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HomeMy WebLinkAbout01 - MinutesDecember 10, 2019 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Study Session and Regular Meeting November 19, 2019 I. ROLL CALL - 5:00 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 Excused: Council Member Kevin Muldoon SSI. Clarification of Items on the Consent Calendar Council Member Avery commended the Public Works Department on the West Coast Highway Median Landscaping Project (Item 10) and the cost savings. SS2. Proclamation Honoring the 2019 Newport Harbor Lawn Bowling National Champions Mayor Dixon read the proclamation and presented it to Anne Nunes, Cathy Herbert (on behalf of Charlie Herbert), and Matthew Bauchiero from the Newport Harbor Lawn Bowling Club and Robert Buscigho from the Long Beach Lawn Bowling Club who thanked the City for its support, invited everyone to check out lawn bowling, and discussed the championship. SS3. Proclamation Recognizing the Volunteers of the Newport Beach Animal Shelter Mayor Dixon read the proclamation and presented it to Senior Animal Control Officer Valerie Schomburg and the volunteers in attendance who thanked the City and the Police Department for their support, and expressed appreciation to all the dedicated volunteers. Tim Stoaks, President of the Friends of the Newport Beach Animal Shelter (FONBAS) thanked the volunteers and encouraged everyone to become a Founding Member of FONBAS (fonbas.org). SS4. Presentation by the Newport Beach Public Library Foundation Library Services Director Hetherton introduced Meg Linton, CEO of the Newport Beach Public Library Foundation, and Cathy Voreyer, Chair of the Foundation Board of Directors, who utilized a presentation to discuss the impact of the Foundation and the donations the Foundation has provided to the library programs over the last ten years. They also thanked current and past City Councils, Board of Library Trustees members, and Library staff, and presented the City with a $155,000 (faux) currency note. Mayor Dixon thanked the Foundation for its significant and generous contributions, both financially and intellectually, acknowledged what the library provides to the community, and believed the library is the jewel of the City. Mayor Pro Tem O'Neill encouraged every library member to use the Flipster app. SS5. Short Term Lodging - Ad Hoc Committee on Short Term Lodging Recommended Changes Community Development Director Jurjis, License Supervisor Navarrete, and Acting Code Enforcement Supervisor Contin utilized slides to discuss Short Term Lodging (STL) and its history in the City, explain the balance between STL and community desires that the Ad Hoc Committee on Short Term Lodging tried to balance, highlight the public meetings, and review the proposals regarding new operator application requirements, the maximum occupancy calculation, interior and exterior signs, parking, hosting platforms, maximum number of permits, adjustments in the non -coastal zone, and allowing STLs in mixed-use zones, display a map of STL permits in the non - coastal zone, and review enforcement, costs, and staffing. Volume 64 - Page 247 City of Newport Beach Study Session and Regular Meeting November 19, 2019 In response to Council questions, staff discussed the cost for a business license, the benefits to the City of using an answering service to field issues and collect data, how reasonableness is used relative to whether to issue citations, the number of current and grandfathered permits in the City, the reason for suggesting allowing STL in mixed-use zones, stated the Code Enforcement Division is more reactive than proactive, reviewed the number of calls received throughout the year and the cost of the proposed full-time position, confirmed that the ordinance will include clear noise regulations, and reviewed the work of Host Compliance. Council Member Avery expressed the importance of making the regulations clear to the tenants and for the property owners who are not managing their properties, emphasized that responsibility lies with the property owners, expressed concern relative to enforcement, and noted that permits could be suspended or revoked with the proposed changes. Mayor Pro Tem O'Neill believed people are more likely to call the answering service than Code Enforcement or the Police Department, suggested that a database of contact information be provided to them, expressed concerns relative to the cost and whether to allow STL in the mixed- use zone, and suggested using "Overnight Occupancy Limit" on the exterior sign. Council Member Herdman noted that several cities do not allow STLs, the proposed changes tighten the regulations in order to protect the quality of life for those around the STLs, discussed that there has been requests to allow STL in the mixed-use zone, confirmed the regulations can be amended in the future, and pointed out what the total cost for an STL permit could cost. Council Member Duffield thanked the committee and staff, discussed issues with enforcement he experiences in another state, and emphasized the City is not trying to stop or eliminate STLs, but is trying to manage it better. Mayor Dixon discussed the impacts of STL on the community, emphasized the need to maintain the quality of life in the neighborhoods, and expressed concerns with allowing STL in the mixed- use zone. Craig Batley stated he does not support allowing STL in the mixed-use zone, noted the difference between active and inactive STL permits, expressed concerns about the signage, suggested listing occupancy limits online, believed the City's quote for the answering service is high, and commended the City for being the best city at managing STLs. Nancy Gardner commended the committee and staff for all their work, but believed the suggested maximum number of STLs should be reduced since the City needs to account for over 4,800 units per the Regional Housing Needs Assessment (RHNA) and STLs cannot be used toward this count. Tim Stoaks believed the answering service should call the person back who complained to see if the issue has been resolved and received confirmation that the STL permit can stay with the property but is not transferrable. Jim Mosher noted that some STL permits may be eliminated because they currently do