HomeMy WebLinkAbout12/08/2020 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 8, 2020
I. CONVENED AT 4:00 P.M.
II. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Kevin Muldoon
Absent: Council Member Jeff Herdman
III. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal
Church
IV. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Avery
V. PRESENTATION
• Proclamation to Celeste Jardine -Haug for her service to the community
Mayor O'Neill read the proclamation while a slideshow was displayed. Senior Services Manager
Jardine -Haug expressed gratitude for the opportunity to work for a wonderful city.
Council Member Dixon indicated that Senior Services Manager Jardine -Haug has been an amazing
leader and her leadership has been a testament to the City's service to seniors.
Mayor Pro Tem Avery stated the activities at the OASIS Senior Center have been incredible and
hundreds of seniors have been positively impacted by the volunteers and staff, all of which derived
from Senior Services Manager Jardine-Haug's leadership and kindness.
Council Member Brenner thanked Senior Services Manager Jardine -Haug for making the OASIS
Senior Center a source of pride and for building a wonderful facility.
Council Member Muldoon noted Senior Services Manager Jardine -Haug has been a pleasure to work
with and has represented the City to the highest standard.
VI. NOTICE TO THE PUBLIC
VII. PUBLIC COMMENTS
Jim Mosher was surprised to see that a COVID-19 update was not included on the agenda, as it seems
the region will face the most intense phase of the crisis before the next Council meeting.
VIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Attended a meeting of the Aviation Committee on December 7, 2020, and the opening of the Electric
Bike Company with Mayor O'Neill
Council Member Brenner:
• Utilized slides to note the Corona del Mar Business Improvement District (BID) and Chamber of
Commerce's storefront holiday lighting and decoration contest and the Corona del Mar Residents
Association's residential lights contest
• Reported Hoag Hospital has patient capacity, the number of reported COVID-19 cases is the highest
since August, and Hoag is considering stopping elective surgeries
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Mayor Pro Tem Avery:
• Attended an Orange County Sanitation District (OCSD) operations committee meeting
Mayor O'Neill:
• Utilized a slide to announce that Operation Christmas is collecting items at City Hall and various
other City facilities through December 23, 2020
IX. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of converting the Water Quality/Coastal Tidelands Committee to the
Environmental Quality Affairs Committee (EQAC) [Herdman]
Council Member Brenner concurred to bring the item back at a future meeting.
• Consideration of staff assisting with this year's Newport Beach Boat Parade [Muldoon]
Mayor O'Neill, Mayor Pro Tem Avery, and Council Members Dixon, Duffield and Muldoon concurred
to bring the item back at a future meeting.
X. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XI. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 24, 2020 City Council Regular Meeting [100-2020]
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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2020-28: Residential Design Standards Amendment to Title 20 of the
Newport Beach Municipal Code (PA2019-070) [100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and
15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2020-97, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-004 to
Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to
Residential Design Standards (PA2019-070).
CONTRACTS AND AGREEMENTS
4. Award of Employee Health Screening Professional Services Agreements [381100-2020]
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;
b) Approval of a Professional Services Agreement with Hoag Clinic DBA Hoag Executive Health
for a not -to -exceed amount of $85,000 (C-8654-1);
c) Approval of a Professional Services Agreement with Marque Medical Clinic, Inc. for a not -to -
exceed amount of $160,000 (C-8654-2);
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d) Approval of a Professional Services Agreement with Newport Center Medical Group for a not -
to -exceed amount of $400,000 (C-8654-3); and
e) Approval of a Professional Services Agreement with Sand Canyon Medical Group for a not -to -
exceed amount of $60,000 (C-8654-4).
5. On -Call Professional Services Agreement for Veterinary Care Services (C-8655-1) [38/100-
2020]
a) Determine the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve an On -Call Professional Services Agreement for veterinary care services with Everest's
Piaffe, Inc. (DBA Mariner's Mile Pet Clinic) of Newport Beach, California, at a not -to -exceed cost
of $425,000, and authorize the Mayor and City Clerk to execute the agreement.
6. Three -Year Software License Agreement for Microsoft Products (C-8656-1) [38/100-2020]
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a Software License Agreement with SoftwareONE of Waukesha, Wisconsin for a three-
year term for Microsoft software products in the total amount of $197,538.45, and authorize the
Mayor and City Clerk to execute the Agreement.
MISCELLANEOUS
7. Planning Commission Agenda for the December 3, 2020 Meeting [100-2020]
Receive and file.
