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HomeMy WebLinkAbout05/28/2024 - Study Session / Regular MeetingCITYOF NEWPORT REACH City Council Meeting Minutes Study Session and Regular Meeting May 28, 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 Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Review of the Proposed Fiscal Year 2024-25 Capital Improvement Program Budget Councilmember Kleiman, announced she would be recusing herself from discussions regarding the Shore Cliffs Community Water System Improvements Project, Balboa Island Water Main Replacement, and Landscape - East Coast Highway due to real property interest conflicts. Due to real property interest conflicts, Councilmember Blom announced he would be recusing himself from discussions regarding Assessment District Nos. 120 and 124, the Balboa Island Water Main Replacement and Shore Cliffs Community Water System Improvement Projects, Balboa Island Drainage and Pump Station Improvements, West Irvine Terrace Main Water Replacements, Peninsula Tide Gate Improvement Project, and Santa Ana/San Bernardino Avenues Streets and Drainage due to real property interest conflicts. Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation to discuss the Capital Improvement Program (CIP) for fiscal years 2024-25 through 2029-30, and highlight the 2023-24 CIP projects. Mayor O'Neill expressed his appreciation to the Public Works Department for all their hard work. Deputy Public Works Director Houlihan utilized a presentation to highlight the proposed 2024- 25 CIP list, the CIP budget by category, and CIP budget summary. Public Works Director Webb thanked Council for being supportive and Public Works Finance/Administrative Manager Schweitzer for putting the program together. Jim Mosher suggested an improvement to the parking and public tidelands access at the Bayside Drive viewpoint, inquired if there is enough money in the budget to successfully complete the General Plan Update, and thought the Noise Element should be accounted for in the budget. In response to Mayor O'Neill's question, City Manager Leung confirmed that funding is available to complete the General Plan Update. SS3. Public Safety Technology Ad Hoc Committee Results Mayor O'Neill announced that the Ad Hoc Technology Implementation and Integration Committee included himself, Mayor Pro Tem Stapleton, and Councilmember Kleiman. Volume 66 - Page 101 City of Newport Beach May 28, 2024 Police Chief Cartwright and Deputy Police Chief Aguilar discussed the background and utilized a presentation to discuss the reasons for looking into public safety technology, proposed technology platforms, the Crime Information Center (CIC) two-part mission and three key components, Flock cameras, crime prevention and elimination, privacy protection with Automatic License Plate Reader (ALPR) technology and existing Flock cameras. Furthermore, he played a video to demonstrate the FususONE platform which highlighted the cloud -based real-time crime center map interface and how it works. He reported that the Ad Hoc Committee is considering developing a drone program and policy. In closing, the pending issue for discussion was to extend or make permanent the City's Flock Camera homeowners association pilot program which will be expiring on September 20, 2024. Mayor O'Neill relayed that a drone policy was created by the Ad Hoc Committee to be implemented once a drone program is developed, a Flock camera policy is in progress, and advocated for making the homeowners association program permanent. Councilmember Kleiman expressed her gratitude to the Newport Beach Police Department (NBPD) and Lt. Morouse for providing an opportunity for the Ad Hoc Committee to view the Beverly Hills crime center, and advocated for additional tools for the NBPD. Mayor Pro Tem ' Stapleton expressed support for providing the NBPD with the best technology and resources, appreciated the opportunity to observe the Beverly Hills CIC, and stated he supported using Flock cameras. Councilmember Weigand expressed appreciation to the Ad Hoc Committee and NBPD and, in response to his question about priorities, Police Chief Cartwright reported that the proposed technology platforms work in concert and the drone program is the last piece. He explained that Fusus can tap into private Ring and Nest systems. Additionally, Deputy Police Chief Aguilar noted that criminals target areas without technology and thought that having this technology is the first step for crime prevention and necessary for public safety. Councilmember Weigand supported the permanent use of Flock cameras by homeowner associations. Mayor O'Neill clarified that residents need to opt -in for Fusus to access private Ring and Nest systems. He noted that the first three items (CIC, Flock, and Fusus) are in the proposed budget, need contracts, and can be implemented in the next fiscal year, and received a description of the roles of the additional civilian staff in the CIC dispatch area from Police Chief Cartwright. Jim Mosher thought the emails received from the public for this item were pertaining to the City Council adopting a private drone program rather than the police drones, and suggested an overarching policy be formed that supports a crime fighting tool but prohibits tracking residents' daily activity. Adam Leverenz suggested conducting an analysis to assess staffing needs associated with using 70 ALPRs. In response to Mayor O'Neill's question, Police Chief Cartwright confirmed that he has no intention of asking for fewer police