not have parking and asked if the committee considered any other formula to determine the number of needed parking spaces. Carmen Rawson believed the property owner, not the operator, should be contacted, asked how many units are managedby a property owner vs. a property management company, suggested that the contact person be located at a reasonable distance to the property, and took issue with what some property owners consider as a bedroom. Scott McFetters discussed parking and bedroom count issues with STLs on Newport Island and believed they should not be allowed. Volume 64 - Page 248 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Julie Sambuco asked how much Transient Occupancy Tax (TOT) the City will lose if non -coastal zone STL units are eliminated. In response to public comments, staff stated they are not trying to be overly restrictive and will work with the property owner relative to parking issues; however, an STL permit will not be issued if a car cannot park onsite, indicated the current STLs on Newport Island are grandfathered properties, the language relative to suspensions and revocations can be tightened, the contact person needs to be within a 25 mile radius of the property, TOT was not considered during discussions about eliminating non -coastal zone STLs, and discussed the difficulties with verifying the number of parking spaces and bedrooms a unit has without adding another staff member. Council Member Avery emphasized that the person with the STL permit needs to know what the risks are if they violate the regulations, otherwise it will affect the surrounding residents. Council Member Duffield agreed with the issues on Newport Island and, if he could, would not allow STLs on Newport Island. aY, Council Member Brenner emphasized that having an STL permit is a privilege and property owners should not have an expectation of being allowed to have rental units in residential neighborhoods, expressed concern for the continuous parties these units have with each renter, believed that some of the houses even end up empty which diminishes the benefits of a neighborhood and the neighborhood feel, and reiterated that STL units can impact the City's RHNA numbers. Referencing the summary page of the presentation, with the exception of Council Member Herdman, it was the consensus of the City Council to move forward with all the suggestions except for allowing STL units in the mixed-use zone. III. PUBLIC COMMENTS Regarding the Lecture Hall Project (Item 24), Larry Tucker noted that the project has been before Council three times, recommended it be moved up in the agenda, and suggested having a contract in place relative to the public-private partnership and funding mechanism before Council decides on the project. 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 - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters 1. Property: 4200 Campus Drive, Newport Beach, CA 92660 APN: 427-121-01 Agency Negotiators: Grace K. Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: Avis Rent A Car Systems, LLC; and D.E.K.K. Associates, a California limited partnership Under Negotiation: Price and terms of payment 2. Property: 3175 Airway Avenue, Costa Mesa, CA 92627 APN: 427-091-12 Agency Negotiators: Grace K. Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment Volume 64 - Page 249 City of Newport Beach Study Session and Regular Meeting November 19, 2019 3. Property: 1885 Anaheim Avenue, Costa Mesa, CA 92627 APN: 424-211-12 Agency Negotiators: Grace K. Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment V. RECESSED - 6:31 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. 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 (arrived at 7:30 p.m.) VIII. CLOSED SESSION REPORT City Attorney Harp announced that no reportable actions were taken. IN. INVOCATION - Pastor David Manne, Calvary Chapel of Costa Mesa X. PLEDGE OF ALLEGIANCE - Council Member Brenner XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON Without objection, Mayor Dixon announced that the Lecture Hall Project (Item 24) will be discussed after the Consent Calendar and Council Member reports will be moved to the end of the meeting. Council Member Duffield: • Displayed a slide to announce that a meeting relative to the Lower Newport Harbor Dredging Project Confined Aquatic Disposal (CAD) facility construction will be held on December 4, 2019 Council Member Brenner: • Displayed a slide to discuss the Newport -Mesa -Irvine Interfaith Council's Hearts and Hands 2019 campaign and service projects on November 23, 2019 Mayor Pro Tem O'Neill • Announced the District 7 General Plan Update Workshop on November 20, 2019 Mayor Dixon: • Displayed a slide to announce the City's Operation Christmas campaign that will be collecting donations until December 23, 2019 • Requested a future meeting to discuss the Housing Element process and RHNA numbers XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Brenner suggested that Ordinance No. 2019-20 (Item 3) be brought back at the January 28, 2020 City Council meeting in order to conduct another public meeting in January. Volume 64 - Page 250 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Jim Mosher expressed his disappointment with the proposed restructuring of the Homeless Task Force (Item 5). Mayor Pro Tem O'Neill discussed how hard the City is working to deal with the homeless population issue, explained the reason for restructuring the Homeless Task Force, and assured that the Homeless Task Force will still rely on the expertise in the community and hold public meetings. Mike Glenn believed Item 3 (Adoption of Ordinances Modifying the City's Regulation of Municipal Campaign Contribution and Expenditure Limits and Establishing Lobbyist Registration, Reporting and Disclosure Requirements) will give Council Members more time to correct fundraising errors. City Attorney Harp clarified that Ordinance No. 2019-19 includes a provision to correct inadvertent errors. Council Member Brenner added that the ordinance applies to all candidates. Allan Beek believed Ordinance No. 2019-19 is inadequate and suggested that the City provide campaign funding to candidates in order to eliminate undo influences by contributors. Mayor Pro Tem O'Neill noted that cities that assist with campaign funding cannot outlaw Political Action Committees (PAC) which raise large amounts of money and do not have campaign restrictions. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 5, 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. ORDINANCES FOR ADOPTION 3. Adoption of Ordinances Modifying the City's Regulation of Municipal Campaign Contribution and Expenditure Limits and Establishing Lobbyist Registration, Reporting and Disclosure 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) Conduct second reading and adopt Ordinance No. 2019-19, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 1.25 of Title 1 of the Newport Beach Municipal Code Pertaining to Municipal Campaign Contribution and Expenditure Limits; and c) Continue Ordinance No. 2019-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.12.020, Subsection J, and Adding Chapter 1.28 to Title 1 of the Newport Beach Municipal Code to Increase Transparency in Government Operations and Establish Lobbyist Registration, Reporting and Disclosure Requirements. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2019-99: Amending the Expiration Date of the Ad Hoc Committee for Local Business Advancement [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) Adopt Resolution No. 2019-99, A Resolution of the City Council of the City of Newport Beach, California, Amending the Expiration Date of the Ad Hoc Committee for Local Business Advancement. Volume 64 - Page 251 City of Newport Beach Study Session and Regular Meeting November 19, 2019 5. Resolution No. 2019-100: Restructuring of the Homeless Task Force [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) Adopt Resolution No. 2019-100, A Resolution of the City Council of the City of Newport Beach, California, Reconstituting the Character, Membership and Purpose of the Newport Beach Homeless Task Force. CONTRACTS AND AGREEMENTS 6. Slurry Seal Program - Notice of Completion for Contract No. 7432-1 (19R04) [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 Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 7. Grand Canal Dredging Project Phase 2 - Notice of Completion for Contract No. 8171-2 (16H12) [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. S. Annual Concrete Replacement Program - Award of Contract No. 7682-1 (20R06) [38/100- 2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1, (maintenance of existing public facilities involving negligible or no expansion of use), 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. 7682-1 to Western Construction Specialists, Inc., for the total bid price of $741,300.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $37,000.00 (approximately 5 percent) contingency to cover the cost of unforeseen work not included in the original contract. 9. Bison Avenue, San Joaquin Hills Road and San Nicolas Drive Pavement Rehabilitation Project - Award of Contract No. 7433-2 (19R21) [38/100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1, (maintenance of existing public facilities involving negligible or no expansion of use) 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. 7433-2 to R.J. Noble Company, Inc., for the total bid price of $2,681,325.00, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $270,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract. 10. West Coast Highway Median Landscaping Phases 2 and 3 - Award of Contract No. 7189-2 (18111) [38/100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) (minor alterations 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 drawings and specifications; Volume 64 - Page 252 City of Newport Beach Study Session and Regular Meeting November 19, 2019 c) Recognize KASA Construction, Inc. as the lowest responsive bidder based on the base bid plus all additive bid items and award Contract No. 7189-2 to KASA Construction, Inc. for the base bid price of $967,450.50 plus additive bid items 44, 45 and 46 to add artificial rocks to Phase 1 for $7,900.00, for a total contract price of $975,350.50, and authorize the Mayor and City Clerk to execute the contract; d) Establish $97,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-022 appropriating $64,739.00 from unappropriated Neighborhood Enhancement Fund balance to the West Coast Highway Median Landscaping Project 181,11. 11. Newport Island Park Enhancements - Award of Contract No. 7500-1 (191,01) [38/100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (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 drawings and specifications; c) Award Contract No. 7500-1 to Green Giant Landscape, Inc. for the total bid price of $305,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $30,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract; and e) Allow the installation of Newport Island Homeowners Association (HOA) storage shed, direct staff to enter into an Encroachment Agreement (C-7500-2) with the HOA, and authorize the City Manager and City Clerk to execute the Encroachment Agreement on a form approved by the City Attorney. 12. Approval and Award of Agreement for Commercial Refuse Removal Services for City Facilities to CR&R, Incorporated (C-8569-1) [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 a Maintenance and Repair Services Agreement with CR&R, Incorporated for commercial refuse removal services for a five-year term with a total not -to -exceed amount of $651,614.17, and authorize the Mayor and City Clerk to execute the agreement as to a form approved by the City Attorney. 13. Approval and Award of Maintenance and Repair Services Agreement with Am -Tec Total Security, Inc. (C-7595-2) [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; and b) Approve a three-year agreement with Am -Tec Total Security Inc. for Alarm and Security Camera systems maintenance and repair services for a total not -to -exceed amount of $235,200, and authorize the Mayor and City Clerk to execute the agreement. 