HomeMy WebLinkAbout01 - Minutes - AmendedFebruary 11, 2020
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Planning Session (Special Meeting)
January 25, 2020
I. Roll Call - 9:00 a.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
Pledge of Allegiance - Council Member Herdman
II. Public Comments on Non -Agenda Items
Jim Mosher stated he was glad that the Planning Session meeting was being held in the Council
Chambers, believed these meetings have turned into reports from staff of what they want to do during
the year instead of what Council wants to do, and suggested Council give voters a chance to change
elections to be strictly district -based, N4 - ,r strictly at -large with no districts, andsifie
add a run-off system.
III. Undate on Fiscal Issues
Finance Director Matusiewicz utilized a presentation to discuss FY 2018-19 General Fund (GF)
reserves, FY 2019-20 revenues and 2020 expenditures, the FY 2020-21 preliminary revenue outlook,
funding challenges related to Ca1PERS pensions and service needs, pension plan balance and funded
status, a graph of unfunded pension liability based on past losses, CalPERS' expected return and risk
estimates, and a graph of funded status projections through 2034.
In response to Council questions, Finance Director Matusiewicz confirmed that the revenue estimates
may be adjusted, will be used as the starting point for the budget, assists with calculating the operating
budget, t'me e '�8'es and do not include grants or donations. He reported that paying down
unfunded pension liability avoids $115 million of interest for the City. Regarding property tax revenues,
he indicated that staff is starting to see the rate of -growth begin to slowt�e.
Mayor O'Neill reported that the City is one of two cities in Orange County that saw a pension funded
status increase, explaining that there is a two year lag in receipt of valuations and the way the City has
been paying it down. Additionally, the City is one of only four cities in Orange County to project an
unfunded pension liability decrease in the coming year.
Council Member Muldoon thanked Council for continuing this effort.
Council Member Brenner noted that the City has been doing this while still maintaining a high level of
service, noting that other cities have raised taxes to fix roads. She commended the quality of service and
the City's financial integrity.
Mayor Pro Tem Avery agreed that maintaining the City's financial discipline is important, especially in
good times, and noted that the City is able to do this because it budgets well and generates a surplus
which is used to pay off unfunded pension liability.
Council Member Dixon noted that 70 cities in California had measures on their last ballot to raise taxes
and believed the City is fortunate that its residents continue to make private improvements and the
City continues to move forward with improvement projects.
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City of Newport Beach
Planning Session (Special Meeting)
January 25, 2020
City Manager Leung provided a presentation to discuss the changing employment landscape,
specifically relative to Assembly Bill 5, Ca1PERS and pension reform, and the City's staffing and
resources. She reported that, in some situations, it makes sense to bring on a full-time employee rather
than a contract employee.
Council Member Muldoon discussed the Contracts Clause of the United States and California
Constitutions which states that legislature cannot change a contractual relationship between two
parties. He requested that any proposal to do so be delayed.
Out of an abundance of caution, Council Member Duffield recused himself during harbor
related discussions due to business interest conflicts.
City -Harbormaster fBorsting utilized a presentation to highlight the Harbor Department's
accomplishments, code enforcement statistics since July 2018, goals for 2020, and proposed staffing
changes.
Council Member Dixon suggested that code enforcement data be compared to prior years going forward
In response to Council questions, Harbor Director Borsting discussed increased presence on the harbor,
noted the various models of service, indicated they will be working with the Recreation and Senior
Services Department to fill the gap that will be left due to UCI's departureR�-from Marina
Perk they will be revisiting dock usage, resource allocation and space allocation, and pointed out that
the harbor is the size of New York's Central Park.
Mayor Pro Tem Avery noted that the Harbor Department's budget is $1.2 million versus Avalon's
$5 million, there is a significant size difference between the harbors, and pointed out the City has
residences on its harbor. He believed the City needs to find more funding and commended Harbor
Director Borsting.
Council Member Brenner indicated she would like to see information about how harbor resources are
funded and how that compares to other harbors.
Dennis Baker complimented Council and the Harbor Department and suggested adding fire suppression
in the harbor by possibly using lifeguard boats as fire suppression boats and placing fire engines on
barges to fight fires from the waterside.
In response to George Lesley's questions, Mayor O'Neill indicated that Newport Beach Municipal Code
Title 17 (Harbor Code) will be discussed at the January 28, 2020 City Council meeting. Further, due to
the Public Employee Pension Reform Act's (PEPRA) reduced formula, City Manager Leung reported
that pension costs are less since employees are picking up more of the share and reiterated that there
may be a financial savings toconverting an hourly contract employee to a City employee.