officers after implementing ALPRs. Councilmember Weigand expressed interest in blocking the use of data for personal requests. In response, Police Chief Cartwright clarified that the City cannot perform unreasonable searches and seizures as outlined by the 4th Amendment and data will not be provided by personal request without a Public Records Act Request (PRAR). Mayor O'Neill reviewed the analysis and policy to address the proper collection and use of data. Councilmember Blom discussed the data being subject to PRARs and the amount of staff time needed to sift through data for personal use, supported crime prevention and tools, and expressed concern for too much data collection. Mayor O'Neill acknowledged the privacy concerns. Volume 66 - Page 102 City of Newport Beach— _ May-28, 2024--- --- — --— The straw vote to return to a future Council meeting to make the homeowner association Flock camera program permanent was unanimous. III. PUBLIC COMMENTS - None IV. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 2 matters 1. Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini, Human Resources Director. Employee Organizations: Association of Newport Beach Ocean Lifeguards; Newport Beach City Employees Association; Newport Beach Employees League; Newport Beach Firefighters Association; Newport Beach Fire Management Association; Newport Beach Lifeguard Management Association; Newport Beach Police Association; Newport Beach Police Management Association; Newport Beach Professional and Technical Employees Association; and Part Time Employees Association of Newport Beach. 2. Agency Designated Representatives: Will O'Neill, Mayor, and Joe Stapleton, Mayor Pro Tem. Unrepresented Employees: All unrepresented employees (including all employees in the Key and Management Group), except for the City Manager, City Attorney and City. Clerk. V. RECESSED - 5:31 p.m. VI. RECONVENED AT 6:15 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 Assistant City Attorney Summerhill announced that no reportable actions were taken. IX. INVOCATION - Pastor Russell Lackey, Lutheran Church of the Master 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 Weigand: • Announced that he will be traveling with Councilmember Grant to Japan for a Sister City event and reported for the record that both he and Councilmember Grant are using their personal resources for the trip Councilmember Grant: • Along with other Councilmembers, attended the Exchange Club of Newport Harbor's Memorial Day celebration at the Field of Honor in Castaways Park Volume 66 - Page 103 City of Newport. Beach —-Ma-y-28, 2024 - Mayor Pro Tem Stapleton: • Attended Leadership Tomorrow's government day class as a speaker, the Love Newport opening party, Public Works Touch -a -Truck event, the Newport Coast pickleball court opening, the Newport Beach Chamber of Commerce's 62nd Athletic Awards, Newport Harbor High School's Memorial Day Ceremony, and the Field of Honor event hosted by the Exchange Club of Newport Harbor • Visited the Sunset Ridge Park bridge and parking lot Mayor O'Neill: • Spoke during Leadership Tomorrow's Mayor's Panel • Attended the Balboa Island Art Walk awards ceremony and the Battle in the Bay water polo matches at Marina Park • Announced the Balboa Island Parade on June 2, 2024 XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Request staff to provide an update on the implementation status of the 2014 City of Newport Beach Bicycle Master Plan at a City Council Study Session in the near future [Mayor Pro Tern Stapleton] The City Council unanimously concurred to bring the matter back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR — None XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 14, 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. CONTRACTS AND AGREEMENTS Balboa Pier Maintenance (Project No. 24H09) — Notice of Completion for Contract No. 9323-1 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 the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 4. FY 2022-23 Traffic Signal Rehabilitation Project (Project No. 23T01) — Notice of Completion for Contract No. 9095-1 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 the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. Water Transmission Main Valve Replacement Phase 2 (Project No. 18W12) — Notice of Completion for Contract No. 7539-3 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; Volume 66 - Page 104 City of Newport Beach Ma-y-28, 2024 - - -- b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 6. 38th Street and Lake Avenue Landscape Improvement Project — Award of Contract No. 9008-1 (24L01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (replacement of existing public facilities involving negligible or no expansion of existing use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 24-076 appropriating $152,041.70 in increased expenditures in Account No. 16701-980000-24L01 from the Oceanfront Encroachment Fund unappropriated fund balance; d) Award Contract No. 9008-1 to S&H Civilworks for the total bid price of $193,067 for the 38th Street and Lake Avenue Landscape Improvements project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $29,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract. 7. Pulled from the Consent Calendar 8. Irrigation Controllers Replacement — Award of Contract No. 9527-1 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) Award Contract No. 9527-1 to American Landscape, Inc. for the total bid price of $729,950 for the replacement of 59 irrigation controllers, and authorize the Mayor and City Clerk to execute the agreement; and c) Establish a contingency of $36,500 (approximately 5% of total bid) to cover the cost of unforeseen work not included in the original contract. General Liability Third Party Administrator — Approval of Professional Services Agreement with AdminSure, Inc. (C-8179-2) 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; and b) Approve a five-year Professional Services Agreement with AdminSure, Inc. for Third Party General Liability Claims Administration Services at a not -to -exceed amount of $673,228, and authorize the Mayor and City Clerk to execute the Agreement. 