14. Final Tract Map No. 18108 for a Mixed -Use Condominium Development Located at 410 and 412 29th Street (C-8420-1) [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; b) Review and approve the Subdivision Agreement for Final Tract Map No. 18108 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for Final Tract No. 18108 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities; and Volume 64 - Page 253 City of Newport Beach Study Session and Regular Meeting November 19, 2019 d) Review and approve Final Tract Map No. 18108 located at 410 and 412 29th Street pursuant to Section 19.60.010 of the Municipal Code. 15. Fourth Amendment to the Joint Powers Agreement for the Metro Cities Fire Authority (C-3089) [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 and authorize the Mayor and City Clerk to execute the Metro Cities Fire Authority Fourth Amended Joint Powers Agreement. 16. Professional Services Agreement for Document Printing, Mailing Services and Online Presentment (C-8614-1) [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 a five year Agreement with InfoSend, Inc. for a total not -to -exceed amount of $703,300. 17. Amendment No. Two with Basin Marine for Balboa Yacht Basin Management Services (C-4708) [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. 2 with Basin Marine Inc. for Balboa Yacht Basin Management Services for one additional year. 18. Approval and Award of Professional Services Agreement for Integrated Library System Software with SirsiDynix (C-8615-1) [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 the Professional Services Agreement between Newport Beach Public Library and SirsiDynix for the purchase, installation, implementation and maintenance services for the Symphony Integrated Library System in an amount not -to -exceed $472,378. 19. Approval of Professional Services Agreement for SCADA System Services (C-8616-1) [381100- 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) Approve the Professional Services Agreement with Partners In Control dba Enterprise Automation for SCADA System services for a five-year term with a total not -to -exceed amount of $1,000,000; and c) Authorize the Mayor and City Clerk to execute the Agreement. A//6Y1I DIIII!<WgDf/1dC5 20. Adoption of 2019 Sewer System Management Plan Update [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) Adopt the City's 2019 Sewer System Management Plan as required by the State Water Resources Control Board. Volume 64 - Page 254 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Motion by Mavor Pro Tem O'Neill, seconded by Council Member Avery, to approve the Consent Calendar, with the continuance of Ordinance No. 2019-20 (Item 3); and noting the amendments to Item 1. The motion carried unanimously. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS XVIII. Mike Glenn discussed why he has not been attending City Council meetings, but pledged to be active in the community from this day forward. Ryan Reza Farsai expressed concern with how the City is spending its money, particularly that Grant Howald Park restrooms did not have paper towels in the restroom even though it will be going through a renovation. 24. Central Library Lecture Hall Building Design - Approval of Professional Services Agreement (19F11) (C-7444-2) [38/100-2019] Deputy Public Works Director Houlihan and Senior Civil Engineer Tauscher utilized a presentation to display the proposed location, discuss the Library Lecture Hall Design Committee (LLHDC), the public meetings, the design consultant selection process, proposed schedule and budget, and staff recommendations. Mayor Pro Tem O'Neill noted a suggestion by Larry Tucker during Study Session and suggested that, by the conclusion of Phase 1, a Memorandum of Understanding (MOU) between the City and the Newport Beach Library Foundation (Foundation) is executed to make it clear that the City will not expend funds for Phases 2 and 3 without knowing if private funding will be used and to let the private donors know of the City's commitment. He indicated that a City Council ad hoc committee can assist with the MOU. With the exception of Council Members Muldoon and Duffield, the majority of Council agreed that Mayor Pro Tem O'Neill's suggestion about the MOU should be added to the motion. Barbara Glabman, Chair of the Board of Library Trustees, believed the facility wouldbe more than just a lecture hall, but a community gathering center, assured there will be private funding and the City would still own the facility, noted this type of partnership was how the Central Library was built, announced that over 72,000 people have attended the more than 200 events that the library has hosted, and pointed out that the programs were completely funded by the Foundation and Friends of the Newport Beach Library (Friends). Elizabeth Stahr stated she and her husband raised the money to build the Central Library, noted the library is always full, believed the City deserves a better and bigger facility to hold lectures, and indicated other community groups are interested in using it. Lizanne Witte discussed the benefits of the library, believed the City should nurture and help it flourish, indicated the public always suggests speakers and topics to have at the library, and expressed the opinion that a lecture hall in the City is long overdue. Karen Clark, Vice President of the Foundation and former Board of Library Trustees member, pointed out that the Friends and Foundation provide all the programming to the library at no cost to taxpayers and will do the same for the lecture hall, and discussed how the lecture hall could be well utilized by the City, organizations, and businesses. Volume 64 - Page 255 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Liam Ganion, Corona del Mar High School student, discussed the importance of the library to him, stated he would like to see his little sister have more resources than him, expressed support for the lecture hall, and believed the local students utilize the library a great deal and want it to expand. Mike Glenn discussed the amount of debt the City has and asked that this be taken into consideration. Toby Larson, Foundation Board of Directors, took issue with the suggestion to hold the library events at other non-hbrary sites, emphasizing that library events are intended to bring people to the library not away from it, and requested Council's support for placing the lecture hall on the library campus. Paul Watkins, Vice Chair of the Board of Library Trustees, listed several of the authors who have spoken at the library over the past 23 years during the Witte Lecture Series, took issue with possibly considering asking those speakers to hold their