HomeMy WebLinkAbout02/27/2024 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
February 27, 2024
I. ROLL CALL — 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom (arrived at 4:04 p.m.), Councilmember Robyn Grant,
Councilmember Lauren Kleiman, Councilmember Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Proclamation Recognizing Shirley Pepys
Mayor O'Neill stated that Mayor Pro Tem Stapleton and Councilmember Avery nominated
Shirley Pepys for the recognition and read the proclamation to recognize her as a helper of
education, philanthropy, community, and historic preservation.
Ms. Pepys expressed her appreciation for the recognition, indicated there are 300,000 visitors to
the Balboa Island Museum, and thanked the Argyros family for their generosity.
Councilmember Avery noted the importance of keeping an eye on the history of the City and
thanked Ms. Pepys for creating the Balboa Island Museum.
Dennis Bress thanked Council for making the City the best it can be and noted the legacy created
in the Balboa Island Museum.
SS3. Review of the City's Membership in the League of California Cities (Cal Cities)
Mayor O'Neill noted that the legislative positions of Cal Cities counter the City's positions,
specifically related to Proposition 1 and the Taxpayer Protection Act. He discussed Assembly
Constitutional Amendment 13 (ACA 13) and relayed that Cal Cities' number one goal is to defeat
the Taxpayer Protection Act and noted the money spent on these efforts.
Mayor O'Neill asked staff to convey the positives they receive from being a member of Cal Cities.
City Manager Leung stated that Cal Cities provides education and collaboration across 476
cities in California. She indicated that the Fire Chief has taken on leadership roles which is the
main vehicle to collaborate with other fire departments across the State, the City Clerk has
taken on leadership roles in Cal Cities' City Clerks Department, and noted conferences for
specific departments and collaboration efforts with the coastal cities group.
City Attorney Harp added that he served on the Cal Cities Advocacy Committee for two -years
where requests for amicus briefs were analyzed. He noted the importance of education and
thought Cal Cities does a good job of keeping up to date on the Brown Act, the Political Reform
Act, and the Public Records Act, and supports collaboration with other cities facing the same
issues.
Connor Medina, Regional Public Affairs Manager for the Orange County Division for the League
of California Cities highlighted the return on investment of membership in Cal Cities, the many
ways Newport Beach takes advantage of its membership, discussed the roles City Clerk Brown,
City Manager Leung, Councilmember Grant, and Fire Battalion Chief Brian McDonough have
taken with Cal Cities, recognized there will be differences on issues, and encouraged
Councilmembers who are not terming off to be on the Statewide boards or policy committees.
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Marshall Goodman, Mayor of La Palma and Orange County Division President, expressed an
interest in having more Councilmembers represent the City on the Division and State boards,
which was supported by Past President San Juan Capistrano Councilmember John Taylor.
Councilmember Grant thanked Mayor Goodman, Councilmember Taylor, and Mr. Medina for
listening to the City's concerns, acknowledged the good work that Cal Cities does, supported
Councilmembers getting more actively involved with Cal Cities, suggested continuing the
dialogue, and stressed the importance of pushing the legislative pieces of the agenda that bring
the City relief from Proposition 1, specifically related to unregulated sober living and other types
of group homes.
Councilmember Blom struggled with sitting at a table that is contrary to what the Newport
Beach citizens want, questioned if the City is getting the 4:1 dollar for dollar ratio of return, and
thought that it is not responsible to continue membership in Cal Cities.
Councilmember Avery noted the loss of local control, recognized Cal Cities' interest in helping
cities be at their best, and expressed an interest in working with Cal Cities to change policies.
Councilmember Kleiman echoed the sentiments of her colleagues, thought that Cal Cities is not
representing the values of Newport Beach, and expressed concern with the active advocacy in
opposition to the City's needs and Cal Cities' mission statement.
In response to Mayor O'Neill's question, City Manager Leung stated that the annual
membership renewal fee is due shortly. Mayor O'Neill stated that he likes the Orange County
Board and appreciated their attendance, noted that Proposition 1 is a big issue for the City, and
stated the City's disinterest in paying money to an organization that is advocating for it.
Additionally, he pointed out that there was unanimous opposition to ACA 13 by this Council in
late September, ACA 13 and ACA 1 are in response to the Taxpayer Protection Act, and there
was an amicus brief signing before he found out what Cal Cities was representing. Mayor O'Neill
expressed a desire for the matter to come back as an action item and asked for a show of hands
to bring it back on a future agenda to determine if the City should continue its membership with
Cal Cities.
The straw vote to bring back the matter on a future agenda was unanimous.
