marine Avenue trees, the
committee that was formed in 2017, why a design consultant was utilized for a concept plan, the
options for new types of trees, the empty tree wells, the role of PB&R on tree issues/removals of
Special Trees, report on fallen limbs due to recent weather events, annual tree inspections, and
display examples of Eucalyptus in similar cities, confirmed that the Applegate report and Walt
Warriner report were reviewed, and discussed the recommendations.
In response to Council questions, John Noyes, chair of the committee and the Balboa Island
Merchants Association detailed the composition of the committee and why it was formed, and
indicated former Council Member Selich requested money in the budget to hire a consultant to
develop drawings.
Staff outlined the definition of Special Trees under City Council Policy G-1 (Retention, Removal
and Maintenance of City Trees), and discussed site conditions, maintenance history and
practices, the reason for trimming early in the morning, and the trial basis to plant an African
Tulip tree and Ginko trees.
Council Member Brenner explained that, in the late 1980s, as Chair of the Parks, Beaches, &
Recreation Commission (PB&R), they often recommended removing hazardous trees,
particularly on Poppy Avenue. However, the Council at that time chose not to remove the trees
which recently resulted in the removal of all the Eucalyptus trees due to sidewalk damage.
Regarding the risk of failure and liability to the City, City Attorney Harp explained the liability
risk to the City based on these assessments and City Arborist Pekar reviewed the International
Society of Arboriculture (ISA) tree assessment form.
In response to Council questions, staff stated that, if part of the tree is high risk, the whole tree
is considered high risk, agreed there are 27 high risk trees, but there are 10 trees with the
highest risk, explained the difference between the Applegate and W arriner reports, and clarified
Great Scott's fees based on diameter of tree and the recent changes to their contract.
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Study Session and Regular Meeting
August 13, 2019
Mayor Pro Tem O'Neill noted this issue will be addressed by PB&R on September 3, 2019, and
Council will not be voting on this issue today. Staff clarified no timeline has been established
for the Marine Avenue project, but it would still need to go before both PB&R and Council.
Council Member Muldoon emphasized he is trying to stop staff from removing the trees.
Council Member Brenner indicated the tree issue got mixed-up with the infrastructure project,
staff is trying to work with the community, and expressed concern that, if no action is taken
until all the trees are in distress, the result will be similar to what happened on Poppy Avenue.
She agreed that the trees should be protected, but Council also needs to protect its citizens.
In response to Council questions, staff discussed the inventory system that goes back to 1999,
indicated the 17 other trees can be reassessed, noted sidewalks ramps must follow Americans
with Disabilities Act (ADA) guidelines, and discussed tree and root growth.
John Noyes briefly discussed the proposed infrastructure project and reiterated this issue will
first be heard by PB&R. Ak
Jodi Bole, Balboa Island Preservation Association (BIPA), indicated she took leaf and bark
samples to a lab, displayed photos of heartwood decay, and requested Council adopt an
emergency resolution to prohibit staff from taking any action on the Marine Avenue trees until
PB&R action occurs. 4
Mark Porter, arborist, believed the City needs alternative risk strategies, discussed tree failure
statistics, suggested testing all the trees, and believed BIPA s concerns are valid.
Greg Applegate, arborist, discussed the accident on Irvine Avenue, noted he did not find root
decay on the Marine Avenue trees, believed only one tree needs to be removed, and suggested
stopping hon tail pruning.f
Jim Moloney, attorney for BIPA, highlighted a meeting he attended with staff to discuss the tree
policy and indicated BIPA wants a moratorium to slow down the trimming.
Casper Yen®rerborist,
sed why he believed the City has not been following its tree policy.
Walt Warr explained why he believes 27 trees should be removed, noted
Eucalyptus trees are a high risk species, and indicated he stands behind his recommendations.
Bob Rush provided a copy of a letter he sent to the Fair Political Practices Commission (FPPC)
regarding Council Member Herdman's potential conflict on this issue.
Seymour Beek discouraged any plans that involve the removal of the trees.