8. Request for Continuance for 944 Via Lido Nord Dock Reconfiguration Proposal - Call For
Review of Harbor Commission's Decision to Approve [100-2020]
Continue the item to the January 12, 2021 City Council meeting.
Motion by Mayor Pro Tem Avery, seconded by Mayor O'Neill, to approve the Consent Calendar;
and noting the amendments to Item 1.
With Council Member Herdman absent, the motion carried 6-0.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 4:30 P.M.
PRESENTATIONS
• Presentation by District Director Tim Whitacre, on behalf of Orange County Supervisor
Michelle Steel, to Mayor Will O'Neill
District Director Whitacre presented a Certificate of Recognition to Mayor Will O'Neill, who thanked
Mr. Whitacre and looked forward to working with Congresswoman -elect Michelle Steel on federal
issues.
District Director Whitacre indicated he has a Certificate of Recognition for Council Member
Herdman, and congratulated the new Mayor and Mayor Pro Tem, and Council Member -elect Blom.
• Presentation of Gavel Plaque to Outgoing Mayor Will O'Neill and Remarks by Mayor
O'Neill
Mayor Pro Tem Avery presented Mayor O'Neill with a gavel plaque in recognition of his service as
Mayor during 2020.
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Mayor O'Neill reflected on the accomplishments of 2020, the Year of the Volunteer, including
replacement of the Lido Fire Station and waterlines, responses to mutual aid fire calls, repaving
roads, focus on unfunded pension liabilities and the Regional Housing Needs Assessment (RHNA)
allocation, improved response to homelessness, recognition of volunteers, and response to COVID-
19. He presented gifts to each Council Member and encouraged everyone to patronize local
businesses and restaurants.
Council Member Brenner thanked Mayor O'Neill for his leadership and for doing an incredible job,
and added that the Year of the Volunteer has been very meaningful.
Council Member Dixon thanked Mayor O'Neill for an outstanding year of leadership, performing an
unprecedented number of acts of substance on behalf of the City, working closely with the Board of
Supervisors, and believed the City has benefited from his wise counsel and steady hand.
Council Member Duffield appreciated Mayor O'Neill's extraordinary efforts during the year.
Council Member Muldoon stated Mayor O'Neill has shown amazing level-headedness and
temperament.
Mayor Pro Tem Avery believed handling the COVID-19 pandemic brought Mayor O'Neill's skills to
the forefront for the benefit of the City and its residents, and stated that his dedication, intellect,
and ability to communicate gave the community hope.
CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS
9. Resolution No. 2020-104: Certification of General Municipal Election Results [39/10-2020]
City Clerk Brown provided a brief staff report and announced that the City's voter turnout was over
91%.
Jim Mosher discussed Council districts and the expectation that Council Members will represent all
of Newport Beach and added that, if a Council Member prefers to represent only the district in which
he/she lives, the Council Member should request a Charter amendment so that he/she is elected only
by the voters of his/her district.
Ruth Sanchez -Kobayashi noted Mayor O'Neill has led the City through the darkness of the COVID-
19 pandemic and requested that Council Members re-elect him as Mayor.
Motion by Council Member Dixon, seconded by Council Member Muldoon, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) adopt Resolution No. 2020-104, A
Resolution of the City Council of the City of Newport Beach, California, Reciting the Fact of the
General Municipal Election Held on Tuesday, November 3, 2020, and Declaring the Result and Such
Other Matters as Provided by Law.
With Council Member Herdman absent, the motion carried 6-0.
REORGANIZATION
Jim Mosher noted the Mayor and Mayor Pro Tem positions are largely ceremonial and, if Council wants
all Council Members to serve as Mayor and Mayor Pro Tem, they need to rotate the positions each year
with no repetition.
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10. Administration of Oath of Office [39/100-20201
City Clerk Brown called newly elected Council Member Noah Blom forward. The Honorable Steven
D. Bromberg, Judge of the Superior Court of the State of California, administered the Oath of Office
prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to
Council Member Blom.
City Clerk Brown called re-elected Council Member Brad Avery forward. Former Mayor Evelyn Hart
administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown
presented a Certificate of Election to Council Member Avery.
City Clerk Brown called re-elected Council Member Will O'Neill forward. The Honorable Lawrence
J. O'Neill, United States District Judge of the State of California, administered the Oath of Office
prescribed in the State Constitution, and City Clerk Brown presented a Certificate of Election to
Council Member O'Neill.
11. Election of Mayor
City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Council Member Dixon nominated Council Member Avery for the position of Mayor.