lectures off campus, requested Council's support for creating the lecture hall on the library campus, and noted the lecture hall will be functional and efficient without losing any parking spots. Karen Evarts, former Library Board of Trustee (1983-91), noted the vote to build the library was unanimous, commended the expansion but believed the Friends bookstore is too small, and encouraged Council to support the lecture hall. Peter Keller, President of Bowers Museum, commended the Witte Lecture Series speakers but believed they do not have the proper facility to provide their lectures, suggested that the City have a lecture hall, and agreed with the LLHDC's selection of Robert Coffee Architect and Associates. Walter Stahr, author, noted authors love going to libraries, gave the Friends Room a B -/C+ as a venue use, discussed issues with the Friends Room, believed having a lecture hall is essential to building on the success the library has had, and expressed support for the proposed location. Jim Mosher expressed reasons why he is disappointed with the presentation and staff report, and believed what is being described is an auditorium, not a lecture hall. Steve Rosansky, President of the Newport Beach Chamber of Commerce, stated that the Chamber board of directors unanimously voted to support moving forward with the lecture hall concept and design, indicated there has been interest from the business community to rent the lecture hall, believed this could generate revenue, indicated this issue reminds him of when he dealt with Newport Coast Community Center while on the City Council, and believed the lecture hall will be well used, become a gathering place, and will help make the City a community. Larry Tucker refuted statements made by Bob McCaffrey in letters and news articles. Bob McCaffrey expressed concern with the amount of debt the City is in due to the Civic Center and Park and with pension costs, noted Council received opposition emails, believed the City can spend the $8 million on more needed things, noted he is not opposed to the lecture hall just with using taxpayer money to build it, and suggested the Foundation raise 100% of the money. Jill Johnson -Tucker, Chair of LHDC and former Library Board of Trustees member, reiterated that over 70,000 people attended library programs, took issue that the opposition emails were form emails based on misinformation, clarified that the City's share would be $4 million, not $8 million since the other half will come from fundraising, noted that six peer libraries in the state already have lecture halls without requiring private funding, believed it would be fiscally responsible to support this effort, and indicated they are ready and already have over $1 million. Council Member Muldoon stated that he has heard from residents who are concerned about the City's spending, so indicated he will be respectfully voting no on this. Volume 64 - Page 256 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Mayor Pro Tem O'Neill discussed the City's Civic Center and Park debt and unfunded pension liability, the City's surplus funds that are used to pay down long term liabilities, and the Facilities Financial Plan (FFP). He indicated he would normally vote no on this; however, the lecture hall is infrastructure the City can build that brings people together. He expressed the opinion that the lecture hall is a project that is worth moving forward with, as long as it is negotiated properly. Council Member Avery believed the Civic Center area is now the City's center and it should invest in this area while it can, encouraged the City to move forward with this and not overweigh what could happen in the future since the City is meeting its financial obligations, expressed support for building facilities that encourage coming together, indicated the City should encourage the project if the public is willing to fund half of it, and stated he respects Mr. McCaffery's and Council Members' concerns but will be supporting this. Council Member Duffield indicated residents support having a lecture hall, but not the City paying $4 million for it because there are so many other things the City needs to pay for. Council Member Brenner stated that the City is so amazing because everyone works together and does things for the greater good that they might not have chosen for themselves, commended the Finance Committee for its diligence with the City's finances, indicated she looked at this as if the City were a business that had the opportunity to acquire an asset for half the price, and believed the City should move forward with the project. Council Member Herdman believed that, given the City's plan for its financial future, it is reasonable to add a community asset at this time, noted that the majority of correspondence received expressed support for the project, and stated he senses there is a great deal of community support for this. Mayor Dixon indicated she served on the Finance Committee for five years, noted the characteristic of the community is to be fiscally responsible, discussed the City's financial outlook, and emphasized the City also needs to invest in its current way of life and quality of life, and not shortchange the future. Motion by Mavor Dixon, seconded by Council Member Herdman, to a) determine this action is exempt from environmental review under CEQA pursuant to the categorical exemptions set forth in Sections 15301 (Existing Facilities) and, 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because there is no substantial evidence demonstrating an exception to reliance on the categorical exemptions; b) approve the Second Amendment to the Declaration of Special Land Use Restrictions (C-7769-1) on the property between the City of Newport Beach and The Irvine Company LLC; c) approve a Professional Services Agreement (PSA) with RCA of Newport Beach, California, for the Lecture Hall project at a not -to -exceed price of $637,670, and authorize the City Manager and City Clerk to execute the Agreement on a form approved as to form by the City Attorney; d) approve Budget Amendment No. 20-021 appropriating $110,000.00 from Building Excise Tax Fund Balance to the Lecture Hall Project 19F11; and e) have City staff return to the City Council, prior to work being authorizedfor Phase 2 and Phase 3 of the PSA with RCA, with an agreement between the City and the Newport Beach Library Foundation setting forth the Foundation's obligations related to fundraising for the project. With Council Members Duffield and Muldoon voting no, the motion carried. Mayor Dixon recessed the meetingat 8:45 p.m. and reconvened the meeting at 8:52 p.m. with all members of the City Council in attendance. XVII. PUBLIC HEARINGS 21. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project - Adoption of Mitigated Negative Declaration, Approval of Conceptual Design, and Approval of Professional Services Agreement with Dokken Engineering (Contract No. 8020-5) [38/100- 20191 Volume 64 - Page 257 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Council Member Muldoon recused himself due to potential business interest conflicts. Deputy Public Works Director Houlihan, Senior Civil Engineer Tran, Associate Planner Crager, and Recreation and Senior Services Director Detweiler utilized a presentation to provide the project background and update, discuss the proposed improvements, review the conceptual designs for the pedestrian bridge options, the parking lot, and three options for the recreation area, discuss the public outreach and feedback, how Sunset Ridge Park is used, and highlight the environmental review, mitigation measures, public comments, exemptions from the Zoning Code, Local Coastal Program (LCP) compliance, the preliminary cost estimate and schedule, and recommendations. In response to Council questions, staff noted that the California Coastal Commission (CCC) denied providing access to the road that would lead to parking, so the park was built without a parking lot, reviewed the distance to the closest building at Villa Balboa, explained the funding and grants, stated the only dog park in the City is at the Civic Center and the neighbors have not complained about it, reported that the Parks, Beaches and Recreation Commission (PB&R) supports using this location for a dog park, reviewed the Civic Center Park's cleaning schedule, and confirmed dogs are allowed at City parks as long as they are on a leash. Council Member Avery indicated the City should have a contingency plan in the event it is wrong about the noise levels at the dog park, but believed the neighbors will not be greatly impacted by noise. Mayor Dixon opened the public hearing. V Laird Hayes, PB&R Commissioner, stated he was on the ad hoc committee that reviewed potential sites for a dog park, expressed support for placing it at Sunset View Park, and discussed noise issues that have been corrected. Josef Szigeti, realtor, expressed concerns related to odor, noise, and safety at the dog park, believed the park is not big enough to accommodate that use, and suggested keeping the grass area. Mike Glenn believed the City should not blame the CCC for building a park with no parking, the dog park is being presented as an alternative to dog beach, and removing the dog park in the future will be harder than constructing it. Doug Tamkin, Villa Balboa resident, utilized a presentation to discuss sound levels, refraction of wind, and temperature inversion, and believed Villa Balboa residents will hear dogs barking. Wendy Kaiser, Villa Balboa resident, expressed concerns regarding noise, noted the park is near Hoag Hospital's quiet zone, believed the dog park would ruin the area's tranquility, discussed the importance of the earthen mound, expressed support for Alternative 3, and suggested working with the CCC on the parking issue. Sandi Frizzell, Villa Balboa resident, stated she lives closest to the proposed dog park, expressed concerns regarding noise, noted the earthen mound cannot be replaced once it is removed, and requested that Council find another place for the dog park. Susan Wenzel displayed a video relaying Handsome Bob and Daisy's support for the dog park. Carolyn Middlebrooks, Villa Balboa resident, stated she and other residents visited the Civic Center dog park and found the noise and smell offensive, believed this location is not a good fit, and indicated she even hears noise from Balboa Coves. Deborah Gero, Villa Balboa resident, displayed slides to show how the current site is utilized, noted they already get a lot of street noise, expressed support for Alternative 3, expressed concern that a dog park would be welcoming for the homeless, emphasized that safety is the priority, and stated she supports adding parking and buildinig the pedestrian bridge. Volume 64 - Page 258 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Bruce Bartram expressed concern that the pedestrian bridge would change the scenic vista of the current view and believed a full Environmental Impact Report (EIR) should have been done, not just a M tigated Negative Declaration (MND). Sharon Boles, Newport Crest resident, expressed opposition to the dog park proposal, but support for the parking lot, pedestrian bridge, and landscaping proposals. Andy Keller, Villa Balboa resident, stated he moved to Newport Beach because of the views at Sunset View Park and believed placing a dog park there does not make sense. Terry Kristiansen, Villa Balboa resident, expressed concern that people using the park will enter Villa Balboa property and disrupt their serenity, and suggested placing the dog park somewhere else. Ed Marthaller, Villa Balboa resident, stated he loves dogs, but opposes placing a dog park near residents that are not allowed to have dogs, and expressed support for Alternative 3. Mark Wilser, Villa Balboa resident, displayed aerials of dog parks at the Civic Center, Beverly Hills, and Maryland, compared the Sunset View Park dog park with the Civic Center and Beverly Hills dog parks, reviewed the survey he conducted about the dog park, and expressed support for Alternative 3. Keira Kirby, Newport Heights, expressed support for the dog park, believed it would be appreciated and used, and the park is on City property and should be accessible to all citizens. Cheryl Menison, Villa Balboa resident, stated she is a health care provider and oftentimes goes to bed in the morning, expressed concern relative to dog and vehicle noise, and asked when dogs became more important than people. Gloria Miller, Villa Balboa resident, stated she is a health