HomeMy WebLinkAbout01 - MinutesMay 28, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
May 14, 2024
I. ROLL CALL — 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Lauren Kleiman, Councilmember Erik Weigand
Excused: Councilmember Robyn Grant
II. PRESENTATIONS
• Certificate of Recognition to Xiomara A La Torre
Cynthia Quimby, Government Relations Manager, SoAern California Edison, reviewed the
qualifications for receiving the SCE Scholarship and congr gated Newport Harbor High School
student, Xiomara A La Torre, for being the recipient.
Mayor O'Neill presented a Certificate of Recognition to Xiomar L Torre who thanked everyone
who supported her along her journey.
Proclamation Recognizing the John Wayne Cancer Foundation and Block the Blaze
1h
Mayor O'Neill read the proclamation and presented it to Ethan Wayne who reviewed details of the
program and introduced Marisa and Duke Wayne, Senior Program Director Lauren Fraga, Program
Specialist Mayra Del La Cruz, andmunications Coordinator Keara Haynes. He thanked the
Lifeguards and the City Council.
• Proclamation Recognizing Court Ap inted Special Advocates (CASA) of Orange County
Mayor O'Neill read the proclamation an esented it to Nicole Inal who introduced CASA staff and
advocates, thanked the City for the recognition, and noted the importance of volunteers. Norma
Mendoza shared volunteer recruitment opportunities that can be found at www.casaoc.org.
• Proclamation Recogniong the Crime Survivors Resource Center
Mayor O'Neill read the proclamation and presented it to Patricia Wenskunas who relayed the
program's focus, location and service area, and thanked supporters.
Representatives from the offices of Senator Janet Nguyen and Assemblywoman Diane Dixon
presented certificates to the John Wayne Cancer Foundation, CASA OC, and Crime Survivors
Resource Center.
• Proclamation Recognizing National Public Works Week
Mayor O'Neill read the proclamation and presented it to Public Works Director Webb, Utilities
Director Vukojevic, and staff who proclaimed the week of May 19, 2024, as National Public Works
Week and encouraged the community to pay tribute to Public Works professionals. Mayor O'Neill
announced the Touch A Truck event on May 8, 2024, from 9:00 a.m. to noon in the Balboa Pier
parking lot.
Mayor O'Neill recessed the meeting at 4:30 p.m. and reconvened the meeting at 4:38 p.m.
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III. PUBLIC COMMENTS
Adam Leverenz took issue that yacht clubs are being exempt from the mooring fee increases
recommended by the Harbor Commission, noted participants in the process who have financial
interests, and asked Council to consider during the Closed Session the wrongful conduct leading up to
this point and the inconvenience, time, and expense to defend the position.
Bill Powers provided a handout and addressed the formula for the phasing and the 24% indexing to the
Balboa Yacht Basin, and wondered if a working committee would be helpful to form.
Ann Stenton, President of the Newport Mooring Association (NMA), expressed that she felt there was a
lack of direct and real dialogue with the Harbor Commission regarding the proposed mooring rate
increases and suggested there be a global rate study. She also proposed meeting with the City Manager
or Mayor to review concerns and develop a mutually beneficial solution.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION
(Government Code § 54956.9(d)(2) (e)(3)): 1 matter
On Aprill 22, 2024, Elise M. Kern with the law firm of Palmieri, 1knnessey & Leifer, LLP, confirmed
that Mr. Chris Benzen is inclined to pursue litigation against the-cid of Newport Beach if the City
Council increases the rent for moorings, as recommended by the Ha or Commission. A copy of the
e-mail from Ms. Kern is on file with the City Clerk located at 100 Civic Center Drive, Newport
Beach, California 92660, and is available blic inspection pursuant to Government Code
Section 54957.5. AMW
B. CONFERENCE WITH REAL PRO
(Government Code § 54956.8): 1Ap
Property: A portion of the public right- of-lWadjacent to 929
944 Via Lido Nord (423-281-10) (approximately 845 square feet).
Zurich Circle (423-282-04) and
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding-Whitlinger,
Real Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido
Nord Trust.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESSED - 4:48 p.m.