Councilmember Kleiman asked that an update on Cal Cities' Regional Housing Needs
Assessment (RHNA) reform efforts also be included with the report.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Ida Wolff requested a status about the Ben Carlson statue and suggested that a bird bath be erected in
its place. Additionally, she asked that the City approve allowing outdoor seating at the Irvine Ranch
Market on Balboa Island.
Regarding Closed Session IV.A, Jim Mosher questioned the reason for the item, how an employee
evaluation can be conducted without speaking with the employee, and who will be present to keep the
conversation targeted since the City Attorney will not be in attendance.
Dom Jones stated she is running for State Assembly, expressed her care for the community and coastal
area, stated that she stands for unity and reason, and believes in the goal of economic prosperity.
City Manager Leung and City Attorney Harp recued themselves from Closed Session, Item IV.A
due to potential impacts to their finances.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
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A. PUBLIC EMPLOYMENT
(Government Code § 54957(b)): 2 matters
Title: Grace Leung, City Manager
Title: Aaron Harp, City Attorney
V. RECESSED — 4:52 p.m.
VI. RECONVENED AT 5:15 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
VIII. CLOSED SESSION REPORT
Mayor O'Neill announced that no reportable actions were taken.
IX. INVOCATION — Dr. Ahmed Soboh, Religious Director, Islamic Shura Council of Southern
California
X. PLEDGE OF ALLEGIANCE — Councilmember Grant
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Grant:
• Attended the groundbreaking of the Lecture Hall
Mayor Pro Tem Stapleton:
• Thanked Public Works Director Webb, Police Lieutenant Wolik, and Parks and Recreation Director
Levin for participating in the District 1 Round Table
• Announced the Annual Mayor's Dinner on February 29, 2024, hosted by Speak Up Newport
Mayor O'Neill:
• Spoke at the Newport Harbor Exchange Club meeting
• Announced speaking at the upcoming Newport Beach Chamber of Commerce event
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider forming a City Council ad hoc committee to negotiate the terms of the
Visit Newport Beach contract for destination marketing services [Mayor O'Neill]
Councilmember Kleiman asked if the Mayor would be willing to amend the ad hoc committee's
responsibility to creation of a detailed scope of work for the City's tourism contract. In response to
Councilmember Weigand's request for clarification, Mayor O'Neill stated that he expected that the
scope of work would be part of the responsibility.
The City Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
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Jim Mosher stated that Mary Alice Campbell's appeal for reasonable accommodation was misdirected
to the Planning Commission who prevented her from having any chickens on a mistaken belief that it
was no longer allowed. He suggested Ms. Campbell's appeal go before the City Council without a fee or
allow her to withdraw the appeal and keep three chickens and refund her money for the previous appeal.
Mary Alice Campbell noted the medical necessity for her to have chickens, stated she has 10 supportive
letters from six doctors, and asked that her matter be called for review by a Councilmember without
paying another fee.
In response to Mayor O'Neill's question, City Manager Leung clarified that Ms. Campbell's appeal is
up on March 8 or 9, 2024.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 3, 2024 Planning Session and February 13, 2024 City Council
Meeting
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 INTRODUCTION
3. Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and Distribution of
Kratom) to the Newport Beach Municipal Code
a) Find 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 Ordinance No. 2024-5,
An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 10.75
(Prohibition of the Sale and Distribution of Kratom) to Title 10 (Offenses and Nuisances) of the
Newport Beach Municipal Code, and pass to second reading on March 12, 2024.
ORDINANCE FOR ADOPTION
4. Ordinance No. 2024-4: Termination of Development Agreement No. 2008-005 for
Sober Living by the Sea, Inc. dba Sierra by the Sea, Inc. Zoning and Public Benefit
Agreement (C-4145)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by
the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can be
seen with certainty that there is no possibility that this activity will have a significant effect on
the environment, and it is not subject to CEQA; and
b) Conduct second reading and adopt Ordinance No. 2024-4, An Ordinance of the City Council of
the City of Newport Beach, California, Approving the Termination of Development Agreement
No. 2008-005 (Zoning Implementation and Public Benefit Agreement Between the City of Newport
Beach and Sober Living by the Sea, Inc.) (PA2008-199).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2024-11: Approving a Side Letter Agreement with the Newport Beach
Police Association (C-2056)
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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. 2024-11, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Side Letter Agreement with the Newport Beach Police Association.
Resolution No. 2024-12: Establishing the Lower Castaways Park Ad Hoc Committee
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. 2024-12, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Lower Castaways Park Ad Hoc Committee.
CONTRACTS AND AGREEMENTS
Award of Maintenance and Repair Services Agreement with Southland Industries for
the Civic Center Chiller (C-8674-3)
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 Southland Industries for the Civic
Center Chiller system for a three-year term and for a not -to -exceed amount of $300,000 and
authorize the Mayor and City Clerk to execute the agreement.
