HomeMy WebLinkAbout01 - Minutes - AmendedMay 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, Southern California Edison, reviewed the
qualifications for receiving the SCE Scholarship and congratulated Newport Harbor High School
student, Xiomara A La Torre, for being the recipient. '
Mayor O'Neill presented a Certificate of Recogniti to Xiomara A La Torre who thanked everyone
who supported her along her journey.
Proclamation Recognizing the John Wayne Canc undation and Block the Blaze
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, and Communications Coordinator Keara Haynes. He thanked the
Lifeguards and the City Council.
• Proclamation Recognizing Court Appointed Special Advocates (CASA) of Orange County
Mayor O'Neill read the proclamation and presented 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 Recognizing 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 18, 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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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 Ba Pinning Ceremony, and Orange
County Sanitation District Administration Committee meeting
Mayor Pro Tem Stapleton:
• Utilized slides to discuss the Newport to Ensenada Mayor's Recept n, Distinguished Citizens
Program, 2nd annual Newport Beach Surf & Turf Isolo 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
Mayor O'Neill:
• 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 COMMENININ 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 (Awnding 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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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.
Allean Guenther 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 concern in N q ach and asked Council to
uphold their duty to the community. A
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 lookk� at
all the evidence relative to the mooring fee increase.
Jim Mosher recommended that Council not ovexrride the Airport Land Use Commission's likely rejection
of the proposed Airport Land rUse r ��� amendments to the General Plan and consider an open
discussion with the public about less offentisns that can be included on the November ballot.
XVII. CURRENT BUSINESS 40
10.Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for
Commercial Solid Waste
Acting Deputy Public Works Director Salazar and Senior Management Analyst Springer noted that,
while there has been progress, compliance issues still exist and h-e-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/pl round outdoor programming
opportunities, the Board of Library Trustees' involvement, t e examples for early literacy
elements, collection statistics, technology, and programming.
Assistant City Engineer Sandefur continued the presentation to review the potential locations for a
temporary fire station during the construction period and tree locations 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. A
Public Works Director Webb clarified the tree assessment process.
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 be selected for replanting.
In response to Councilmember Weigand's question, Public Works Director Webb stated that the
refurbished 8-foot CitWeal can probably be incorporated into the site.
Steve Abraham supported the preservation of the eucalyptus tree.
Kathy Frasizer 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 Maoloney read excerpts from City Council policy G-1 and provided a handout and requested
that removing the tree be delayed.
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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 Gillfillan 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' ctions of the new library and
supported Option 1A.
Marjorie LeebeLLovell supported preserving the tree.
An unidentified speaker supported preserving th ee pressed concern for birds during
nesting season.
Nina Mikkelseen expressed her sadness for losing the tre!and library.
F
Helen Mikkelseen supported building arou d the tree to save the space for future opportunities.
Rachael Gabriel supported preserving OlNed building around it.
Adam Leverenz asked Council to consider 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 thg_ost differences between each architectural style.
Rick Flower suggested an option that replaces the playground with the tree and, once the fire station
is built, use the temporary fire station facility to house the maintenance equipment.
Patricia Hampton ssted 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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