VI. RECONVENED AT 6:01 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 Lauren Kleiman, Councilmember Erik Weigand
Excused: Councilmember Robyn Grant
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Mayor O'Neill
X. PLEDGE OF ALLEGIANCE - Councilmember Blom
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XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Attended meetings in Washington DC with Councilmember Blom, City Attorney Harp, and
Assistant City Manager Finnigan to advocate for aviation matters, an Aviation Committee meeting,
the Orange County Council of Government (OCCOG) board meeting, the annual Southern
California Association of Governments (SCAG) conference, the County's Selection Committee
meeting, Speak Up Newport regarding Proposition 1, the Newport Beach Surf & Turf Polo Classic
event, the Police Appreciation Lunch, and the Fire Department Badge Pinning Ceremony
• Congratulated Fire Chief Boyles for being named First Responder of the Year by the Association of
California Cities — Orange County (ACC-OC)
Councilmember Avery:
• Attended the Police Appreciation Lunch, Fire Department Badge Pinning Ceremony, and Orange
County Sanitation District Administration Committee in ng
Mayor Pro Tem Stapleton:
• Utilized slides to discuss the Newport to Ensenada Mayor's Reception, Distinguished Citizens
Program, 2nd annual Newport Beach Surf & Turf Polo Classic, the Orange County Marathon, and
yacht club opening days
• Congratulated the firefighters in the Badge Pinning Ceremony and Fire Chief Boyles for being
named First Responder of the Year
• Attended the Police Appreciation Luncheon
f
Mayor O'Neill: iv qo
• Attended the Newport Beach Arbor Day Ceremony with Newport Coast Elementary School
students, the Transportation Corridor Agencies meeting, and the ACC-OC award ceremony where
Fire Chief Boyles received an award
• Announced the 3rd Annual Touch A Truck event on May 18, 2024, the Newport Coast pickleball
courts opening celebration on May 20, 2024, Memorial Day, and Field of Honors at Castaways Park
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Mayor O' Neill requested clarification regarding use of personal digital communication platforms and
the initial dissemination of news releases. City Attorney Harp clarified that the original posting is being
referenced in Item 4 (Amending City Council Policies regarding Communication as an Official or
Personal Communication).
Jim Mosher suggested a thorough review of the policies in Item 4, provided examples of policies he felt
are unclear, and requested that new appointees to boards, commissions or committees be informed of
the policies.
Adam Leverenz questioned actual cost savings when imposing a 2.85% credit card fee in Item 3
(Amending Section 3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery
Percentages), supported the emphasis on factual communication noted in Item 4, and suggested adding
specific criteria for boat electric charging station functionality in Item 9 (Installation and Operation of
an Electric Watercraft Charging Station at Marina Park).
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 23, 2024, City Council Meeting
Waive reading of subject minutes, approve as amended, and order filed.
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2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
3. Ordinance Nos. 2024-12 and 2024-13: Amending Section 3.36.030 of the Newport Beach
Municipal Code Related to Cost Recovery Percentages and Section 15.02.085 (Addition of
Section 105.3.1.1) of the Newport Beach Municipal Code Related to Demolition Waste
Disposal
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) Conduct second reading and adopt Ordinance No. 2024-12, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Section 3.36.030 of the Newport Beach
Municipal Code Related to Cost Recovery Percentages; and
c) Conduct second reading and adopt Ordinance No. 2024-13, An Ordinance of the City Council of
the City of Newport Beach, California, Amending ction 15.02.085 (Addition of Section
105.3.1.1) of the Newport Beach Municipal Code Rela o emolition Waste Disposal.
RESOLUTION FOR ADOPTION
4. Resolution No. 2024-31: Amending City Council Policies t�rsonal
2, D-1 and D-5, to Help the
Public Discern Whether a Communication is an Official Communication
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. 2024-31, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policies A-1 "City Council," A-2 "Boards, Commissions &
Committees, "D-1 "Media Relations, "and D-5 "Digital Communication" to Ensure that the Public
Can Discern When a Communication Made by a City Official, Officer, Employee or Consultant
is Being Made on Behalf of the City or is a Personal Communication.
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CONTRACTS AND AGREEMENTS
5. Approval of Professional Servifes Agreement with David Evans and Associates, Inc. for
MacArthur Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation -
Contract No. 9431-1 (24R13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c) (existing highways and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities) of the CEQA Guidelines, because this project has no potential to
have a significant effect on the environment; and
b) Approve a Professional Services Agreement with David Evans and Associates, Inc. for the
MacArthur Boulevard, from Jamboree Road to Campus Drive, Pavement Rehabilitation project
for a total not -to -exceed amount of $493,320 and authorize the Mayor and City Clerk to execute
the Agreement.