IV. Undate on Continuing Initiatives
Housing Element Update
Mayor O'Neill noted that the City discussed this issue during the January 14, 2020 study session and
Item 20, pointed out applications for the Housing Element Update Advisory Committee are due today
and will be reviewed by himself, Mayor Pro Tem Avery, and Council Member Brenner, discussed the
appointment process, and suggested placing the City's letters regarding RHNA on the website.
Community Development Director Jurjis indicated that his department is creating a new housing
webpage which will include a cheat sheet/FAQs and the letters. He utilized a presentation to discuss
the Housing Element Update deadline, need for a consultant, the budget for the General Plan Update
(GPU) process, and RHNA units and action plan. He reported that he met with Senator Moorlach and
Assemblywoman Petrie -Norris, listed items the City will be challenging, and noted the need for maps
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City of Newport Beach
Planning Session (Special Meeting)
January 25, 2020
depicting where housing can be placed, clarification from the California Department of Housing and
Community Development (HCD) regarding credits toward the RHNA numbers, and monitoring bills
and legislation.
Charles Klobe noted Senator Moorlach co-authored SB 50 and Assemblywoman Petrie -Norris voted to
approve the housing bills.
David Tanner provided a handout that provides steps the State should be taking relative to housing
law, believed a housing maximum count should be established, and suggested the City look at the RHNA
numbers for the cities that Senator Moorlach and Assemblywoman Petrie -Norris reside in.
Jim Mosher believed the RHNA numbers came from SCAG's 20204-3-20345 Regional Transportation
Plan /Sustainable Communities Strategy, noted that the public comment period closed January 24,
2020, asked if staff is monitoring the document since some of the data is incorrect, and agree that the
City should protest the concept of continuous growth.
Mayor O'Neill requested that staff contact SLAG to correct the data and reported the City sent a letter
to Senator Weiner opposing SB 50.
Council Member Dixon expressed concern that Senator Weiner supports building skyscrapers to
accommodate housing.
Community Development Director Jurjis indicated that staff is monitoring SCAG's document and is
working with them to amend the data. He expressed concern that the housing plan is not looking at
transportation needs.
Homelessness
Assistant City Manager Jacobs presented the City's homeless strategies and efforts, reported there are
43 homeless individuals in the City, discussed the need for housing vouchers and the challenges between
getting a housing voucher and actually housing an individual, reviewed the resources dedicated to this
effort, and reviewed outreach statistics for the period covering March to December 2019.
Mayor O'Neill stated he received requests to have panhandling signs placed at the intersections of
San Miguel Drive/San Joaquin Hills Road and Newport Center Drive/San Miguel Drive, and noted that
the video is available for viewing of the Speak Up Newport presentation on homelessness.
Council Member Dixon commended the efforts of the City's Rapid Response Team and noted the
homeless count dropped from 60+ to 43.
Regarding housing vouchers versus utilizing a shelter, Mayor O'Neill reported that the City did not
receive any responses to the Request For Proposals (RFP) to operate the City's shelter due to the size of
the shelter, but assured everyone that the City is trying to do everything legally it can do. He noted the
City has not given up on the regional approach and collaborating with neighboring cities.
Council Member Muldoon indicated that the Martin u. Boise decision is vague as to whether a facility
must be placed within City limits, but believed the City has the capability to provide beds. He noted he
still supports placing a shelter at the City Yard and that having a City shelter should not be taken off
the table. Mayor O'Neill confirmed that having a City shelter is not off the table.
Mayor Pro Tem Avery believed the City has done a good job at evaluating the issue and keeping
humanity in the forefront, while not making mistakes by being too reactive. He stated the City is on the
right track, staff has done a great job in getting people housed, and asked that the public not take
Council's deliberative actions as not being committed to assisting the homeless.
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City of Newport Beach
Planning Session (Special Meeting)
January 25, 2020
Council Member Brenner assured everyone that the City is being strategic about its next steps, noted
that it might end up that State funding could only be used toward regional solutions, and asked how
the City could utilize the generosity of its citizens to help offset City costs.
Council Member Herdman commended staff for reducing the Point -in -Time homeless count from 64 to
43.
City Manager Leung utilized a presentation to discuss Permanent Supportive Housing (PSH) for seniors
and possible funding sources.
John Wayne Airport
Deputy City Manager Finnigan utilized a presentation to provide information relative to John Wayne
Airport (JWA) achievements in 2019, efforts for 2020, and airport/aviation consultant costs.
Solid Refuse Collection and Recycling
Public Works Director Webb utilized a presentation to highlight adjustments, changes, and upcoming
program modifications to accommodate State law changes and to control costs, and the possibility of
changing from a two receptacle residential waste collection system to a three receptacle system.