care provider, believed Sunset View Park is not a good location for a dog park since it is close to a road, and expressed concern that having dogs in that area would invite coyotes at all hours. Marni Tucker, Villa Balboa resident, stated she has four dogs, but does not support placing a dog park at Sunset View Park, and requested that Council leave the park as is. Gina Rios, Villa Balboa resident, stated the current environment is serene and tranquil, believed a dog park does not fit with the surrounding community and should be placed elsewhere that is safer, and expressed the opinion the dog park would become a source of future complaints and environmental issues. Judy Shuster, Villa Balboa resident, indicated the proposed size of the dog park is only 20% of the size recommended by the Humane Society and believed a destination dog park would eliminate their right to live peacefully. Dave Lucado, Villa Balboa resident, stated he lives on the first floor, the wall that separates his patio from the dog park is very low, expressed concerns for his children if a dog j umps his wall, and suggested that Council approve Alternative 3 since a dog park could attract the homeless and increase traffic. Mr. Parthiban, Villa Balboa resident, stated he bought his property because of the views and serenity, and requested that Council oppose constructing a dog park. Suresh Parikh, Villa Balboa resident, stated he moved there due to the views, took issue that the earthen mound would be removed if a dog park was constructed, expressed concern for his property value, and suggested that Council approve Alternate 3. Robert Bone, Villa Balboa resident, believed a dog park would not add to the City's natural beauty and ambiance, and recommended choosing Alternative 3. Volume 64 - Page 259 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Renu Parthiban stated she bought in Villa Balboa because of the views, expressed concerns relative to privacy, noise and odor, and requested Council not approve the dog park. Michael Call, Villa Balboa resident, expressed support for Alternative 3, discussed how the area is currently being used, and expressed concern that all those uses will be eliminated if the earthen mound is removed. David Schnitzer expressed support for placing a dog park at Sunset View Park and believed the concerns mentioned are overblown and that the City needs more places for dogs. Ms. Seppi, Villa Balboa resident, stated she is a health care provider, works late nights, and moved to Villa Balboa because of the serenity, views, and sense of community, and asked that the area be kept open for everyone and not just for people with dogs. Sherry Campagnoni, Villa Balboa resident, expressed concern for removing the earthen moundbecause it acts as a sound barrier from Pacific Coast Highway and believed people will spill into the Villa Balboa community. Chris Nelson agreed with selecting Alternative 3, even though the City needs more locations for dogs. David Tanner agreed with the objective to use the park, but stated he is not convinced the project will achieve its objectives, believed the parking lot will be used more for beach visitors than park users, and provided his recommendations. Philip Thompson asked Council to consider placing a dog park on the Banning Ranch site and discussed noise at dog parks. Jack Rose, Ebb Tide resident and Newport Crest property owner, questioned whether the City should spend money for the pedestrian bridge, took issue that no one from organized sports is in attendance to support the bridge, questioned how many people use Sunset Ridge Park, and asked why a pedestrian bridge is not being proposed over Pacific Coast Highway. Jim Mosher questioned the City Council working group, noted what people consider an impact on views is subjective, expressed concern that drivers will see a retaining wall with this project, believed some of the dog park concerns are overblown, but agreed that the area that is uniquely valuable to people should be reserved for people, not dogs, noted the Newport Beach Municipal Code currently does not allow dogs off leashes in parks, a dog park has been approved at Newport Crossings, and expressed support for Alternative 3 because it is most in harmony with the General Plan. Jim Kaiser, Villa Balboa resident, expressed support for the pedestrian bridge, but not the dog park. Hearing no further testimony, Mayor Dixon closed the public hearing. At Mayor Dixon's request, City Manager Leung discussed the number of emails and correspondence received in support or opposition to the dog park. Council Member Avery thanked everyone for attending the meeting, believed the residents who are going to be most impacted by Council's decision should be given more weight, but emphasized that Sunset View Park is City land and belongs to the public, and indicated that Council wants to support PB&R's decision, but stated he will now support Alternative 3 after hearing all the testimony. Council Member Brenner reported she walked the site today with staff and Council Member Herdman, stated she does not think the impact would be as drastic as discussed, indicated that after standing on the earthen mound and seeing the spectacular view, she cannot support eliminating it completely, and stated she will also support Alternative 3 as the compromise that allows everyone to use the park. Volume 64 - Page 260 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Mayor Dixon indicated that sports organizations would utilize Sunset Ridge Park more, but parking and safety issues have been an obstacle, appreciated the sentiments of the residents but reminded everyone that Sunset View Park is on public property, did not believe that dogs being prohibited at Villa Balboa should determine the surrounding uses, expressed concern with not following PB&R's recommendation, but noted this is located in Council Member Avery's district and adjacent to her district, pointed out that the views will not be compromised if a park were constructed there, believed the dog park is too small, and received clarification about hours of operation. Motion by Council Member Averv, seconded by Council Member Brenner, to a) adopt Resolution No. 2019-101, A Resolution of the City Council of the City of Newport Beach, California, Exempting