6. Award of Maintenance and Repair Agreement with Mariposa Landscapes, Inc. for
On -Call Sports and Recreation Field Landscaping (Contract No. 9529-1)
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 a Maintenance and Repair Services Agreement with Mariposa Landscapes, Inc. for
On -Call Sports and Recreation Field Landscaping for a five-year term and a not -to -exceed
amount of $1,250,000 and authorize the Mayor and City Clerk to execute the agreement.
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7. Approval of Amendment No. Two to Professional Services Agreement with Stantec
Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement
Rehabilitation and Evening Canyon Road Drainage Improvements Project - Contract
No. 8925-1 (23R11) and Approval of Additional Construction Contingency with
T.E. Roberts, Inc. (C-7173-3) and All -American Asphalt (C-8925-2)
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 Budget Amendment No. 24-069, transferring $625,391 from the unappropriated
General Fund balance to the General Fund CIP and appropriating it into Account
No. 01201927-980000-23R11 and appropriating $1,750,000 in increased expenditures in
Account No. 70201932-980000-24W14 and transferring funds from the Water Enterprise Fund
unappropriated fund balance to the Water Capital Fund;
c) Approve Amendment No. Two to the Professional Services Agreement with Stantec Consulting
Services, Inc. for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and
Evening Canyon Road Drainage Improvements project for an additional $75,391 for a total not -
to -exceed amount of $426,734, and authorize the Mayor and City Clerk to execute the
agreement; Ak
d) Increase the contract bid item amounts and contingApcy by $1,750,000 to $2,270,000
(approximately 65% of the contract award) with T.E. Roberts for Contract No. 7173-3 to cover
additional water main replacement on Evening Canyon Road; and
e) Increase the contract bid item amounts and contingency by $550,000 to $1,100,000
(approximately 20% of the contract award) with All American Asphalt for Contract
No. 8925-2 to cover additional pavement rehabilitation efforts on Evening Canyon Road that
will be required as a result of the additional water main replacement work.
8. Approve Amendment No. Three to the Maintenance Services Agreement with Great Scott
Tree Service, Inc. for Citywide Tree Maintenance Services (Contract No. 5648-1A)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(!� 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. Three to the Maintenance Services Agreement with Great Scott Tree
Service, Inc. for Citywide Tree Maintenance Services with a three-year extension and additional
not -to -exceed amount of $6,100,000 for a total not -to -exceed amount of $23,060,000 and
authorize the Mayor and City Clerk to sign the amendment.
F
9. License Agreement with Aqua Superpower (USA), Inc. for Installation and Operation of
an Electric Watercraft, Charging Station at Marina Park Located at 1600 West Balboa
Boulevard (C-9597-1)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing facilities) and Section 15303 (New construction of small structures) of
the CEQA Guidelines, because this project has no potential to have a significant effect on the
environment;
b) Authorize the City Manager and City Clerk to execute the License Agreement between the City
of Newport Beach and Aqua Superpower (USA), Inc. for use of a portion of the City of Newport
Beach owned property and public dock at Marina Park located at 1600 West Balboa Boulevard,
for installation, operation, and maintenance of electric watercraft charging equipment, in a form
substantially similar to the License Agreement prepared by the City Attorney; and
c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the findings
contained in the staff report and the Agreement, that conducting an open bid process would
result in excessive vacancy, and this use of the property provides a unique service to the
community and is of a public benefit and might not otherwise be provided were an open bid
required.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Blom, to approve the
Consent Calendar; and noting the amendments to Item 1.
With Councilmember Grant absent, the motion carried 6-0.
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XV. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
George Hylkema spoke about the increased fees for on and offshore mooring permits, proposed every
boat pay for the private use of public tideland space, and thought the City is not in compliance with the
tideland rules.
Chris Bliss opposed the mooring fee increases and asked Council to pull the plan off the table and
perform a comprehensive rate study of the various tideland permits in the harbor to establish fair and
equitable rates.
Allen Gunther thanked the City for opening eight additional pickleball courts on Monday and expressed
concern for the system to reserve and pay for a court. Mayor O'Neill directed the matter to the Recreation
& Senior Services Director Levin.