Mayor O'Neill questioned whether a code amendment could be made to require commercial green waste
haulers to divert green waste so it counts toward the City's credit, and asked if a hybrid system can be
used since space is limited in some parts of the City to accommodate three receptacles and to minimize
the number of trucks on the road.
Council Member Muldoon asked if it is better for the environment to use the garbage disposal or place
trash in the carts.
Mayor Pro Tem Avery noted his wife bought Zero Waste Home, believed this will be the future for
everyone, and agreed that people need to reduce the amount of waste they create.
Council Member Duffield left the meeting at 11:07 a.m.
Council Member Dixon discussed New York's strict trash restrictions, emphasized the need for
education, and noted that the change may result in a cost to the residents.
Council Member Brenner discussed her tour of the Orange County Sanitation District facility.
Public Comments:
Dennis Baker requested a panhandling sign be placed at Newport Boulevard and Pacific Coast Highway,
suggested using a hybrid regional homeless housing model in which cities could utilize each other's
empty beds if needed, requested clarification regarding Material Recovery Facilities (MRFs) and waste
digesters, and asked if the City has flexibility in who it hires for refuse service.
Allan Beek believed the City needs to coordinate with the County and receive better information on
whether to use a garbage disposal or place waste in trash.
Hoiyin Ip expressed support for supplying green waste receptacles and using a hybrid two or three -
receptacle program, commended Mayor Pro Tem Avery for mentioning zero waste, noted that increased
housing due to the RHNA numbers will create more trash, and suggested that education programs be
provided through the library.
Jim Mosher asked whether various Council committees meet publicly, like the Aviation Committee.
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City of Newport Beach
Planning Session (Special Meeting)
January 25, 2020
Mary Ann Crowe expressed support for partnering with neighboring cities for homeless shelter needs
and expressed concern with drug addiction issues within the homeless community.
David Tanner suggested that the City revisit the General Plan relative to energy independence,
discussed environmental justice as it relates to the airport area in the General Plan, asked the City to
lobby the airport to use best available technologies, and encouraged the City to do what is in the public's
best interest regarding the homeless issue, find ways to enforce existing laws, and create a City shelter
to house the homeless, even if it is in a parking lot.
Leonard Simon indicated that Long Beach established a public-private partnership to fund its arts
program and suggested using a similar model to receive public donations to assist with the homeless
issue.
George Lesley noted that Homeless Coordinator Basmaciyan indicated at the Speak Up Newport event
that it was hard to count the homeless population, but today there is a count of 43, discussed the Martin
u. Boise case, and believed that j ail is a temporary solution since they would be released back onto the
streets.
Rob Stewart stated his company provides tents to the California Department of Forestry and Fire
Protection during emergencies, they could provide tents to the City at a reduced cost to assist with a
short term shelter solution, and would contact City staff about his services.
In response to the public's questions, Mayor O'Neill stated that there is competition relative to �44g
€a44L MRFs but not with digesters; however, a digester is not needed in order to comply with the
organic waste diversion requirement; noted that some Council committee meetings are not public, but
the City is committed to providing updates and the public could contact the City Council; and discussed
the low success rate of temporary shelters compared to PSHs. Assistant City Manager Jacobs added
that the City has been tracking how many homeless individuals it has been in contact with for the past
90 days, but noted the count does not include individuals living in their vehicles.
Council Member Muldoon discussed options for assisting homeless individuals, believing that j ail is not
the best place for them unless it is to maintain public safety.
Ann Pauli discussed how France is using shipping containers to create inexpensive apartments.
Council Member Brenner stated that Orange County Sheriff Barnes indicated that, since many
homeless individuals do not have health insurance, sometimes jail is their best option in order to assist
them with their drug addiction.
V. Citv Council Meetine Dates
City Manager Leung reported that the Newport -Mesa Unified School District may be changing the first
day of school to August 24, 2020, so Council may want to consider changing the August 11, 2020 meeting
date to August 25, 2020. She also explained why the November 2020 Council dates are scheduled for
November 10 and 24, 2020.
Following discussion, it was the consensus of Council to move forward with changing the August 2020
Council meeting date and be flexible with future November City Council meeting dates, depending on
election dates.
Jim Mosher noted that the City historically had two meetings in August, but this was amended in the
Charter recently, and pointed out that many California cities meet weekly.
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City of Newport Beach
Planning Session (Special Meeting)
January 25, 2020
VI. Current and Proposed Capital Proiects
C,H4-]„N .:' rim _ Mayor O'Neill noted that the draft Capital Improvement Program (CIP) budget is not
available yet, but those discussions will begin at the March 10�, 2020 study session.