Ed Black noted BIPA hired three arborists while the City only hired one arborist, and indicated
BIPA compared all the reports and found discrepancies.
Randy Black believed the City's plan on Marine Avenue is linked to the removal of historic trees
and mature trees add 20% to 30% to property values.
Dennis Bress believed the public can handle the removal of three trees, but the City needs a life
cycle tree maintenance plan. He requested a moratorium on tree cutting.
Mike Sullivan believed the right trees should be planted in the right spots, and the City should
consult the experts.
Dick Ashoff expressed concern for these trees, noting the City removed trees in Balboa Village
and never replaced them.
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Study Session and Regular Meeting
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Council Member Muldoon noted the difference in the number of trees the arborists are
recommending for removal, agreed a moratorium on tree removal should be enacted and the
new technology should be used on these trees, and suggested consulting with all the arborists,
moving forward with removing no more than three trees, planting trees in the empty wells, and
cycling in trees in a more thoughtful manner.
Council Member Avery agreed with preserving trees and commended staff for their hard work.
Council Member Duffy noted Council has made performing duties as economically as possible a
priority for staff, but believed, in this case, the City should spend the additional funds to use the
new technology to test the trees.
Council Member Brenner agreed Council has been pushing staff for years about watching the
budget, requested all the arborist reports be submitted to PB&R, and suggested changing
everyone's terminology to state the City is replacing trees, not removing trees.
Mayor Pro Tem O'Neill indicated the moratorium would also need to go to PB&R and suggested
providing them with options and cost details.
Mayor Dixon thanked the community for their involvement, sygested making Level 3 testing
standard for special trees that are designated in the Council p and requested the item come
back to Council after it is heard by PB&R.
SS3. 2019 Water Rate Study
Utilities Director Vukojevic, Utilities Manager Catron, and Consultant Sanjay Gaur of Raftelis
utilized a PowerPoint presentation to discuss the recent water projects, the City's water system,
the 2019 Water Master Plan, display photos of infrastructure failures, highlight Utilities
Department customer service, the Water Enterprise Fund, background on water utilities, the
goals and objectives of the water rate study, the proposed reserve policy, projected ending
balance, graph of the proposed financial plan, customer impact analysis, proposed monthly
water fixed charges, proposed water usage, the five year proposed water rates, and next steps.
In response to Council questions, staff and the consultant explained that, in addition for paying
for the purchase of water, water customers pay a fee for the ability to use water 24 hours per
day, 7 days per week, confirmed expanding the system requires a master plan, and agreed it is
a big investment into the infrastructure.
Mayor Pro Tem O'Neill pointed out, if rates are not increased, the fund will go into a deficit.
In response to Tim Stoaks and Jim Mosher's questions, staff indicated that 70% of the City
receives City water, the proposed rates are competitive with neighboring cities, IRWD's rates
are paid through the user's property tax and only pay for the operating cost, the fixed cost for
the City customers will most likely be $10 more, affordability and conservation must be
maintained, and would be achieved with this structure.
Hoyin Ip expressed support for increasing the rates and believed tiered rates encourages
conservation.
Regarding Closed Session Item IV.B, Jim Mosher thanked staff for explaining the litigation, questioned
if the decision should be appealed and if the City would really make a difference by joining the amicus,
and expressed his concerns about the cost the City would incur by being involved.
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.
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Study Session and Regular Meeting
August 13, 2019
IV. CLOSED SESSION - Council Chambers Conference Room
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 Organization: Lifeguard Management Association (LMA)
1:941910DlDIHDIONIND\6g0Y:■II"RIO I[41flI1069DII
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
Based upon existing facts and circumstances, the City Council will be considering joining an amicus
in the case of Robert Martin u City of Boise, Ninth Circuit Court of Appeals Case No. 15-35845,
United States District Court for the District of Idaho, Case 1:09-cv-00540-REB, as an amicus
curia.
