HomeMy WebLinkAbout09/10/2024 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
September 10, 2024
I. ROLL CALI. - 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. INVOCATION- Reverend Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church
III. PLEDGE OF ALLEGIANCE - Councilmember Grant
IV. PRESENTATIONS
• Proclamation Recognizing Laird Hayes
Mayor O'Neill read the proclamation and presented it to Laird Hayes.
Mayor Pro Tem Stapleton recognized Mr. Hayes' accomplishments, noted how deserving he is of
receiving the proclamation, and congratulated him.
Councilmember Grant noted that Mr. Hayes is the ultimate friend to the community, commented
on their 20-year friendship, and expressed how he and his family represent what is best about
Newport Beach.
Councilmember Avery noted a 50-year relationship with Mr. Hayes, complimented him on being a
great neighbor, and congratulated Mr. Hayes.
Mr. Hayes thanked Council for the recognition, recognized his family, relayed positive experiences
in the City, and expressed his appreciation for the friendships he has with each councilmember.
• Proclamation Recognizing Sue Parks and the Orange County United Way
Mayor O'Neill read the proclamation and presented it to Sue Parks, President and CEO of Orange
County United Way.
Mayor Pro Tem Stapleton applauded Ms. Parks for her leadership, the work she has done with
United Way, and its impact on the community.
Ms. Parks thanked Council, recognized staff members and supporters in attendance, and provided
data and program initiatives.
V. PUBLIC COMMENTS
Mike Schubert, American Legion Newport Harbor Post 291, invited everyone to a 9/11 Ceremony on
September 11, 2024 from 12:00 - 4:00 p.m. at Veteran's Memorial Park.
Shaurya Mittal, Junior at Sage Hill High School, stated he was on the Mayor's Youth Council and
relayed his experience, expressed concern for consumer waste handling, and asked for Council's opinion
about providing signage at restaurants that explains how to dispose of containers. Mayor O'Neill
suggested that Mr. Mittal contact Public Works Director Webb to discuss the matter.
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VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Avery:
• Attended the Orange County Sanitation District meeting
Councilmember Grant:
• Acknowledged the Elks Lodge for its 9-11 Memorial Event held on September 8, 2024
Mayor Pro Tem Stapleton:
• Attended the 9/11 Memorial Event at the Elks Lodge
• Attended the Celebration of Life for Steve Bromberg
• Announced the Newport Beach Foundation's Summer Soiree and the launch of the Newport Beach
Fire Foundation on the Lido House rooftop on September 18, 2024
Mayor O'Neill:
• Expressed appreciation to the Project Adult Literacy Program at the library
• Attended the Elks Lodge 9/11 Memorial Event, and the Celebration of Life for Steve Bromberg
• Announced that Assemblywoman Diane Dixon will be hosting a bridge renaming in honor of Marian
Bergeson on September 13, 2024
• Announced an Active Shooters presentation on September 17,2024 from 6:00 to 8:00 p.m. in the
Civic Center Community Room hosted by himself and the Newport. Beach Police Department, and
also mentioned the Stop the Bleed program
• Announced the Ben Carlson Foundation "Ben Did Go Paddle 9.0" from Catalina to Newport Beach
starting September 14, 2024
VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider adopting an ordinance updating Chapter 5.46 (Regulation of Commercial Film
Production) to, among other things, protect residential zones from the impact of
commercial filming by prohibiting commercial filming on Sundays and federal holidays;
limiting the hours when commercial filming may occur to 7:00 a.m. to 7:00 p.m.; limiting
the duration of commercial filming permits to two consecutive days; and limiting the
number of commercial filming days to no more than 15 days, per calendar year, at a
specific site/location [Mayor O'Neill]
The City Council unanimously concurred to bring the item back at a future meeting.
VIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Councilmember Kleiman amended Item 9 to change the committee's name from the Human Capital and
Compensation Ad Hoc Committee to the Employee Compensation Philosophy Committee.
Jim Mosher questioned why Item 3 (Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash
by Brick -and -Mortar Businesses) is being considered and thought that the ordinance would add an
additional burden to current brick -and -mortar business models and increase security risks.
Additionally, he noted that Item 4 (Ordinance No. 2024-18: Approving a Development Agreement for
the Residences at 1600 Dove Street) would provide fewer affordable housing units by the developer and
subsequently impact the City's Regional Housing Needs Assessment (RHNA) goals.