Council Member Brenner announced she would be recusing herself during discussions
relative to the Grant Howald Park Rehabilitation project due to real property interest
conflicts.
Council Member Herdman announced he would be recusing himself during discussions
relative to the Balboa Island drainage system projects due to real property interest conflicts.
Council Member Muldoon announced that he no longer is employed by the entity involved with
telecommunications; however, out of an abundance of caution, he would be recusing himself
from the following project discussions since he recused himself atprevious meetings:
1. Santa Ana Avenue/Avon drive — Sidewalk and Slope Improvement
2. City Streetlight Rehabilitation and LED Lamping (three circuits in Eastbluff)
3. West Coast Highway Landscape Improvements (between Newport Boulevard and the City Oil
Field)
4. Traffic Signal Rehabilitation Project
5. Grant Howald Park Rehabilitation
6. Superior Avenue Bridge and Parking Lot (Sunset View Park)
7. Advanced Water Metering Infrastructure
8. Underground Utility Assessment Districts 111, 113, 116, 116b and 117
9. Lido Fire Station No. 2 Replacement
Public Works Director Webb utilized a presentation to discuss current capital projects related to
facilities, streets and drainage, transportation, parks, harbors and beaches, water quality and
environmental, water and wastewater, and miscellaneous projects; and highlighted the Central Library
Lecture Hall project, Lido Fire Station Replacement project (Council Member Muldoon left the dais),
Junior Lifeguard Building project, Balboa Island Drainage System project (Council Member
Herdman left the dais), Lower Harbor Dredging project, potential new projects/programs, and funding
needs.
In response to Council questions, Public Works Director Webb indicated that staff will be seeking more
public input relative to the Ocean Boulevard Pavement Replacement project, provided updates relative
to the West Coast Highway Landscape Improvements project (Council Member Muldoon left the
dais) and the West Newport Streetscape project, noted the Cliff Drive Park clubhouse is proposed to
maintain the same design, reported that the American Legion bulkhead cap replacement will be paid
for with tidelands funds, stated that the restaurant on the Newport Pier will be removed during the pile
work, indicated that the Arches Storm Drain Dry Weather Diversion project would assist with the
bacteria closures that occur near the turning basin, noted the Carnation Avenue sewer main is being
replaced due to age and since a new street is scheduled to be be installed, discussed challenges and
solutions surrounding Assessment District 117 (Council Member Muldoon left the dais), and
reported that Congressman Ronda is supportive of the dredging project, is helping the City secure
funding, and Mayor Pro Tem Avery and Council Member Duffield will provide an update at the next
Council meeting.
Regarding the Central Library Lecture Hall, Mayor O'Neill noted that an item is on the January 28,
2020 Council meeting agenda to form an ad hoc committee to bring back a proposal regarding funding
and develop a series of milestones.
Charles Mobe asked that Council direct staff to look into the increased number of purple pipes
throughout the City.
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City of Newport Beach
Planning Session (Special Meeting)
January 25, 2020
Gina Lesley stated she is disappointed that there is not a fourth phase for the West Coast Highway
Landscape Improvements project (Council Member Muldoon left the dais) since the sidewalks are
narrow, requested the City ask the mobile home park owner to build a new fence, and questioned why
the sidewalk below Sunset Ridge Park is made of asphalt. She stated she has a meeting with Caltrans
in February about their facility on Coast Highway, hoped the City could join her, and believed Caltrans
would like the City to buy the land.
Public Works Director Webb stated that the City has not been able to fund Phase 4, Caltrans has talked
about widening the sidewalk and possibly installing different plants, and he will be speaking with the
Caltrans Director next month.
Hoiyin Ip noted that the City is proposing to use synthetic turf at some of its parks, but expressed
concern since bkeyt A is made of plastic.
VIII. Adiournment - Mayor O'Neill thanked everyone for attending, then adjourned the meeting
at 12:10 p.m.
The special meeting 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 January 23, 2020 at 11:00 a.m.
Will O'Neill
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
January 28, 2020
I. ROLL CALL - 4:00 p.m.
II.
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
SSI. Clarification of Items on the Consent Calendar - None
SS2. Proclamation to Barbara Sloate for Her Years of Volunteering at the OASIS Senior
Center
Council Member Dixon read the proclamation and commended Mrs. Sloate. Mayor O'Neill and
Council Member Dixon presented the proclamation to Mrs. Sloate who expressed her gratitude
for the opportunity to give back to the community.
SS3. Proclamation to Laird Hayes for His Contributions to the City of Newport Beach
The item was continued to the February 25, 2020 City Council meeting.