V. RECESSED - 6:56 p.m.
VI. RECONVENED AT 7:15 P.M. FOR REGULAR MAG
VII. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Te Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Me Tet
Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VIII. CLOSED SESSION REPORT
Regarding Item IV.B, City Attorney Harp reported that a motion was made by Mayor Pro Tem O'Neill
and secondedby Council Member Brenner to join the litigation as an amicus curiae, and the motion was
unanimously approved by the City Council. He listed the plaintiffs and defendant, and briefly explained
the lawsuit. /
IN. INVOCATION - Pastor Jorge Molina, Mariners Church, Irvine
X. PLEDGE OF ALLEGIANCE - Council Member Muldoon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Avery:
• Attended an Orange County Sanitation District meeting
Council Member Duffield:
• Provided an update on the Harbor dredging project
Council Member Muldoon:
• Announced he will be attending and presenting a proclamation at a Korean War and WWII
Veterans luncheon at American Legion Post 291 on August 15, 2019
Council Member Brenner:
• Displayed slides to discuss a Homeless Task Force Subcommittee meeting at Supporting People In
Need (SPIN) that she attended with Jean Wegener and Terry Moore; and a Costa Mesa Network
for Homeless Solutions meeting at Costa Mesa City Hall
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City of Newport Beach
Study Session and Regular Meeting
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Attended an ad hoc committee meeting regarding short term lodging with Mayor Dixon and Council
Member Herdman; a tour of the Melinda Hoag Smith Center for Healthy Living with Terry Moore
and Michelle Rose; and the monthly meeting with the Corona del Mar Residents Association's
Executive Committee
Met with her Newport Harbor High School Mentee, Vanessa Conejo; former Mayor Evelyn Hart
about possible plans to add an exercise pool at OASIS Senior Center; City Manager Leung, Public
Works Director Webb, Traffic Engineer Brine, and others to ensure traffic is a consideration in
project planning; and Mayor Dixon, Mayor Pro Tem O'Neill, Public Works Director Webb, Assistant
City Engineer Sinacori, Balboa Island Improvement Association (BIIA) leadership, and Southern
California Edison (SCE) staff regarding undergrounding utilities costs
Filmed a tour of the new Corona del Mar Branch Library for NBTV with the head Librarian
Council Member Herdman:
• Announced he will be attending the Korean War and WWII Veterans Luncheon on August 15, 2019
• Attended the Newport Beach Police Department (NBPD) summer Teen Academy Graduation with
Mayor Pro Tem O'Neill and Council Member Brenner
• Judged at the Balboa Island Sandcastle Contest
• Continued talking to people about homeless issues and responding to emails regarding the proposed
Marine Avenue rehabilitation project
• Requested a future agenda item to consider if the riends of the Newport Beach Animal Shelter
(FONBAS) can be allowed to insert membership information into the City's dog license renewal
mailers i
Mayor Pro Tem O'Neill
• Attended NBPD's National Night Out event, the Teen Academy Graduation, and the TCA Board
Meeting
• Announced office hours on September 11, 2019, from 8:00 a.m. to 10:00 a.m. at the Newport Coast
Community Center APW
• Introduced his mentee from Newport Harbor High School, Timothy Tizon
Mayor Dixon:
J
• Announced that the library was the California History Section's featured City of the Month for July;
the upcoming Concert on the Green on August 25, 2019; and a college application workshop in the
Friends Room on August 31, 2019
• Displayed slides to discuss Earth Day messages from children in the City and a Sunday New York
Times article, "Where Hollywood's Golden Age Stars Found Safe Harbor"
Tim Stoaks, President of FONBAS, announced that FONBAS is ready to purchase a permanent site for
the animal shelter, discussed how they obtained the funding, introduced several FONBAS Board
Members in the audience, and proclaimed Mayor Dixon as the first Member of FONBAS.
Mayor Dixon commended FONBAS members for all their efforts and recognized the benefits of public-
private partnership.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Prior to discussing Item 14, Council Member Muldoon recused himself due to real property
interest conflicts.
Ruth Sanchez Kobayashi congratulated the City for joining the litigation (Item IV.B) and believed that
75% of the people served in the programs listed under Item 14 are non-residents.