IX. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 27, 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.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar
Businesses) to the Newport Beach Municipal Code
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. 2024-20,
An Ordinance of the City Council of the City of Newport Beach, California, Adding
Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar Businesses) to the Newport Beach
Municipal Code, and pass to second reading on September 24, 2024.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2024-18: Approving a Development Agreement for the Residences at
1600 Dove Street (PA2022-0297) (C-9225-2)
a) Find Addendum No. 9 to the 2006 General Plan Update Program Environmental Impact Report
and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative
Declaration prepared for the Residences at 1600 Dove Street Project (PA2022-0296) in
compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K-3, and adopted by the City Council on August 27, 2024, by Resolution
No. 2024-62; and
b) Conduct second reading and adopt Ordinance No. 2024-18; An Ordinance of the City Council of
the City of Newport Beach, California, Approving a Development Agreement for the Residences
at 1600 Dove Street Project Located at 1600 Dove Street (PA2022-0297).
Mayor O'Neill and Mayor Pro Tem Stapleton recused themselves on Item 4 due to their
membership in the Pacific Club which is in close proximity to the project.
Ordinance No. 2024-19: Amending Chapter 10.08 (Interference with Public Access),
Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070
(Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the
Newport Beach Municipal Code
a) Find the adoption of this ordinance 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) Conduct second reading and adopt Ordinance No. 2024-19, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Chapter 10.08 (Interference with Public
Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070
(Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport
Beach Municipal Code.
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2024-66: Medi-Cal Managed Care Rate Range Intergovernmental Transfer
(IGT) Program for Cost Recovery of Emergency Medical Services for Calendar Year 2023
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) Adopt Resolution No. 2024-66, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and
Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate
in the Rating Period of January 1, 2023 Through December 31, 2023 Medi-Cal Rate Range
Intergovernmental Transfer (IGT) Program;.
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c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding
Transfer of Public Funds with the California Department of Health Care Services (C-8085-3H);
d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement
Intergovernmental Transfer Rate Range Program Agreement with CalOptima (C-8085-2G); and
e) Approve Budget Amendment No. 25-014 appropriating $441,584 in increased expenditures in
Account No. 01040404-821008 (IGT) from the General Fund unappropriated fund balance and
increasing revenue estimates related to the Medi-Cal IGT Program by $1,110,112 in Account
No. 01040404-431246.
7. Resolution No. 2024-67: Supporting Proposition 36, the Homelessness, Drug Addiction,
and Theft Reduction Act
a Determine this action is exempt from the California Environmental Quality— A)
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. 2024-67, A Resolution of the City Council of the City of Newport Beach,
California, Supporting Proposition 36, the Homelessness, Drug Addiction and Theft Reduction
Act.
8. Resolution No. 2024-68: Accepting the Department of Homeland Security Operation
Stonegarden Grant Funds FY 2023 (C-9723-1)
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) Adopt Resolution No. 2024-68, A Resolution of the City Council of the City of Newport Beach,
California, Accepting the FY 2023 Operation Stonegarden Grant from the United States
Department of Homeland Security, administered by the County of Riverside, and Designating
the Chief of Police as the City's Authorized Agent to Execute Grant Documents;
c) Accept the Department of Homeland Security FY 2023 Operation Stonegarden grant award in -
the amount of $125,000 and authorize the Chief of Police to execute the grant agreement; and
d) Approve Budget Amendment No. 25-011 to increase expenditure appropriations by $95,000 in
the Detective Division Overtime account, 01035355-713002-G2520; and $30,000 in the Detective
Division Special Department Expense account, 01035355-841046-G2520.
9. Resolution No. 2024-69: Creating the Employee Compensation Philosophy 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 amended Resolution No. 2024-69, A Resolution of the City Council of the City of Newport
Beach, California, Creating the Employee Compensation Philosophy Committee.
CONTRACTS AND AGREEMENTS
10. Fiscal Year 2022-2023 Restroom Rehabilitation — Notice of Completion for Contract
No. 8905-2 (23F02)
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.
11. Approval of On -Call Maintenance Services Agreements for Water Well and Pump
Maintenance and Repair Services
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 the On -Call Maintenance/Repairs Services Agreement for Water Well and Pump
Maintenance with Best Drilling and Pump, Inc. (C-9729-1), for a five-year term and a total
not -to -exceed amount of $400,000, and authorize the Mayor and City Clerk to execute the
agreement; and
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c) Approve the On -Call Maintenance/Repairs Services Agreement for Water Well and Pump
Maintenance with General Pump Company, Inc. (C-8604-2), for a five-year term and a total
not -to -exceed amount of $400,000, and authorize the Mayor and City Clerk to execute the
agreement.
12. Fifth Amendment to Lease with Realm Group, LLC for Use of Suite 520 at 1201 Dove
Street (C-9017-6)
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has
no potential to have a significant effect on the environment; and
b) Authorize the City Manager and City Clerk to execute the Fifth Amendment to Lease between
the City of Newport Beach and Realm Group, LLC for use of City Property, office space
Suite 520 located at 1201 Dove Street, in a form substantially similar to the amendment
attached to the staff report.
