HomeMy WebLinkAbout05/24/2022 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
May 24, 2022
I. ROLL CALL — 5:02 p.m.
Present: Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
Absent: Mayor Kevin Muldoon (excused)
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Review of the Proposed Fiscal Year 2022-23 Capital Improvement Program Budget
City Attorney Harp recused himself from the Newport Coast Pickleball Courts project
due to real property interest conflicts.
Council Member Brenner recused herself from the Storm Drain System Repair/
Rehabilitation project due to real property interest conflicts.
Mayor Pro Tem Blom recused himself from the Assessment Districts 22 and 111 projects,
the Balboa Island Drainage Master Plan✓Pump Station project, and the Balboa
Island/Corona del Mar Microtransit Feasibility Study project due to real property
interest conflicts.
Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation
to review the purpose of the Capital Improvement Program (CIP), 2021-2022 CIP projects,
completed Fiscal Year (FY) 2021-22 projects, the proposed 2022-2023 CIP budget, City Council
priorities, projects by CIP budget section, and the CIP budget summary and funding sources.
In response to Council Member Dixon's question, Deputy Public Works Director Houlihan
confirmed that the $31.5 million in public and private contributions represents approximately
half of the total cost.
In response to Council Member O'Neill's questions, Deputy Public Works Director Houlihan
confirmed that the the City Yard Fueling Support Facilities would cost about $7 million and
City Manager Leung confirmed the inclusion of the Civic Center and fire station in the transfer
of funds from the General Fund (GF) to the Facilities Financing Plan. Public Works Director
Webb clarified that, pending no additional expenses, the contingency funds would be returned.
In response to Council Member Avery's question, Deputy Public Works Director Houlihan
relayed the estimated timeline for the 151h Street Restroom Project. Public Works Director Webb
anticipated the permitting process to take longer than anticipated due to its beach location.
Council Member Dixon expressed support for the projects and related budgeting, and requested
an overlay map which calendars construction to minimize impacts on residents and businesses.
In response to Council Member O'Neill's question, Public Works Director Webb confirmed that
the master plan includes funding for park refurbishments.
In response to Council Member Avery's request, Public Works Director Webb provided an update
on the harbor dredging project and permitting phase, noted the City received $15 million in
Federal funding, reported that construction will begin in fall or early winter and last six to eight
months, and assured that the project will involve working with the residents to minimize impact.
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In response to Council Member Dixon's question, Public Works Director Webb indicated that
the City does not have the resources to handle the Peninsula Encroachment Removal program
independently.
Council Member Avery thanked the Public Works Department for their extraordinary efforts to
protect property values and its upkeep of public infrastructure. Public Works Director Webb
complimented the leadership of the City Council and fiscal nature of the City.
Mayor Pro Tem Blom thanked staff and the Public Works Department for their efficiency and
noted the cleanliness of the oil well tanks in the City.
In response to Nancy Scarbrough's question, Deputy Public Works Director Houlihan clarified
the water wheel project would begin before the year end. She expressed concerns relative to
whether the City's implementation schedule is on track with that of the California Coastal
Commission (CCC) for the oceanfront encroachments.
Charles Klobe questioned whether the oil well refurbishments include remediation in lieu of the
new Banning Ranch owner, indicated that the City of Costa Mesa requires property owners to
slurry after new construction, expressed concern over the inability to cross at the street level on
West Coast Highway due to the pedestrian bridge project and encouraged public outreach, and
requested clarification relative to the Old Newport Boulevard and Pacific Coast Highway
improvements.
Jim Mosher expressed support for having more projects designed in-house, questioned the
pursuit of the early earthquake alarm system, and relayed that there is a small window of time
in which the water wheel construction project could occur.
Deputy Public Works Director Houlihan clarified that the water wheel project would begin in
December 2022 and work to the creek in fall 2023 or late spring. Public Works Director Webb
discussed the Old Newport and Pacific Coast Highway improvements and related challenges
with Caltrans, noted the slurry sealing requirement in Newport Beach, clarified that the oil well
refurbishment is not part of Banning Ranch, relayed that the oceanfront encroachment project
start date matches CCC's timeline, and discussed public outreach on the street level crosswalk
removal on West Coast Highway. City Manager Leung indicated that the earthquake alarm
system will be considered at a later date.
In response to Council Member Dixon's question, Public Works Director Webb indicated that
the price per barrel of oil is factored into the revenue stream.
Mayor Pro Tem Blom relayed that the gas byproduct from the oil wells is used to power some of
the systems at Hoag Hospital.
III. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS - None
IV. RECESSED - 5:45 p.m.
V. RECONVENED AT 6:06 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
Absent: Mayor Kevin Muldoon (excused)
VII. INVOCATION - Pastor Jorge Molina, Mariners Church, Irvine
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VIII. PLEDGE OF ALLEGIANCE - Council Member Avery
IX. NOTICE TO THE PUBLIC
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the Laguna Woods City Council meeting as Transportation Corridor Agency (TCA)
Chairman and expressed his sympathy for their grief following the local church shooting
Council Member Duffield:
• Attended the Fire Department badge pinning ceremony
Council Member Dixon:
• Utilized slides to review the Touch a Truck Public Works event, announce the "Make a Splash, Pick
Up Trash" campaign (nbclean@newportbeachca.gov and newportbeachca.gov/clean), and announce the
Balboa Peninsula Trolley schedule
• Attended the Aviation Committee meeting, lift for handicapped boaters launch at Marina Park with
Mayor Muldoon and Council Member Brenner, the Mayor's Dinner, Castaways Exchange Club
Armed Forces Day Flag Ceremony, and the Police Department badge pinning ceremony
Council Member Brenner:
• Announced that she graduated from the Citizens Police Academy
• Discussed the fire in Laguna Niguel
• Attended the Christmas Boat Parade awards event hosted by the Chamber of Commerce, the
Mayor's Dinner, and the Police Department and Fire Department badge pinning ceremonies
• Utilized a slide to announce the Summer Concerts on the Green schedule
Council Member Avery:
• Attended the Finance Committee meeting, Orange County Sanitation District (OCSD)
administration meeting, Homeless Ad Hoc meeting, Christmas Boat Parade awards, Touch A Truck
event, Mayor's Dinner, and the Fire Department badge pinning ceremony
Mayor Pro Tem Blom:
• Attended the Mayor's Dinner and the Aviation Committee meeting, and thanked Assistant City
Manager Finnigan for helping to run the meetings
• Announced that the Newport Aquatic Center boys and girls teams' will be going to Florida to
compete in the National Championships
XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider the adoption of a resolution supporting Senate Bill No. 904, which will amend
California law to clarify current statutes and ensure the criminal justice system is
helping educate and treat those offenders who are suffering from addiction to controlled
substances [Council Member O'Neill]
Mayor Pro Tem Blom and Council Members Avery, Brenner, Dixon, Duffield, and O'Neill concurred
to bring the item back at a future meeting.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIII. CONSENT CALENDAR
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READING OF MINUTES AND ORDINANCES
1. Minutes for the May 10, 2022 City Council Meeting [100-20221
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.
CONTRACTS AND AGREEMENTS
3. Cliff Drive Clubhouse Rehabilitation - Notice of Completion for Contract No. 8695-1
(20F13) [381100-20221
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.
4. American Legion Bulkhead Wall Repair (Project No. 16H11) -Award of Contract No. 7659-
1 [381100-20221
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301, Class 1 (Existing Facilities - maintenance of existing public facilities involving
negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3 because it has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7659-1 to Applied Restoration, Inc. for the total bid price of $991,600, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $99,200 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
5. Amendment No. Two to Temporary Employment Agreement with Rosalinh Ung (C-8647-
1) [381100-2022]
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 and Community Development Director to execute an amendment to the
Post Retirement Temporary Employment Agreement with retired employee Rosalinh Ung.
6. Lease Agreement with Newport Ridge Community Association to Develop, Operate and
Maintain Pickleball Courts at Newport Ridge Park (C-882-1) [381100-20221
a) Determine this project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilitates) and
Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment. The exceptions to the Class 3
categorical exemption under Section 15300.2 are not applicable;
b) Authorize the City Manager and City Clerk to execute a 30-year Lease Agreement by and
between the Newport Ridge Community Association and the City of Newport Beach for the
Development, Operation, and Maintenance of Pickleball Courts Complex at Newport Ridge Park
(Lease), in a form substantially similar to the agreement prepared by the City Attorney; and
c) Review and approve the Conceptual Design and direct staff to proceed with final construction
documents.
City Attorney Harp recused himself from Item 6 dice to real property interest conflicts.
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7. Tentative Agreement with Newport Beach Fire Management Association (NBFMA)
(C-2946) [381100-2022]
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 consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Fire Management Association.
MISCELLANEOUS
S. Planning Commission Action Report for the May 12, 2022 Meeting [100-20221
Receive and file.
9. Set Public Hearing Date to Adopt Fiscal Year 2022-23 Budget [100-20221
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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2022-2023 for
June 14, 2022, and direct the City Clerk to publish a notice of said hearing in accordance with
Section 1102 of the Newport Beach Charter.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to approve the Consent
Calendar and noting the amendments to Item 1.