Wendy Weeks from Youth Employment Center requested that Council continue to provide funding to
her organization (Item 14).
XIV. CONSENT CALENDAR
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August 13, 2019
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 23, 2019 City Council Meeting [100-2019]
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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2019-72: Approval and Award of Professional Services Agreement with
Avenu Insights and Analytics, LLC ("Avenu/MuniServices") for Sales and Use Tax
Auditing and Analysis (C-8184-2) [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) Authorize the Mayor and City Clerk to execute the amended one-year Professional Services
Agreement with the option to extend for an additional four years, in one-year increments, with
Avenu Insights and Analytics, LLC (C-8184-1), for sales and use tax auditing and analysis, for
a total not -to -exceed amount of $531,000 over five years;
c) Authorize the Mayor and City Clerk to execute a Contract G erning Access to Confidential
Taxpayer Data with Avenu/MuniServices (C-8184-2) describing the legal requirements within
California Revenue & Taxation CodeRTC') 7056; and
d) Adopt Resolution No. 2019-72, A Re lution of the City Council of the City of Newport Beach,
California, Authorizing Access to Sales or Transaction and Use Tax Records and Documents
Pursuant to California Revenue & Taxation Code Section 7056(b).
CONTRACTS AND AGREEMEN7"k
4. Bayside Drive and Jamboree Road/Marine Avenue Improvements - Notice of Completion
for Contract No. 7224-1 (16R12) [38/100-2019]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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 the applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
5. Bayview Heights Drainage Project - Notice of Completion for Contract No. 7109-1 (15X11)
[38/100-2019]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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.
6. 2018-2019 Playground Improvements Project - Notice of Completion for Contract
No. 7582-1 (19P01) [38/100-2019]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after 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.
7. Cameo Highlands Street Reconstruction Project (20R21) - Approval of Professional
Services Agreement with Psomas - Contract No. 7067-1 [38/100-2019]
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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) Approve a Professional Services Agreement with Psomas of Santa Ana, California, for the
Cameo Highlands Street Reconstruction project at a not -to -exceed price of $233,235.00, and
authorize the Mayor and City Clerk to execute the Agreement.
Council Member Muldoon recused himself on Item 7 due to real property interest conflicts.
S. Via Lido Soud and Nord Water Main Replacement Project (20W12) - Approval of
Professional Services Agreement with HDR Engineering, Inc. - Contract No. 7645-1
[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 a Professional Services Agreement with HDR Engineering, Inc. of Irvine, California,
for the Via Lido Soud and Nord Water Main Replacement project at a not -to -exceed price of
$232,700.00, and authorize the Mayor and City Clerk to execute the Agreement.
9. Amendment No. One to Agreement with Ra� Disposal Co., Inc. dba Rainbow
Environmental Services (Rainbow) for Be ontainer Refuse Collection Service
(C-4709) [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 Agreement with Rainbow for Beach Container Refuse
Collection Service to modify the compensation terms from an annual not -to -exceed to a contract
not -to -exceed amount, increase the total not -to -exceed amount by $120,000.00 for a total not -to -
exceed amount of $1,497,624.30, and authorize the Mayor and City Clerk to execute the
agreement.
10. Amendment No. Two with Global Power Group, Inc. for Maintenance and Repair Services
of City Generators (C-6185) [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) Approve Amendment No. Two to the Maintenance/Repair Services Agreement with Global
Power Group, Inc., for preventative maintenance and as -needed repair services for City
generators, adding $120,000 to the contract for a total not -to -exceed amount of $495,000 for the
remainder of the term of the agreement; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
11. Wastewater Flow Agreement with Costa Mesa Sanitary District (C-8185-1) [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;
b) Approve the amended Wastewater Flow Agreement with the Costa Mesa Sanitary District
related to specific properties within the City of Newport Beach; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
12. Pulled from the Consent Calendar
MISCELLANEOUS
9. Planning Commission Agenda for the August 8, 2019 Meeting [100-2019]
Receive and fie.
