HomeMy WebLinkAbout11/19/2019 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
November 19, 2019
I. ROLL CALL - 5:00 p.m.
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
II. CURRENT BUSINESS
SS1. 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 Contino 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.
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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, 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 have 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 be.
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 managed by 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.
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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.
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
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City of Newport Beach
Study Session and Regular Meeting
November 19, 2019
3. Property:
Agency Negotiators:
Negotiating Parties:
Under Negotiation:
V. RECESSED - 6:31 p.m.
1885 Anaheim Avenue, Costa Mesa, CA 92627
APN: 424-211-12
Grace K. Leung, City Manager
Seimone Jurjis, Community Development Director
Lauren Whitlinger, Real Property Administrator
City of Costa Mesa
Price and terms of payment
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem
Joy Brenner, Council Member Duffy
Kevin Muldoon (arrived at 7:30 p.m.)
VIII. CLOSED SESSION REPORT
Will O'Neill, Council Member Brad Avery, Council Member
Duffield, Council Member Jeff Herdman, Council Member
City Attorney Harp announced that no reportable actions were taken.
IX. 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
COMMITTEE ACTIVITIES
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.
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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
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.
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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) [381100-2019]
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) [381100-2019]
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.
8. Annual Concrete Replacement Program - Award of Contract No. 7682-1 (20R06) [381100-
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) [381100-2019]
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
(18L11) [381100-2019]
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;
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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 18L11.
11. Newport Island Park Enhancements — Award of Contract No. 7500-1 (191,01) [381100-2019]
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) [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 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) [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) 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
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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) [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 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) [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) 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) [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. 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) [381100-2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result
in a physical change to the environment, directly or indirectly; and
b) Approve the 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-
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 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.
MISCELLANEOUS
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.
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Motion by Mayor 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.
With Council Member Muldoon absent, the motion carried.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
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.
XVIII. CURRENT BUSINESS
24. Central Library Lecture Hall Building Design - Approval of Professional Services
Agreement (19F11) (C-7444-2) [38/100-20191
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, Board of Library Trustees member, believed the facility would be 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.
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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 -library 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 Trustees member, 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,
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 some imagine 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 LLHDC and former Board of Library 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.
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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 Mayor 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 authorized for
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 meeting at 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
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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.
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.
Sandy 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 building the pedestrian bridge.
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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
Mitigated 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 Marthaler, 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 jumps 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 Alternative 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.
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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 Compagnoni, Villa Balboa resident, expressed concern for removing the earthen mound because
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.
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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 Avery, 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 Mayor 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 H 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 [100-20191
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.
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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 partner 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 Mayor 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 read by 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.
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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.
c
Leilani I. rown
City Clerk
Diane B. Dixon
Mayor
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