Jennifer Krestan expanded upon comments from Mr. Hylkema and read a few negative comments from
an NMA petition.
Garrett Cliser relayed how illegal immigration is a cK iftwport Beach and asked Council to
uphold their duty to the community. 111k
Herman Coomans provided what he thinks will happen once the mooring fees are increased and
suggested the resident piers pay a comparable fee to the City's market rate.
Adam Leverenz asked Council to be fair and look a�l1 the evidence relative to the mooring fee increase.
Jim Mosher recommended that Council override the likely rejection'of the proposed Airport Land Use
Commission's amendments to the General Plan and consider an open discussion with the public about
less offensive options that can b included on the November ballot.
XVII. CURRENT BUSINES
10.Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for
Commercial Solid Waste
I ,
Acting Deputy Public Works Director Salazar and Senior Management Analyst Springer noted that,
while there has been progress, compliance issues still exist and he relayed the outstanding issues.
In response to Mayor O'Neill's questions, Senior Management Analyst Springer relayed that the
City has two tiers, reviewed the number of haulers, and indicated the termination of Key Disposal
& Recycling's Tier 1 franchise is being proposed but the Tier 2 franchise agreement would continue.
John Katangian, President of Key Disposal & Recycling, Inc., stated that he has met the task
requirements provided by staff and has no control over what happens at the store. Mayor O'Neill
noted the challenge of complying with State regulations, offered Mr. Katangian the ability to
withdraw from the Tier 1 agreement instead of facing termination, and thought the contract
requirements have not been met. Mr. Katangian agreed to only have a Tier 2 agreement and
indicated he would withdraw from Tier 1.
Regarding Mayor O'Neill's inquiry, City Attorney Harp thought it is a feasible approach to come up
with a process for Mr. Katangian to withdraw from the Tier 1 franchise agreement.
Mayor O'Neill stated that he recommends allowing Key Disposal and Recycling to voluntarily
relinquish its Tier 1 franchise agreement but keep its Tier 2 status; however, this should come back
to Council at the next meeting if the relinquishment has not occurred.
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Motion by Mayor O'Neill, seconded by Councilmember Weigand, to continue the matter to
the May 28, 2024 City Council meeting if Key Disposal & Recycling does not relinquish its Tier 1
franchise agreement.
With Councilmember Grant absent, the motion carried 6-0.
11. Balboa Branch Library / Fire Station No. 1 Concept Review and Approval - Project
No. 23F12
Public Works Director Webb and Assistant City Engineer Sandefur utilized a presentation to review
the location, background, history, design parameters, project timeline, public notification process,
design development, draft design concept plans, layout comparisons, and off -site parking layout.
Jeff Katz, COAR Design Group, utilized a presentation to review Options 1, 1A and 2.
Assistant City Engineer Sandefur reviewed requests from the public regarding Options 1 and 1A.
Library Services Director Hartson discussed library/playground outdoor programming
opportunities, the Board of Library Trustees' involve t, theme examples for early literacy
elements, collection statistics, technology, and programm
Assistant City Engineer Sandefur continued the presentation k�eview the potential locations for a
temporary fire station during the construction period and tree locati&s in both options.
Superintendent Pekar utilized the presentation to review the existing trees and conditions, removed
trees, background on site trees, prognosis of the remaining trees, and birds and nesting.
Assistant City Engineer Sandefur utilized the presentation to review actions taken at the Board of
Library Trustees and Parks, Beaches, and Recreation Commission (PB&R) meetings, schedule and
cost, and recommendations. J-
Public Works Director Webb clarified the tree assessment process.
mlpk.
Councilmember Avery supported maintaining a library and fire station at the location, thought
facing away toward Island Avenue was a good choice, and acknowledged the loss of the trees. In
response to his concern for shade, Superintendent Pekar indicated that rapid growing trees with
broad canopies can belelected for replanting.
In response to CouncilmeinberFeigand's question, Public Works Director Webb stated that the
refurbished 8-foot City seal can probably be incorporated into the site.
Steve Abraham supported the preservation of the eucalyptus tree.
Kathy Frasier thought the playground is not part of the literacy program, questioned who will
monitor the parking lot, and expressed concern for the safety of children crossing Balboa Boulevard.