SS4. Newport Heights Pedestrian and Bicycle Facility Discussion
Mayor Pro Tem Avery noted previous public meetings on the issue, discussed the process, and
expressed his gratitude for the continued public input.
Public Works Director Webb and Principal Civil Engineer Sommers utilized a presentation to
review previous Council discussions; discuss contrasting community desires; highlight
completed improvements in Newport Heights; display an area map, the interior street layout,
existing bicycle facilities, a map of existing sidewalks and significant link streets, and a map of
Cliff Drive; explain shared lane markings (sharrows), on -street bike lanes, and protected bike
lanes; indicate triggers for a significant link street, sidewalk benefits and impacts, and its
existing layout and conditions; and describe considerations for further discussion.
In response to questions from the Council, Public Works Director Webb and Principal Civil
Engineer Sommers advised that there is no law requiring a sidewalk separate from a protected
bike lane, sidewalk width is driven by the Americans with Disabilities Act (ADA), but the City
can dictate sidewalk width through standard plans, the sidewalk in the presentation is eight -
feet wide, the resolution regarding significant link streets was adopted in 1988 and explained
significant link streets, and that reducing the width of traffic lanes on Cliff Drive so it does not
intrude on residents' landscape and hardscape is a consideration, the Municipal Code allows the
City to require property owners on significant link streets to make frontage improvements, not
every street needs a sidewalk, Council does not require a sidewalk on every street, staff invited
the Newport -Mesa Unified School District to the study session, Ensign Intermediate School will
have a new entrance at the corner of Cliff Drive and Irvine Avenue, sidewalks along significant
link streets are discontinuous, the purpose of the significant link streets policy was likely to
gradually introduce sidewalks, Council can decide to complete sidewalks if there are enough
pieces, and the preference would be to have a wide sidewalk for use by both cyclists and
pedestrians.
Council Member Dixon suggested that staff create a map that shows existing and non -existing
sidewalks on significant link streets and their widths, and encouraged staff to be more proactive
in obtaining information from the School District.
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City of Newport Beach
Study Session and Regular Meeting
January 28, 2020
Mayor Pro Tem Avery believed that traffic calming by narrowing the lane would be a benefit of
Consideration 3.
Flo Martin provided her background, urged Council to look to the future and develop active
transportation options, believed sharrows are not safe compared to having bike lanes and
sidewalks, and indicated Costa Mesa developed an Active Transportation Plan and is starting
to develop a Pedestrian Master Plan.
Jim Carlson stated he submitted correspondence, shared his reasons why a 10 -foot sidewalk is
not feasible on Cliff Drive, expressed concern for the traffic speed on Cliff Drive, and suggested
that Council conduct an engineering analysis and cost estimate.
Curt Herberts expressed concern regarding Clay Street, noted 120 people previously signed a
petition that they did not want what was being planned on Clay Street, thanked Mayor Pro Tem
Avery for holding a community meeting on the issue, indicated the community was assured this
would not come back again, believed more information is needed about the specifics of significant
link streets, and asked who designated Clay Streets and the other streets as significant link
streets and why the residents have not been told.
Kate Malouf stated that her children have biked to schools and extracurricular activities without
incident; thanked Council and the City for their immediate response to the fatal tragedy a few
years ago, installing sharrows and signage on Clay Street, and adding crossing guards for the
three schools; noted the Police Department and school administrations hold annual bike safety
assemblies; believed the number of reported bike accidents have been few; expressed that many
Newport Heights residents are frustrated that the traffic issue keeps coming up; and suggested
that Council focus on other issues and explore options such as directional time restrictions on
Clay Street and Beacon Street, between Irvine Avenue and Fullerton Avenue, before spending
any money.
Jim Kaciuba indicated the entrance to Ensign Intermediate School is located on Cliff Drive, not
Beacon Street, believed placing a sidewalk on Beacon Street does not make sense and the biggest
problem is the sidewalk on Cliff Drive, and that fixing the sidewalk might work regardless of
where the school entrance is located.
Matt Montgomery agreed with Kate Malouf's comments and believed the suggestions would
destroy the uniqueness of the area, decrease property values, and the solution should be found
within the school's property.
Peter Boyd shared the National Geographic Society's definition of "urban," discussed the
benefits of sidewalks, agreed this is a contentious issue, appreciated the notice and the
opportunity to address Council, and stated Council should consider doing what it can to make
the neighborhood safe for everyone.
Waverly Lassila provided a handout, opposed the construction of sidewalks and bike lanes on
Clay Street because they would take away from the uniqueness of the neighborhood, also
opposed Clay Street being designated a significant links street because it would burden the
property owners with expense and even more traffic, asked if there has been a recent count of
pedestrian or school children on Beacon Street, Clay Street or 15th Street, suggested time-limited
parking on Clay Street, and requested that the City be more proactive with the schools to limit
class sizes.