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August 13, 2019
XV.
14. Community Programs Grants for Fiscal Year 2019-20 (C-8281) [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) Pursuant to City Council Policy A-12, find that the organizations listedbelow provide services or
programs that serve residents and are beneficial to residents' quality of life and authorize the
allocation of $67,000 in Community Programs Grants in the following manner:
Applicant
Recommendation
Advocates for Grandparent Grandchild Connection
$ 1,000
Balboa Island Museum
20,000
Boys & Girls Club of Central Orange County
7,000
Helping Hands, Our Lady Queen of Angels
10,000
Newport Beach Sister Cities Association
2,000
Newport -Mesa Family YMCA of Orange County
7,000
Share Our Selves
15,000
Youth Employment Services
5,000
Total
$ 67,000
Council Member Muldoon recused himself on Item 7W to real property interest
conflicts.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar, except for the item removed (Item 12); and noting the recusal by Council Member
Muldoon on Items 7 and 14, and amendments to Items 1, 3 and 11.
The motion carried unanimously.
ITEM REMOVED FROM THE CONSENT CALENDAR
12. Replacement of the Outdoor Warning System (C-8186-1) [38/100-2019]
Emergency Service oordinator Eing provided the staff report to discuss the state of the current
system and the 711posal to replace the outdoor warning system with LRAD systems.
Mayor Dixon thanked staff for their hard work and dedication on getting the system replaced.
Brian Ouzounian voiced his concerns about being unable to hear the sirens during testing and
suggested utilizing a non -corrosive material similar to the City of Hilo's system.
In response to Council questions, Deputy Director Stafford confirmed the installation of the new
warning system would occur between Thanksgiving and Christmas, discussed the sirens projection
range, and confirmed the sirens will be tested at full power every month. City Manager Leung
confirmed that today's discussion would not be considered a meeting of the Emergency Council for
Federal Emergency Management Agency (FEMA) purposes, but that meeting would be held later in
the year.
Motion by Council Member Averv, seconded by Mavor Pro Tem O'Neill, 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) approve a Purchase and Installation Agreement
with Mallory Safety & Supply, LLC for the purchase and installation of an LRAD Corporation
outdoor warning system equipment for a not to exceed amount of $200,534.71 plus a contingency
amount of $20,000 (approximately 10%) to cover unforeseen costs, for a total not -to -exceed amount
of $220,534.71, and authorize the Mayor and City Clerk to execute the Agreement; and c) approve
Budget Amendment No. 20 -006 -CC appropriating $220,534.71 from the unappropriated General
Fund capital project savings to Account No. 01201928-980000-20M15.
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The motion carried unanimously.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher expressed his concerns regarding the lack of viewable contracts on the City's webpage.
Arthur Pesco discussed a proposal to build a monorail through the City.
XVII. PUBLIC HEARING
15. Mesa Drive Townhomes Call for Review (PA2017-218) [100-2019]
Council Member Duffield recused himself due to real property interest conflicts since he is
a member of the Santa Ana Country Club.
Community Development Director Jurjis, Deputy Director Campbell, and Associate Planner
Westmoreland utilized a PowerPoint presentation to describe *e project, display the vicinity map,
site plan, and project renderings, address traffic, compatibility and density concerns, and reviewed
staff recommendations.
Discussion ensued between Council and staff regarding City density versus County density, the
quality of the project's building materials, the proposed lower first floor and the benefits associated
with it, building height restrictions, traffic visibility, congestion at the project intersection, access
to the property, the need for housing in 4th ty, and the City's limited building design guidelines.
Mayor Dixon opened the public hears
Tim Stoaks, former Chair of the Santa Ana Heights Project Advisory Committee, discussed the
annexation agreement with Santa Ana Heights and questioned if the City has taken the zoning
changes to the County for approval. Staff clarified that this RMD area is not part of the specific
plan and does not need to go back to the County.