10. Award and Approval of Purchase Agreement with Florence Marine X, LLC for Junior Lifeguard Program Uniforms and Apparel (C-9622-1) 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 Purchase Agreement with Florence Marine X, LLC for Junior Lifeguard Uniform Apparel for a not -to -exceed amount of $1,816,000, with a two-year initial term with three additional, one-year extensions (for an approximate total five-year term), and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 11. Planning Commission Agenda for the May 23, 2024 Meeting Receive and file. Volume 66 - Page 105 City of Newport -Beach -- May 28, 2024- -- - - - - - - - 12. Accept the 2021 Emergency Management Performance Grant 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) Accept the grant funding in the amount of $13,270 to be used in support of the City of Newport Beach's emergency management program; and c) Approve Budget Amendment No. 24-073 to accept grant funds from FEMA through the County of Orange, increase revenue estimates by $13,270 in account 0103511-431250 and increase expenditures appropriations by $13,270 in account 0103511-821005. 13. Accept the 2022 Emergency Management Performance Grant 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) Accept the grant funding in the amount of $14,269 to be used in support of the City of Newport Beach's emergency management program; and c) Approve Budget Amendment No. 24-074 to accept grant funds from FEMA through the County of Orange, increase revenue estimates by $14,269 in account 0103511-431250 and increase expenditures appropriations by $14,269 in account 0103511-821005. 14. Annual Report and Renewal of the Military Equipment Use Policy for the Newport Beach Police Department 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) Receive and file the 2023 Annual Military Equipment Report; and c) Renew the Military Equipment Use Policy for the Newport Beach Police Department, including minor changes to the list of authorized munitions, as specified. 15. Fiscal Year 2023-24 Third 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) Approve Budget Amendment No. 24-071, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2023-24 budget as outlined in the report; and c) Receive and file the report of budget amendments for the third quarter. 16. Set Public Hearing Date to Adopt Fiscal Year 2024-2025 Budget 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 2024-2025 for June 11, 2024, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. Motion by Mayor Pro Tem Stapleton seconded by Councilmember Weigand, to approve the Consent Calendar, except the item removed (Item 7); and noting the amendments to Item 1. The motion carried unanimously. XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 7. Balboa Boulevard, Newport Boulevard, and 32nd Street Pavement Rehabilitation — Award of Contract No. 8833-2 (22R11) Volume 66 - Page 106 City of Newport Beach May-28, 2024 - -- -- — -- — -- In response to Councilmember Weigand's concern for the impact of the project during the summer months, Public Works Director Webb explained the approach to prioritize the Newport Elementary School area and return in September for the remaining areas. Motion by Councilmember Weigand seconded by Mayor Pro Tern Stapleton, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) approve the project plans and specifications; c) approve Budget Amendment No. 24-078 appropriating $42,000 in new revenue and expenditures from Orange County Sanitation District to Account No. 13501-980000-22R11; d) award Contract No. 8833-2 to R.J. Noble Company for the total bid price of $5,119,060 for the Balboa Boulevard, Newport Boulevard, and 32nd Street Pavement Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and e) establish a contingency of $512,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. Jim Mosher suggested informing the public of the types of pedestrian safety improvements being proposed since it might be more applicable along Balboa Boulevard in the future. Public Works Director Webb relayed the safety enhancements that are being planned. The motion carried unanimously. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS George Hylkema discussed tideland fees in the Harbor and provided a handout. Adam Leverenz noted he has not received a response to his inquiry on whether yacht clubs will be exempted from mooring holding fee increases or to see the Harbor Commission's recommendation they will be making to Council, recited four reliable sources the City could use to evaluate mooring rates, and asked that Council become informed about permit harbor rates. Jim Mosher announced the Coffee with the Mayor event on May 31, 2024, from 9:00 a.m. to 11:00 a.m. and inquired about the address. Mayor O'Neill stated that the Coffee with the Mayor event will take place at the Starbucks at 377 East Coast Highway. XVIII. PUBLIC HEARING 17. Resolution No. 2024-32: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245) Assistant City Manager Jurjis introduced Acting Deputy Community Development Director Murillo, provided background, and indicated that, if Council approves the resolution, a notice will be sent to the Airport Land Use Commission and staff will return to the July 23, 2024 City Council meeting to hold a a public hearing and review the housing implementation documents. Mayor O'Neill recognized and appreciated the work on this matter by staff and noted shared concerns by the public and Council about the Regional Housing Needs Assessment (R.HNA) process. In response to Mayor O'Neill's question, Assistant City Attorney Summerhill relayed that Huntington Beach was unsuccessful in challenging the State on the RHNA process. Councilmember Grant added that other cities have also been unsuccessful. Mayor O'Neill opened the public hearing. Volume 66 - Page 107 City of Newport Beach May 28, 2024 --- — - - Jim Mosher stated his objection to the item, expressed concern for having housing by the airport, and doubted Council's ability to make the finding that adding new housing would further the State's effort to minimize the public's exposure to excessive noise and safety hazards. Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Mayor O'Neill seconded by Councilmember Blom, to a) find that the proposed overriding action is not subject to 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. 2024-32, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission (ALUC) and State Division of Aeronautics Program of the City's Intention to Find that Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Necessary to Implement the General Plan 6th Cycle Housing Element are Consistent with the Purpose of the State Aeronautics Act and Overrule ALUC's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Land Use Plan (PA2022-0245). The motion carried unanimously. XIX. CURRENT BUSINESS 18.Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for Commercial Solid Waste In response to Mayor O'Neill's request for an update since the last Council meeting, Senior Management Analyst Springer stated that the hauler has not confirmed their voluntary rescinding of the Tier 1 franchise agreement and that, a requested deliverable of confirmation between the client and hauler has not been received, and although correspondence with the commercial entity has been confirmed, and recent efforts have been made, in relation to recission of Tier 1, no effort has been made. He indicated that staff is not satisfied enough to justify maintaining the status. CouncAmember Weigand expressed an interest in resolving the matter promptly. John Katangian, President of Key Disposal & Recycling, Inc., thanked Council for their time and indicated he thought he met the compliance requirements that are within his control. In response to Mayor O'Neill's question, Mr. Katangian stated that the emails related to Tasks 3 and 4 were not included in the May 14 staff report and would have prevented the termination. He noted that he used the waste processing company that was recommended by staff despite having better facility options, and took issue that staff stopped responding to him. Shelline Katangian stated that she sent reports late due to the time constraint, met with the store and finished Tasks 3 and 4 and sent them to staff on May 10, 2024, at 2:33 p.m. but received no response, believed they went above and beyond for this one account, has completed all the requests, and asked Council to review the information because she does not want to rescind their Tier 1 agreement. In response to Mayor O'Neill's question, Assistant City Attorney Summerhill stated that adequate evidence was available to terminate the agreement at this time. Senior Management Analyst Springer noted compliance inconsistencies and clarified that the hauler has met the requirements as per conversations with the client. Public Works Director Webb added that compliance should have started at the time of signing the agreement but the City is just now getting what is needed, expressed concern for confidence in the hauler, and noted the circumstances with the hauler being a waste broker. Volume 66 - Page 108 City of Newport Beach - May-28, 2024 - -- Councilmember Grant noted a trust factor issue between the City and the hauler, the amount of staff time to satisfy State mandates, voiced support for local businesses, and acknowledged the costibenefit factors. Senior Management Analyst Springer noted the amount of staff time being spent on this account. Mayor O'Neill noted the penalties to the City for noncompliance. Senior Management Analyst Springer stated that the State is aware of the City's efforts to gain compliance with the haulers, sees the progress in gaining overall compliance, and noted that the enforcement actions to remedy noncompliance items are becoming problematic. Motion by Councilmember Blom, seconded by Councilmember Weigand, 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 Ordinance No. 2024-14, An Ordinance of the City Council of the City of Newport Beach, California, Terminating a Non -Exclusive Franchise Agreement for Commercial Solid Waste in its entirety, and pass to second reading on June 11, 2024. The motion carried unanimously. XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 7:02 p.m. in memory of Tom Phillips 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 23, 2024, at 4:00 p.m. Will O'Neill Mayor NEW Leilani I. Brown City Clerk U /P O RNA Volume 66 - Page 109