Carol Anne Dru stated that car dealers are using Cliff Drive and Kings Road for demo rides,
indicated that the president of the homeowners association will be speaking with the dealers
and possibly to the manufacturers, believed narrowing Cliff Drive has not done any good,
indicated she has not seen any crossing guards at Ensign Intermediate School, believed another
crosswalk and more crossing guards are needed, and took issue with how people drive on the
roads and indicated this is a serious problem that needs to be addressed.
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City of Newport Beach
Study Session and Regular Meeting
January 28, 2020
Steve Moore expressed concern that the proposed changes would change the unique culture and
feel of Newport Heights, believed designating significant link streets may create additional
traffic over time and may be considered a tax on the citizens living on the significant links
streets.
Scott Berman expressed support for many of the suggestions, believed sharrows do not work
well, but bike lanes and/or sidewalks are a better solution, and indicated residents on Kings
Place between Cliff Drive and 15th Street and 15th Street to Newport Harbor High School should
be included in any decisions.
Kevin Healy concurred with Kate Malouf's comments, believed the neighborhood is beautiful as
it is and should not be urbanized, suggested more education for Costa Mesa students who attend
Newport Beach schools, discussed using volunteers to direct students to the correct streets,
requested more enforcement, and believed the area needs better lighting or underground
utilities.
Carrie Slayback suggested that a sign be installed that flashes vehicle speed and that there be
occasional police presence.
Jeff Reuter indicated he lives across from Newport Harbor High School, believed traffic changed
with electric bikes and more cyclists and pedestrians, indicated sidewalks work, but the whole
area may not need them, commended the crossing guards, noted the high school does not have
a designated drop-off area, and believed enforcing the rules of the road would relieve the
pressure.
Chris Budnik believed the City has already taken a number of steps that improved safety in the
area and did not affect properties in a negative way, there is no reason to add more sidewalks
on Clay Street because 15th Street has sidewalks, there should be a way not to install a 10 -foot
wide sidewalk on Cliff Drive, recommended continuation of the sharrows on Clay Street, east of
Irvine Avenue, indicated this discussion needs to come to a close, and expressed opposition to
changing residential streets to significant link streets.
Scott Barnard expressed opposition to having significant link streets on Tustin Avenue,
commended the installation of sharrows, believed vehicles should not be in the same place as
bikes and installing sidewalks would be more impactful to private properties.
Nancy Scarbrough noted how many Special City Trees are on Tustin Avenue, Clay Street,
Beacon Street and Cliff Drive and noted they have to be removed to install sidewalks.
An unidentified speaker believed that sharrows work and sidewalks are not needed.
Jim Robinson stated he attended all the meetings about this issue and has seen all the studies,
but he has not seen any evidence of the problem that the Council is addressing; and believed the
improvements already done have made a difference and Council should see how the
improvements play out.
Charles Klobe, Newport Heights Improvement Association President, provided his background,
discussed the Newport Heights area, believed the neighborhood is not asking for any changes,
took issue with designating significant links streets, noted that no study has determined that
sidewalks are needed, and requested that audience members who agree with his comments to
stand.
Peggy Palmer suggested that the City paint "25 mph" on the streets in bright green, indicated
she liked the idea of improving safety around the 215 Riverside Avenue project, suggested
deploying Police Department volunteers around the schools when schools start and end, and
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City of Newport Beach
Study Session and Regular Meeting
January 28, 2020
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 On -Call Professional Project Management Services Agreements with DMS Consultants
Civil Engineers, Inc., and with Derek J. McGregor, Inc. DBA DMc Engineering; with each
agreement being for a term of three -years and a total not -to -exceed amount of $300,000, and
authorize the Mayor and City Clerk to execute the agreements.
12. Approval of Landscape Maintenance Agreement with the California Department of
Transportation for West Coast Highway Improvements (C-8622-1) [38/100-2020]
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; and
b) Approve the Landscape Maintenance Agreement within State Highway Right of Way on
Route 1, and authorize the Mayor and City Clerk to execute the Agreement.
13. Approval of Agreement with Newport Bay Naturalists and Friends, d.b.a. Newport Bay
Conservancy, for the Fostering interest in Nature (FiiN) Program (C-8623-1) [38/100-2020]
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) Award a five (5) year agreement for the Fostering interest in Nature Program to Newport Bay
Naturalists and Friends, d.b.a. Newport Bay Conservancy, for a total not -to -exceed amount of
$520,403 ($100,000 each year with a 2% cost increase adjustment after year one), and authorize
the Mayor and City Clerk to execute the contract agreement.