Anastasios Nikola joapplicant, indicated he wanted to provide more visibility for the area due to a
prior accident at the intersection and noted he used the same designer as the Lido House Hotel.
Jim Mosher belie the area is considered high density, not medium density, and expressed
concerns with this t of construction.
Berkley Egenes d sagr ith Costa Mesa's traffic incident report, suggested installing stop signs
at the intersection, and questioned if emergency vehicles would be able to utilize the driveway.
In response to Council questions, staff indicated the intersection belongs to the County, they
installed the traffic light, and the Fire Department reviewed the plans and is comfortable with
staging on the street in the event of an emergency.
Chris White expressed support for the project.
Jane Nikolaou, applicant, requested Council support for the project.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Avery, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332
under Class 32 (In -Fill Development) of the CEQA Guidelines, because this project has no potential
to have a significant effect on the environment; and b) adopt Resolution No. 2019-73, AResolution
of the City Council of the City of Newport Beach, California, Upholding the Planning Commission's
Approval of Major Site Development Review No. SD2017-008 for an Eight -Unit Residential
Condominium Project Located at 1501 Mesa Drive and 20462 Santa Ana Avenue (PA2017-218).
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With Council Member Duffield recusing himself and Council Member Muldoon voting no, the motion
carried 5-1.
16. Consideration of Planning and Land Use Entitlements for Vivante Senior Housing,
Located at 850 and 856 San Clemente Drive (PA2018-185) (C-8187-1) [38/100-2019]
Community Development Director Jurjis, Deputy Community Development Director Campbell, and
Associate Planner Nova utilized a PowerPoint presentation to discuss the General Plan Amendment
(GPA), display the vicinity map, and highlight the site plan, project description, required
entitlements, GPA map, summary and recommendations.
Council Member Avery expressed his support for the project.
Mayor Dixon opened the public hearing.
Cory Alder and Curt Olson, Nexus Developmentlapplucants, utilized a PowerPoint presentation to
provide background, discuss the reason for the project, and explain why this Vivante project is
unique.
Jim Mosher noted the City is moving forward on a General Plan Update (GPU) and expressed
concerns with considering this project at this time and the housing count. Staff indicated this project
is for residential units with medical needs, does not exceed 100 units, and does not trigger a
Charter 423 vote.
Ruth Sanchez Kobayashi believed the pro would be a great addition to the community and the
neighborhood would support it if commuter safety is addressed.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Mayor Dixon noted that she visited the Costa Mesa facility and would be proud to have this senior
facility in Newport Beach. If approved, she reported that, in the last 18 months, the City would
have approved over 350 senior housing units.
Motion by Mavor Dixon. seconded by Council Member Herdman, to a) adopt Resolution
No. 2019-74, A Resolution of the City Council of the City of Newport Beach, California, Certifying
Environmental Impact Report Addendum No. ER2016-002 and Approving a Mitigation Monitoring
and Reporting Program„ and Adopting California Environmental Quality Act Findings of Fact and
a Statement of Overriding Considerations in Accordance with the California Environmental Quality
Act for the Vivante Senior Housing Project Located at 850 and 856 San Clemente Drive (PA2018-
185); b) adopt Resolution No. 2019-75, AResolution of the City Council of the City of NewportBeach,
California, Approving General Plan Amendment No. GP2018-003 to Change the Land Use
Designation from Private Institutional (PI) to Mixed -Use Horizontal (MU -113), for the Vivante Senior
Housing Project Located at 850 and 856 San Clemente Drive (PA2018-185); c) waive full reading,
direct the City Clerk to read by title only, introduce Ordinance No. 2019-13, An Ordinance of the
City Council of the City of Newport Beach, California, Adopting Planned Community Development
Plan No. PC2018-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at
850 and 856 San Clemente Drive (PA2018-185), and pass on to a second reading on September 10,
2019; d) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
14, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Development Agreement No. DA2018-005 for the Vivante Senior Housing Project Located at 850 and
856 San Clemente Drive (PA2018-185), and pass on to a second reading on September 10, 2019; and
e) adopt Resolution No. 2019-76, A Resolution of the City Council of the City of Newport Beach,
California, Approving Major Site Development Review No. SD2018-003, Conditional Use Permit
No. UP2018-019, and Lot Merger No. LM2018-004, and Revocation of Use Permit No. UP2005-017-
017 and Modification Permit No. MD2004-059 for the Vivante Senior Housing Project Located at
850 and 856 San Clemente Drive (PA2018-185).