a Public Parking Lot, Pedestrian Bridge, and Public Park from Development Standards and Permit Requirements, in Accordance with Section 20.40.040 of the Newport Beach Municipal Code (PA2019-014); b) adopt Resolution No. 2019-102, AResolution of the City Council of the City of Newport Beach, California, Adopting Mitigated Negative Declaration No. ND2019-002 (SCH# 2019099074) for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (PA2019-014), including the errata document that was distributed at the meeting; c) approve the conceptual design for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project including the proposed concrete bridge, parking lot, and passive recreation area at Upper Sunset View Park (open space) adjacent to existing Sunset View Park (terraced retaining walls with a level grass area up high); and d) approve a Professional Services Agreement with Dokken Engineering of San Diego, California, for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project at a not -to -exceed price of $919,890.00, and authorize the Mayor and City Clerk to execute the Agreement. With Council Member Muldoon recusing himself, the motion carried. 22. Ordinance Nos. 2019-17 and 2019-18: Adoption of the 2019 California Building Standards Code and 2019 California Fire Codes with Local Amendments [100-2019] Mayor Dixon opened the public hearing. Hearing no testimony, she closed the public hearing. Motion by Mavor Pro Tem O'Neill, seconded by Council Member Muldoon, to a) find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a physical change to the environment, directly or indirectly; b) waive full reading, direct the City Clerk to read by title only, and adopt Ordinance No. 2019-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2019 California Building Code Designated as the Newport Beach Administrative Code, 2019 California Historical Code, 2019 California Existing Building Code, 2019 California Green Building Standards Code, and 2019 California Energy Code, 2018 International Property Maintenance Code with Local Amendments, 2019 Edition of the California Building Code, 2019 Edition of the California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2018 International Swimming Pool and Spa Code with Local Amendments and Amending Chapter 15.10 (Excavation and Grading); and c) waive full reading, direct the City Clerk to read by title only, and adopt Ordinance No. 2019-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2019 Edition of the California Fire Code, as forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments. The motion carried unanimously. 23. Conduct a Proposition 218 Public Hearing and Consider a Water Rate Increase [100-2019] Utilities Director Vukojevic provided a brief staff report and City Clerk Brown announced that five protest letters and nine phone calls were received. Mayor Dixon opened the public hearing. Volume 64 - Page 261 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Mike Glenn asked if the City accounted for the cost of unfunded pension liability and employees in the water division when calculating the rate increase and believed the City could p artner with other water agencies to save money. Ryan Reza Farsai discussed the history of water and how the City gets its water, asked how the rate increase is being justified, and suggested that the City remove the restriction on the water rate since it is no longer in a drought and seek alternative routes to get revenue. Jim Mosher stated he did not file a protest, hoped that the City makes a better effort to calculate the allocation of fixed rates more scientifically or equitably in the future, noted the infrastructure is not being built based on meter size, but on how much water is being used, and suggested looking at the water bills next time to see how much is being used by the different meters and divide the cost by usage. Hearing no further testimony, Mayor Dixon closed the public hearing. Mayor Pro Tem O'Neill noted that pension costs were included in Appendix 1, discussed why water rates are difficult to compare, and indicated that the 7.5% increase was explained in the water rate study and presentations given to the Finance Committee and City Council. Motion by Mavor Pro Tem O'Neill, seconded by Mayor 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; b) direct the City Clerk to tabulate the results of the protests received from property owners and customers and announce the findings; c) waive full reading, direct the City Clerk to readby title only, and adopt Ordinance No. 2019-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.12 (Water Rates and Charges) of the Newport Beach Municipal Code Setting Water Rates by Resolution and Other Related Changes; and d) adopt Resolution No. 2019-103, A Resolution of the City Council of the City of Newport Beach, California, Establishing Water Charges Effective January 1, 2020 and Four Years of Phased in Increases Thereto. Council Member Avery commended Utility Director Vukojevic. Mayor Dixon reported on seeing how aging infrastructure has affected the City, noted that part of the rate increase will assist with funding the City's infrastructure, and commended staff and the consultant. With Council Member Muldoon voting no, the motion carried. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Council Member Muldoon reported he met with the CEO of JetSuiteX who conducted a noise study that indicated it shows that NextGen's departure procedure is much louder than the previous procedures, and requested that the noise expert attend a future meeting to explain the findings, what can be done, and how other airlines could follow in JetSuiteKs path to explore more efficient and quieter ways to depart out of John Wayne Airport. Mayor Dixon utilized slides to announce that a Public Safety Seminar will be held on November 23, 2019, and display a photo with a family who is visiting the City through the Jack and Jill Late Stage Cancer Foundation XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT- 11:00 p.m. Volume 64 - Page 262 City of Newport Beach Study Session and Regular Meeting November 19, 2019 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 November 14, 2019, at 4:00 p.m. Leilani I. Brown City Clerk Diane B. Dixon Mayor Volume 64 - Page 263