MISCELLANEOUS
14. Planning Commission Agenda for the January 23, 2020 Meeting [100-2020]
Receive and file.
15. Grants and Donations Report for the Quarter Ending December 31, 2019 [100-2020]
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) Receive and file.
Motion by Mavor Pro Tem Averv, seconded by Council Member Muldoon, to approve the
Consent Calendar; and noting the "no" votes by Council Members Duffield and Muldoon on Item 8, and
the amendments to Items 1 and 3.
The motion carried unanimously.
XVIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
X44IV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Dennis Bress noted that the Aviation Committee is making progress, requested that Aviation
Committee meetings be videotaped, requested that the Board of Supervisors conduct a feasibility study
of connecting transportation among John Wayne Airport (JWA), the Anaheim Regional Transportation
Intermodal Center (ARTIC), and Ontario, stated that Santa Ana wants to expand the Orange County
Streetcar Project, and believed that high-density housing may be possible around JWA with these
transportation connections.
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City of Newport Beach
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January 28, 2020
XVI.
17. Ordinance No. 2020-5: Proposed Changes to the Newport Beach Municipal Code, Title 17 -
Harbor Code [100-2019]
Council Member Duffield thanked Public Works Director Webb and Public Works
Administrative Manager Miller for their work on the dredging project, and recused
himself from Item 17 due to business interest conflicts.
Mayor O'Neill thanked Harbor Commissioner Kenney for his -the subcommittee's efforts in
amending Title 17 and att�a4sthe time spent in the public meetings.
Harbor Commissioner Kenney stated that he, Harbor Commissioners Blank and Yahn were on the
ad hoc committee that reviewed Title 17 of the Municipal Code and recommended modifications and
updates to the Harbor Commission after taking into account current users and usage of the harbor
and the responsibilities of the Harbor Department; reported that the Harbor Commission
recommended that Council approve the modifications and updates; noted the review process and
number of public meetings that were held; indicated that the proposed modifications are exclusive of
Section 17.10, Marine Activities Permit (MAP); and thanked Assistant City Manager Jacobs, City
Harbormaster Borsting, and Assistant City Attorney Summerhill for their dedication to the collective
goal of getting Title 17 right.
City Harbormaster Borsting utilized a presentation to review public participation and input, key
topics, and recommendations regarding general provisions, berthing, mooring, storage, harbor
development, live-aboards, number of overnight stays, harbor permits and leases, mooring extension
requests, water quality, and appeals or calls for review.
Council Member Muldoon thanked the Harbor Commissioners for their hard work. In response to his
questions, City Harbormaster Borsting explained how City staff conducts vessel sanitation system
inspections and reviewed the requirements to rent City moorings.
Mayor Pro Tem Avery noted this is a huge moment for the harbor. In response to his questions, City
Harbormaster Borsting and Commissioners Kenney, Blank and Yahn discussed how Title 17 has
been interpreted over the years, discussed live-aboards, explained why 7% is being proposed for live-
aboards in commercial marinas.
Council Member Brenner thanked the Commissioners for the extensive public outreach, indicated
that she will be supporting the recommendations as proposed, unless there is a compelling reason to
make an adjustment, and believed this is an example of why she is advocating for a traffic commission
that has expertise and is not political.
Council Member Dixon expressed her gratitude and appreciation for the hard work of the Harbor
Commission, indicated she did not want to close the City's ability to look at live-aboards as a form of
housing, and suggested that Council recommend that the Harbor Commission look at the commercial
marina access aspect when discussing the MAP. Mayor O'Neill indicated that Council may need to
send a letter to the California Department of Housing and Community Development (HCD).
Council Member Herdman thanked the Harbor Commission ad hoc committee and indicated he will
be supporting the recommendations.
Mayor Pro Tem Avery concurred with Council Member Dixon's suggestion for the Harbor Commission
to look at commercial marina access, believed Council should allow people the opportunity to live on
their boats and let the marina determine its number, with a cap imposed by the City, and indicated
that the Harbor Commission could survey facilities needed for live-aboards and propose a cap.
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City of Newport Beach
Study Session and Regular Meeting
January 28, 2020
Harbor Commissioner Kenney noted that City Harbormaster Borsting conducted a simple survey of
most of the marinas and indicated that the Harbor Commission could look at the percentage when it
finalizes its work on MAPs.
Following a discussion relative to live-aboards, the number of live-aboards currently in the harbor,
and how not limiting the number may impact City services, City Attorney Harp recommended the
motion exclude the second sentence of Section 17.40.110 and all references to live -aboard permits in
commercial marinas.