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City of Newport Beach
Study Session and Regular Meeting
August 13, 2019
XVIII.
Council Member Duffield believed the team is committed and this type of housing is needed.
The motion carried unanimously.
17. Approval of a Service Agreement for Citywide Streetlight Maintenance and Repair
Services with Bear Electrical, Inc. (C-8598-1) [38/100-2019]
Council Member Muldoon recused himself due to potential business interest conflicts.
Jim Mosher commended the staff report for providing bidders' technical scores and costs, and
believed there was a Balboa Island assessment district that should have expired but may still be in
effect. Staff indicated they will look into it.
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 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 Services Agreement with Bear
Electrical, Inc., for Citywide streetlight maintenance and as -needed repair services for a five-year
term with a total not -to -exceed amount of $950,522; and c) authore the Mayor and City Clerk to
execute the Agreement.
With Council Member Muldoon recusing himself, the motion carried unanimously
18. Approval of a Services Agreement for Citywide Storm Drain System Cleaning Services
with Downstream Services, Inc. (C-8599-1) [38/100-2019]
Motion by Council Member Averv, 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; b) approve the Services Agreement with
Downstream Service, Inc., for Citywide storm drain system cleaning services for a five-year term
with a total not -to -exceed amount of $1,750,000; and c) authorize the Mayor and City Clerk to
execute the Agreement.
The motion carried unanWestroom
hly.
19. Park and BeacPub Janitorial Services (C-8551-2) [38/100-2019]
Mayor Pro Tem O'Neill recused himself out of an abundance of caution due to potential
business interest conflicts.
Deputy Public Works Director Martin and Equipment Maintenance Superintendent Brodowski
utilized a PowerPoint presentation to discuss public restroom cleaning service levels, proposed
service levels versus previous service levels, and staff recommendations.
Council Member Avery expressed his support for increased janitorial services and understood there
would be a cost associated to do this.
In response to Council comments, staff discussed the public restroom hours of operation and the
security reasons for locking certain restrooms, confirmed that, with the increased services, all public
bathrooms would be cleaned and ready to use by 7:00 a.m. every day, and reported the contractor is
very knowledgeable and responsive.
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City of Newport Beach
Study Session and Regular Meeting
August 13, 2019
Motion by Council Member Herdman, seconded by Council Member Duffield, 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) approve a three-year Janitorial
Services Agreement with Ed Building Maintenance for cleaning / servicing 30 standalone City
restrooms for a total not -to -exceed amount of $2,415,000 (3 years at approximately $803,784.00 per
year); and c) approve Budget Amendment No. 20 -007 -CC transferring $140,000 from Public Works
account 01090901-811031 to the Public Works account 0109041-811012, and also appropriating
$350,000 in increased expenditures from the General Fund unappropriated fund balance to the
Public Works account 0109041-811012.
With Mayor Pro Tem O'Neill recusing himself, the motion carried unanimously.
20. Appointment of a New City Arts Commissioner to Fill an Unscheduled Vacancy [241100-
20191
City Clerk Brown provided a brief staff report and read the ballot votes as follows:
Krystal Anderson - Herdman
Maureen Flanagan -Avery, Dixon, Duffield, Muldoon, O'
Carrie Williams - Brenner
City Clerk Brown announced that Maureen Flanaga appointed to the City Arts Commission
for a term expiring June 30, 2021.
City Manager Leung and Public Works Direct uced new Deputy Public Works Director
Jim Houlihan.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 9:16 p.m. in memory of Orange County Auditor -Controller
Eric H. Woolery IM
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 August 8,
2019, at 4:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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