Council Member Blom nominated Council Member O'Neill for the position of Mayor.
Motion by Council Member Muldoon, seconded by Council Member Dixon, to close
nominations.
The motion carried unanimously.
Council Member Blom indicated that citizens have asked him to support Council Member O'Neill as
Mayor because of his leadership during the COVID-19 pandemic and believed this is the right choice
for the City.
Council Member O'Neill expressed confidence in Council Member Avery's abilities and knowledge.
Council Member Muldoon believed Council Member Avery has the demeanor and sound judgment
to fulfill the duties of Mayor.
Council Member Dixon noted the tradition of rotating the roles of Mayor and Mayor Pro Tem among
Council Members and indicated she believes in Council Member Avery's leadership skills.
Council Member Brenner related that the comments of her colleagues have convinced her that the
City can make a transition easily and confidently, and believed that Council Member Avery can lead
the City in his competent, quiet, and steady leadership style.
There being no further discussion, City Clerk Brown announced the following votes for the Mayor
seat:
• Council Member Avery — Council Members Avery, Brenner, Dixon, Duffield, Muldoon and
O'Neill
• Council Member O'Neill — Council Member Blom
Council Member Avery was selected as the Mayor of the City of Newport Beach for 2020-2021 and
took his place at the Council dais.
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12. Election of Mayor Pro Tem
Mayor Avery, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Council Member Dixon nominated Council Member Muldoon for the position of Mayor Pro Tem.
Council Member Brenner nominated herself for the position of Mayor Pro Tem.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to close
nominations.
The motion carried unanimously.
Council Member Brenner believed she would do the best job of supporting the Mayor, stated she is
committed to dedicating herself to helping the community recover from the effects of COVID-19, and
noted that no one from her district has served as Mayor Pro Tem or Mayor in quite a while.
Council Member Muldoon indicated he would appreciate Council's support.
Council Member Dixon indicated that Council Member Brenner has great courage and strength,
and represents her district and the City quite well, but stated that Council Member Muldoon has
ably served his constituents and the City. She added that Council Member Brenner has eminent
qualifications to serve as Mayor Pro Tem in future years.
Mayor Avery noted that Council Member Muldoon is intelligent, articulate, and committed to the
City, and stated that Council Member Brenner has great depth of knowledge about the community,
which will serve her well in the future.
There being no further discussion, City Clerk Brown announced the following votes for the Mayor
Pro Tem seat:
Council Member Muldoon — Mayor Avery, Council Members Blom, Dixon, Duffield, Muldoon,
and O'Neill
Council Member Brenner — Council Member Brenner
Council Member Muldoon was selected as the Mayor Pro Tem of the City of Newport Beach for 2020-
2021 and took his place at the Council dais.
13. Seating Arrangements for City Council
The Council Members decided on the seating arrangement for the Council dais pursuant to City
Council Policy A-1. The following seating order was determined (left to right):
Noah Blom — Duffy Duffield — Kevin Muldoon — Brad Avery — Diane Dixon — Will O'Neill —
Joy Brenner
14. Remarks
Elected Council Members'Remarks:
Council Member Blom was honored to represent the City and stated that he is committed to doing
what is right.
Council Member O'Neill thanked his supporters and family and discussed resilience, kindness, and
generosity.
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New Mayor Remarks:
Mayor Avery related former Mayor O'Neill's work during the COVID-19 pandemic and emphasized
that he is committed to maintaining and enhancing the safety and quality of life of Newport Beach.
XIV. CONSENT CALENDAR
RESOLUTION FOR ADOPTION
15. Setting City Council Regular Meeting Dates for Calendar Year 2021 [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) Adopt Resolution No. 2020-105, AResolution of the City Council of the City of Newport Beach,
California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2021.
MISCELLANEOUS
16. Designation of City's Representatives Under California Government Code Section
54957.6(A):
Designate Council Member Diane Dixon and Council Member Will O'Neill as the City's designated
representative for purposes of labor negotiations with all unrepresented employees within the Key
and Management Group including, but not limited to, the City Manager, City Attorney and City
Clerk, pursuant to California Government Code Section 54957.6(a).
Motion by Council Member O'Neill, seconded by Council Member Dixon, to approve the
Consent Calendar; and noting the amendment to Item 16.
The motion carried unanimously.
XV. MOTION FOR RECONSIDERATION - None
XVI. ADJOURNMENT - 5:54 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
December 3, 2020, at 4:00 p.m.
Leilani I. Brown
City Clerk
B ve y
ayor
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