Mayor Pro Tem Avery wanted to make sure that live-aboards are secure where they are right now.
In response to Council Member Herdman's inquiry, Harbor Commissioner Kenney indicated neither
the Regional Housing Needs Assessment (RHNA) nor affordable housing entered into the
consideration.
Jim Mosher acknowledged that the process was well-intentioned and thorough, stated that people
tended to focus on the details rather than the big picture, believed Title 17 is not user-friendly,
discussed how Title 17 has changed over the years, and noted he submitted written comments.
Jim Harper, representing Port Calypso Marina, expressed support for discussing the live -aboard
matter when commercial marinas are brought back to the Harbor Commission, but believed live-
aboards are not a major issue.
Motion by Council Member Dixon, seconded by Gouneil Member-Mavor Pro Tem Avery, to
a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in
a physical change to the environment, directly or indirectly; and b) waive reading, read by title only,
exclude the second sentence of Section 17.40.110 and all references to live -aboard permits in
commercial marinas, and introduce amended Ordinance No. 2020-5, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 17 (Harbor Code) and Other Related
Provisions of the Newport Beach Municipal Code Making Comprehensive Revisions Including, but not
limited to, Updating Definitions, Regulating Marine Sanitation Devices to Protect Against Discharge
of Waste in Newport Harbor, Amending Requirements for Mooring Sub -Permits, Adding a Procedure
to Allow Mooring Length Extensions and Modifying and/or Adding Procedures for Issuance of
Permits, Appeals/Calls forReview and Revocations, and pass to second reading on February 11, 2020.
With Council Member Duffield recusing himself, the motion carried 6-0.
18. Approval and Award of On -Call Maintenance and Repair Services Agreement with
RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance
& Refurbishment Services (C-8624-1) [38/100-2019]
Council Member Herdman recused himself due to real property interest conflicts
Deputy Public Works Director Martin utilized a presentation to discuss the history and inventory
of Balboa Island benches, bid results for maintaining the benches; typical costs for benches and
trash receptacles, and recommendations.
In response to Council Member Dixon's questions, Deputy Public Works Director Martin advised
that Exhibit B of the staff report reflects the cost of refinishing, repairing, and maintaining the
wooden benches, and reported that refinishing the benches one more time would cost about
$148,000.
Mayor Pro Tem Avery believed the City needs to move toward having benches that do not need to
be refinished and are appealing, questioned the need for so many benches, and indicated he would
not support spending more money on refinishing the existing benches.
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City of Newport Beach
Study Session and Regular Meeting
January 28, 2020
Council Member Muldoon believed the artificial wood benches look great and the current benches
could eventually be replaced with a durable model.
Council Member Duffield agreed with Mayor Pro Tem Avery's comments.
Mayor O'Neill questioned whether 109 benches are needed on Balboa Island. Public Works Director
Webb suggested the City not replace all the benches. Mayor O'Neill asked that staff make sure
families receive their plaques if they want them, stated he wants input from the Balboa Island
Improvement Association (BIIA), and believed maintaining the current benches is unfeasible.
Council Member Brenner pointed out that trash can replacement is also included in the cost and
indicated she has been requesting that the plastic tubs be replaced in Corona del Mar because they
are not appealing.
Council Member Dixon stated that she prefers the artificial wood benches and trash cans, suggested
that the Parks, Beaches and Recreation Commission decide on the replacement benches, hoping
that the new benches replicate as closely as possible to the current bench. Deputy Public Works
Director Martin added that the Infinity Bench's life expectancy is ten years.
Mayor Pro Tem Avery noted refinishing wood takes a lot of hours of labor and believed the Infinity
Bench or something similar is a good choice.
Dennis Bress agreed with receiving community input from Balboa Island and indicated the Urban
Workshop in Costa Mesa may work with the City to fix the benches in the short term.
Max Johnson asked if the same considerations could be made in District 1, agreeing that the plastic
trash cans are not aesthetically pleasing; indicated that the City may want to repair a section of
destroyed concrete at Wedge Park; and indicated he is in favor of using artificial material.
Council Member Dixon agreed with replacing the blue trash cans on the Peninsula.
Motion by Council Member Muldoon, seconded by Council Member Dixon, to a) refer the
issue to the Parks, Beaches and Recreation Commission; and b) direct the Parks, Beaches and
Recreation Commission to determine what to do with the current benches and develop a replacement
program.
With Council Member Herdman recusing himself, the motion carried 6-0.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - Adjourned at 9:15 p.m. in memory of Stan Troutman and the passengers
of the January 26, 2020 helicopter accident
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
January 23, 2020, at 4:00 p.m.
Will O'Neill
Mayor
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