Joyce Flower suggested converting the playground area into internal space, including a
drive -through for book drop-off, and establishing a bicycle parking area.
Robert Hampton suggested collecting feedback from people who study birds and encouraged Council
to look at things in a new way.
Nancy Remley suggested removing the storage facility.
Michele Silver asked that Council keep in mind that the tree is very important to the community.
Jim Maloney read excerpts from City Council policy G-1 and provided a handout and requested that
removing the tree be delayed.
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May 14, 2024
Don Abrams urged Council to preserve the tree as a home for the great blue heron.
April Strong disagreed with having a playground at the library and suggested giving the tree some
space and time to see how it can handle any possible issues.
Tara Gifilin suggested retesting the tree and to consider the magnitude of preserving the tree.
Collin Israel thought the site is a community spot and, if lost, will not be regained, took issue with
the cost of the project, and supported preserving green space instead of installing a playground or
parking lot.
Maggie Israel supported keeping the tree and green space instead of installing a playground.
Charles Bell expressed concern about changing the existing neighborhood alley wall which
separates the facility from the residential neighborhood.
Chuck Remley suggested expanding the adult and children's sections of the new library and
supported Option 1A.
Marjorie Loebel supported preserving the tree.
An unidentified speaker supported preserving the tree and expressed concern for birds during
nesting season. F
Nina Mikkelson expressed her sadness for losing the tree adlibrary.
Helen Mikkelson supported building arounAe tree to save th space for future opportunities.
Rachael Gabriel supported preserving the tree and building around it.
Adam Leverenz asked Council'to considek having,an arborist reevaluate the disease factor of the
tree, suggested rebuilding the library when the tree takes its natural course, and requested that
Council consider the cost differences between each architectural style.
Rick Flower suggeste an option that replaces the playground with the tree and, once the fire station
is built, use the tempo ry fire station facility to house the maintenance equipment.
Patricia Hampton sugges d that Council act based on public opinion.
Jim Mosher expressed concern for how the Council working group was appointed, noted that PB&R
did not make a layout recommendation nor was their public discussion about the library's layout,
and voiced that approving a floor plan tonight seemed premature.
Mayor O'Neill reported that the Capital Improvement Program (CIP) included replacing both
buildings, successful design allows for a modern upgrade to the fire station, the location is
important, both buildings are older and need replacement to make conditions safer for the
firefighters, over 600 trees have been added to the Peninsula in the last 20 years, failing trees cause
safety issues, working around the tree is not feasible going forward, PB&R approved the tree
removal, and acknowledged that the cost is high.
Councilmember Weigand echoed Mayor O'Neill's comments, noted that he toured the fire station,
observed that the facility is run down and does not provide proper accommodations, preferred Option
1A to provide extra space to the fire station by removing the Public Works equipment, and noted
that the City is a great steward to trees in the City.
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May 14, 2024
Mayor Pro Tem Stapleton concurred with his colleagues and supported Option 1A. In response to
his question, Superintendent Pekar stated that a drone is used to confirm that no eggs are in a tree
nest before a tree is removed. Additionally, Mayor Pro Tem Stapleton applauded the work done to
the new Historical Society Museum and supported solutions to the temporary fire station.
Councilmember Avery noted the changes in the City over the last 20 years, supported public safety
personnel and facilities that serve the community, expressed his understanding of the public's
opinion, agreed with the public about the value of trees and recognized the difficulty to remove a
tree when a landmark tree is involved, and supported Option 1A.
Councilmember Weigand asked that staff try to find a way to include the large City seal into this
project.
Motion by Councilmember Weigand, seconded by Mayor Pro Tem Stapleton, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301
(Class 1 — Existing Facilities) and 15303 (Class 3 — New Construction or Conversion of Small
Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA
Guidelines, because this project has no potential to haveAk significant effect on the environment;
and b) direct staff to proceed with preparation of final buil d site plans, required permits, and
solicit public bids for its construction.
With Councilmember Grant absent, the motio
XVIII. MOTION FOR RECONSIDERATION — None
XIX.
ADJOURNMENT — Adjourned at 8:30 p.m. in men
up and Erin Jones
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the Ci Council Chambers at 100 Civic Center Drive on
May 9, 2024, at 4:00 p.m.
Will O'Neill
Mayor
Leilani I. Brown
City Clerk
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