With Mayor Muldoon absent, the motion carried 6-0.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher expressed his opposition to adding a policy to the City Charter that stipulates an agenda
setting process.
Susan Skinner expressed the opinion that Measure B is not a simple proposal and may lead to
disadvantages related to a concentration of power.
Joe Garrett proposed a two-step application process for duplex and Accessory Dwelling Units (ADU)
construction, but allowing the construction to occur at one time.
XVI. PUBLIC HEARING
10.Ordinance No. 2022-13: Amendment to Municipal Code Chapter 14.16, Water
Conservation and Water Supply Shortage Program [100-20221
Utilities Director Vukojevic, Utilities Manager Catron, and Sanjay Gaur from Raftelis utilized a
presentation to discuss water conservation and shortage programs, new State requirements, the
Newport Beach Municipal Code, provide an overview of the updates, permanent restrictions,
updated procedures, the six water shortage levels, the enacting resolution and examples of a
resolution to declare a water shortage, recommendations, additional restrictions that will be brought
back to the City Council, and relayed the City's conservation measures, investments, and smart
planning that has earned the City self-sufficiency.
In response to Council Member Brenner's questions, Utilities Director Vukojevic discussed areas in
Newport Beach for groundwater investments and wastewater recycling.
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In response to Council Member Dixon's questions, Utilities Director Vukojevic indicated that the
State has plans for large reservoir construction, agencies will be graded on their own water supply
assessments, and the Metropolitan Water District is increasing water rates 5% to 8%, which is
reflected in the rate study.
Mayor Pro Tem Blom opened the public hearing.
Jim Mosher expressed concern over the removal of definitions from the ordinance, water
consumption expectations at fitness centers, and relief to fitness centers with water usage increases
resulting from water restrictions.
Chuck Fancher supported the ordinance and suggested utilizing a water budget as opposed to using
an annual consumption measure.
Hearing no further testimony, Mayor Pro Tem Blom closed the public hearing.
In response to Council Member Dixon's request, Utilities Director Vukojevic relayed that there is a
predetermined minimum stop gap inclusion and compliance relief written in the ordinance to
accommodate for water restriction fairness.
In response to Council Member Avery's questions, Utilities Director Vukojevic noted residential
water use is the primary water consumption user in the City, discussed a 15% water use for
irrigation, and confirmed having obtained landscaping measurements per house for a water budget.
Motion by Council Member O'Neill seconded by Council Member 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; and b) waive full reading, direct the City Clerk to
read by title only, introduce amended Ordinance No 2022-13, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Chapter 14.16 of the Newport Beach Municipal
Code Pertaining to Water Conservation and Supply Level Regulations, and pass to second reading
on June 14, 2022.
With Mayor Muldoon absent, the motion carried 6-0.
XVII. CURRENT BUSINESS
11. Resolution No. 2022-33: Seventh Amended and Restated Employment Agreement for
City Clerk (C-7032-5) [381100-2022]
City Clerk Brown recused herself due to personal financial effect conflicts.
Human Resources Director Salvini and Human Resources Manager Sur relayed that the terms and
conditions for the City Clerk's employment are outlined in the employment agreement and reported
that the agreement is for a term of four years, expiring May 24, 2026, there is a a 5% merit
adjustment upon the contract effective date, cost of living adjustments are tied to those received by
executive management employees beginning January 2023 and each January thereafter, there is a
City contribution of 2.5% of base salary to the City Clerk's 457 Plan for the first year and City paid
for 457 contributions equal to 1.5% of the base salary after the first year, and, if terminated without
cause, the City will provide a maximum of six months of base salary subject to certain conditions.
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Motion by Council Member O'Neill, seconded by Council Member 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) approve and authorize the Mayor to execute a
Seventh Amended and Restated Employment Agreement between the City of Newport Beach and
City Clerk Leilani I. Brown, subject to the terms and conditions approved by the City Council;
c) adopt Resolution No. 2022-33, A Resolution of the City Council of the City of Newport Beach,
California, Modifying the Salary Range for the City Clerk; and d) approve Budget Amendment No.
22-055 appropriating $1,776 from unappropriated General Fund balance to various salary and
benefit accounts to implement the terms of the Agreement for the remainder of FY 2021-22.
With Mayor Muldoon absent, the motion carried 6-0.
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 7:07 p.m. with a Moment of Silence for the victims and their
families of the Robb Elementary School shooting in Uvalde, Texas, and in memory of
Mary Lou Hergel
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
May 19, 2022, at 4:00 p.m.
Leilani I. Brown
City Clerk �§
Kevin
Mayor
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