MISCELLANEOUS
13. Planning Commission Agenda for the September 5, 2024 Meeting
Receive and file.
14. City Hall and Limited Off -Site Holiday Closure (Beginning Tuesday, December 24, 2024,
Through Wednesday, January 1, 2025)
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 closing City Hall and providing limited services at off -site facilities from Tuesday,
December 24, 2024, through Wednesday, January 1, 2025.
1.5. Dismissal of a Civil Service Board Member
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Dismiss Laura Cowie from the Civil Service Board.
Motion by Mayor Pro Tern Stapleton, seconded by Councilmember Kleiman, to approve the
Consent Calendar; and noting the amendments to Items 1 and 9, and the recusals by Mayor O'Neill and
Mayor Pro Tem Stapleton to Item 4.
The motion carried unanimously.
X. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Terry Moore, Trellis representative, thanked the City for the three years of grant funding and noted the
impact the program had on the community.
XII. PUBLIC HEARINGS
16. Community Development Block Grant Program Year 2023-24, Consolidated Annual
Performance and Evaluation Report
Mayor O'Neill opened the public hearing.
Jim Mosher inquired if the public comment letter received on the matter was addressed, questioned
the future spending plan, and asked how many homeless individuals BeWell contacted versus those
contacted from the general public who were in crisis.
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In response to Mr. Mosher's inquiry regarding future spending, Mayor O'Neill highlighted the table
and associated note found on page 16-2 of the staff report and received confirmation from Assistant
City Manager Jurjis and Real Property Administrator Whitlinger that the `Homeless Shelter:
Modifications to Shelter' and `San Miguel Park ADA Upgrades' will carry forward, which helps
explain the delta on the Capital Improvement Program.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Mayor O'Neill, seconded by Councilmember Avery, to a) find this activity exempt
from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly; b) approve the Program Year
2023-24 CAPER; and c) authorize the City Manager or her designee to submit the Program Year
2023-24 CAPER to HUD.
The motion carried unanimously.
17. Ordinance No. 2024-21: Amending Title 21 of the Newport Beach Municipal Code to
Update Density Bonus Regulations to Comply with State Law (PA2020-032) (C-8209-10)
Mayor O'Neill noted he read Mr. Mosher's comments, appreciated that a lighter municipal code will
result from the passing of the ordinance, and stated he agreed with him.
Mayor O'Neill opened the public hearing. There being no testimony, he closed the public
hearing.
Motion by Mayor O'Neill, seconded by Councilmember Blom, to a) find this project exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the general
rule that CEQA applies only to projects which have the potential to have a significant effect on the
environment; and b) waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2024-21, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Local Coastal Program Amendment No. LC2020-004, as Modified by the California Coastal
Commission, Amending Title 21(Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code Related to Density Bonuses Standards, to Comply with State Law (PA2020-032),
and pass to second reading on September 24, 2024.
The motion carried unanimously.
XIII. MOTION FOR RECONSIDERATION - None
XIV. ADJOURNMENT - Adjourned at 4:42 p.m. in memory of Ced Fields
The agenda and amended agenda were 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 September 5, 2024, at 4:00 p.m. and September 6, 2024 at 9:30 a.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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CITY ®F" NE' PORT BEACH
City Council Meeting Minutes
Special Meeting
September 10, 2024
I. ROLL CALL — 5:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
II. PUBLIC COMMENTS
Adam Leverenz commented on Item 4 on the regular meeting agenda (Approving a Development
Agreement for the Residences at 1600 Dove Street) and suggested that the park in -lieu fee be applied
to the development on an adjacent or adjoining property or on something within walking distance, and
expressed concern for the nearby residents and their proximity to parks in the surrounding area.
Regarding Item 3 on the regular meeting agenda (Acceptance of Cash by Brick -and -Mortar Businesses),
Mijanou Pham, resident and owner of Celebrity Cleaners Newport Beach, expressed concern for her
employees' safety with having money onsite, noted that the business went to a cashless system to
mitigate robberies, and hoped Council will vote against the proposal.
City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the
items listed on the Closed Session agenda and read the titles.
Mayor O'Neill recessed the meeting at 5.03 p.m.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 3 matters
State Farm General Insurance Company v. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01279624-CU-NP-NJC
Marshall Senk et al., v. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01297253-CU-PO-NJC
Marshall Senk et al., v. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC
Mayor O'Neill reconvened the meeting at 5.37p.m.
IV. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
VI. ADJOURNMENT — 5:37 p.m.
The special meeting 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 September 9, 2024, at 10:25 a.m.
or
Will O'Neill, Mayor
Leilani I. Brown,ICity Clerk
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