8. Pulled from the Consent Calendar
9. Approval of Amendment No. Two of On -Call Fleet Vehicle Maintenance and Repair
Services Agreement with SVT Fleet (C-9357-1)
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. Two of the On -Call Fleet Vehicle Maintenance and Repair Services
Agreement with SVT Fleet for as -needed fleet maintenance and repair services with a
two-year extension and an additional not -to -exceed amount of $180,000 for a total
not -to -exceed amount of $300,000 and authorize the Mayor and City Clerk to execute the
agreement.
10. Amendment to On -Call Service Agreement for Temporary Pumping Equipment (C-9236-
1)
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 Amendment No. Three to the On -Call Maintenance/Repair Services Agreement with
Charles King Company, for Temporary Pumping Equipment, which increases the total
agreement compensation by $220,000, and authorize Mayor and City Clerk to execute the
Agreement; and
c) Approve Budget Amendment No. 24-052 appropriating $120,000 in increased expenditures in
the Storm Drain Maintenance and Repair Program Account 0109062-851037 from the
unappropriated General Fund.
11. Approval of Equipment Replacement Purchase Orders for One John Deere 410P Backhoe
Loader and Five Power Generators
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 a Purchase Order for one John Deere backhoe loader from Coastline Equipment of
Long Beach for a total amount of $173,293.98;
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c) Approve a Purchase Order for three power generators Model No. DCA 70SSIUF from
Multiquip Inc. of Cypress for a total amount of $185,496.99;
d) Approve a Purchase Order for two power generators Model No. DCA 125SSIUF from
Multiquip Inc. of Cypress for a total amount of $162,826; and
e) Authorize a contingency of $25,500 (approximately 5% of the total quotes) to cover the cost of
unforeseen changes to the current quotes.
12. Cultural Arts Grants Fiscal Year 2023-24 (C-8577)
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 recommended recipients for Fiscal Year 2023-24 Cultural Arts Grants as selected by
the City Arts Commission in accordance with City Council Policy I-10, Financial Support for
Culture and Arts.
MISCELLANEOUS
13. Planning Commission Agenda for the February 22, 2024 Meeting
Receive and file.
14. Fiscal Year 2023-24 Second Quarter Financial Report
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) Authorize the City Manager, or designee, to appropriate American Rescue Plan Act funds and
to transfer related savings to the Facilities Financing Plan Fund consistent with the spending
plan outlined within the staff report; and
c) Receive and file the report on budget amendments for the second quarter.
Motion by Mayor Pro Tern Stapleton seconded by Councilmember Blom, to approve the
Consent Calendar, except the item removed (Item 8); and noting the amendments to Item 1.
The motion carried unanimously.
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
8. Approval of Professional Services Agreement with Anchor QEA, LLC for Balboa Yacht
Basin Marina Design Consulting Services (C-9525-1)
Councilmember Blom thanked staff for the report and work on the item, but suggested holding off
on going into the design phase and spending money until the negotiations for rebuilding the
buildings returns with an approved piece. He stated that for this reason he would be voting "no" on
the matter.
In response to Mayor O'Neill's question, City Attorney Harp indicated Council could reject the
matter.
In response to Councilmember Weigand's questions, Public Works Director Webb stated that a brief
pause to explore the matter could occur but cautioned about waiting too long. City Manager Leung
noted that the request for proposal process has closed, proposals are currently being evaluated, and
it will not be very long until the land portion is settled.
Motion by Councilmember Blom seconded by Councilmember Weigand, to reject the
Professional Services Agreement with Anchor QEA, LLC for design services for the Balboa Yacht
Basin marina replacement project.
The motion carried unanimously.
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XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Chris Benzen provided a visual demonstration of the mooring fee increases.
Bill Powers explained the monetary impact to mooring holders of the mooring fee proposal.
Chris Bliss provided mooring fee comparisons, suggested a rate decrease, and opposed a mooring fee
increase.
Barbara Griffith provided a handout about the mooring fee increases, noted flaws in the appraisal, and
asked Council to review the matter closely.
Adam Leverenz rebutted the public comments on February 14, 2024 by the Harbor Commission and
thought the fair market value is flawed, believed mooring rates should not be tied to slip rates,
evaluation comparisons are far too high, off -shore mooring holders hoping to benefit from the use of
State lands or have private exclusive use of the mooring spaces is not true, and the percentage is not
comparable.
Jennifer Krestan stated that there have been no approvals for mooring increases in San Diego, as stated
by the City's appraiser, and an appraiser would not consider how the market would respond over time
to render an opinion about values and rates.
Diana J. Davis stated that she does not want to lose her home.
XVIII. MOTION FOR RECONSIDERATION — None
XIX. ADJOURNMENT — 5:53 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
February 22, 2024, at 4:00 p.m.
A" �, �io�
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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