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HomeMy WebLinkAbout01/14/2025 - Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Regular Meeting January 14, 2025 I. ROLL CALL — 4:00 p.m. Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik Weigand II. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS Adam Leverenz asked if Closed Session Item III.0 is being handled by outside counsel and about negotiations, and requested clarification on the matter. Jim Mosher suggested the City Council provide an update regarding the City's fire preparedness and provided suggestions on how to enhance the transparency of closed sessions. He questioned why claims presented to the City Council are not included on the agenda. City Attorney Harp reported that he and City Manager Leung would be recusing themselves from Closed Session Item III.C. III. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.): 1 matter Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 1,105 square feet). City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren 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. C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters Volume 66 - Page 241 City of Newport Beach January 14, 2025 John Doe S.C. v. City of Newport Beach et al. Orange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC Barbara Salvini v. City of Newport Beach Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC IV. RECESSED — 4:06 p.m. V. RECONVENED AT 5:31 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber, Councilmember Erik Weigand VII. CLOSED SESSION REPORT City Attorney Harp announced that the City Council will be continuing Closed Session Items III.A through III.0 to the end of the meeting. VIII. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene IX. PLEDGE OF ALLEGIANCE — Webelos Pack 108 X. PRESENTATION • History of Lower Castaways by Bill Lobdell Bill Lobdell utilized a presentation to share how Newport Beach was established as a port by showing various maps of the Bay's formation over time. Additionally, he highlighted the history of Captain Samuel Dunnells' discovery of the "new port" in 1870, showed an illustration of the Newport Landing circa 1880, and a photo of Upper Castaways circa 1890. A narrated video was played that outlined the nine lives of the Castaways area and additional photos were presented of the West Newport saltwater pool that ran from 26th Street to 38th Street, closed in 1940, and was turned into 38th Street Park. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Without objection, Mayor Stapleton asked for an update on the City's fire preparedness. Fire Chief Boyles and Fire Marshal Gillespie provided an overview on the City's wildfire preparedness response and water system capabilities. Utilities Director Vukojevic utilized a presentation to highlight Newport Beach's water sources, reservoir system, water redundancies, and water production division staff. Councilmember Grant expressed appreciation for staffs work on the matter. Councilmember Weigand: • Reported that the Newport Beach Police Department (NBPD) sent units to help with public safety issues in Los Angeles Volume 66 - Page 242 City of Newport Beach January 14, 2025 Councilmember Barto: • Thanked first responders and Public Works staff for their hard work • Attended the Water Quality/Coastal Tidelands Committee meeting Councilmember Grant: • Attended the King's Cove WellsSpace Grand Opening at Corona del Mar High School • Utilized slides to provide updates on how the Newport Beach Animal Shelter is assisting during the California fires and advised the public about a recent fraudulent phishing text message for unpaid toll fees Councilmember Weber: • Extended congratulations to participants of the NBPD motor officer test Mayor Pro Tem Kleiman: • Extended gratitude to the firefighters and continued prayers for the fire victims and their families • At the request of Mayor Pro Tem Kleiman, City Manager Leung provided an update regarding the Police Chief recruitment Mayor Stapleton: • Discussed the RH ribbon cutting ceremony and grand opening at Fashion Island • Extended congratulations on the 116th Annual Christmas Boat Parade • Announced a community fair to welcome people affected by the California fires on January 25, 2025, at 9:00 a.m., at the OASIS Senior Center XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Mayor Stapleton presented before and after pictures of the 38th Street and Lake Avenue Landscape Improvement Project (Item 10) and extended congratulations to staff for a great job on the harbor dredging matter (Item 14). Adam Leverenz advocated for avoiding impropriety and the appearance of it (Item 3) and for a level of service in the civil service sector (Item 5). Jim Mosher thought it was limiting to allow for two applications when more than 20 were submitted to fill an unscheduled vacancy on the Parks, Beaches and Recreation Commission (Item 16). Additionally, he urged the Council Policy Review Ad Hoc Committee to carefully review and consider each Council Policy (Item 6) and not bring back all the revisions at one time. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the December 10, 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. RESOLUTIONS FOR ADOPTION 3. Resolution No. 2025-1: Updating the List of Designated Employees for 2024 Under the City's Conflict of Interest 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 Volume 66 - Page 243 City of Newport Beach January 14, 2025 12. Approval of Maintenance and Repair Services Agreements with EverFence Corporation (C-9815-1) and Red Hawk Services, Inc. for On -Call Fencing (C-7178-3) 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; b) Approve a Maintenance and Repair Services Agreement with EverFence Corporation for a five-year term and total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve a Maintenance and Repair Services Agreement with Red Hawk Services, Inc. for a five-year term and total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreement. 13. Amendment No. Two to Professional Services Agreement for The Code Group dba VCA Code for Building Safety Related Services (C-8507-1A) 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 and authorize the Mayor and City Clerk to execute Amendment No. Two to Professional Services Agreement with The Code Group, for Staff Augmentation and Plan Review Services to increase the contract amount by $250,000, for a not -to -exceed amount of $1,270,000. 14. Memorandum of Agreement with the City of Long Beach Acting By and Through the Port of Long Beach Board of Harbor Commissioners Authorizing Disposal of Lower Bay Dredged Material Into the Port's Pier G Slip Fill Project (C-9816-1) a) Find that, pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, the certified Environmental Impact Report for the Piers G and J Terminal Redevelopment (SCH No. 2000-021021) addressed all environmental impacts associated with the City of Newport Beach entering into this Memorandum of Agreement, that there are no new or more severe impacts beyond those analyzed in that document, and, as a result, no further environmental review is required by CEQA; b) Approve and execute the Memorandum of Agreement with the City of Long Beach acting by and through the Port of Long Beach Board of Harbor Commissioners authorizing disposal of Lower Bay dredged material into the Port's Pier G Slip Fill Project; and c) Authorize the City Manager or her designee to execute any future amendments or agreements with the City of Long Beach acting by and through the Port of Long Beach Board of Harbor Commissioners as related to the disposal of Lower Bay dredged material to ensure the City of Newport Beach meets the strict delivery schedule imposed by the Port. MISCELLANEOUS 15. Planning Commission Agenda for the January 9, 2025 Meeting Receive and file. 16. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks, Beaches and Recreation Commission 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) Confirm nominations of Kelly Denner and Travis Pirdy to fill the vacancy on the Parks, Beaches and Recreation Commission. 17. Confirmation of Mayor Joe Stapleton's Appointments 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) Confirm Mayor Joe Stapleton's appointments under City Council Policy A-2, as provided in the staff report. Volume 66 - Page 245 City of Newport Beach January 14, 2025 18. Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025 (C-5635-3) 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 the City of Newport Beach's voluntary participation in the Public Provider GEMT Intergovernmental Transfer program per AB 1705 for Calendar Year 2025, and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Forms and pay all necessary invoices. Motion by Mayor.Pro Tem Kleiman, seconded by Councilmember Weigand, to approve the Consent Calendar, except the item removed (Item 4); and noting the amendment to Item 1. The motion carried unanimously. X-V. ITEM REMOVED FROM THE CONSENT CALENDAR 4. Resolution Nos. 2025-2 and 2025-3: Amending the General Plan Advisory Committee (GPAC) and the General Plan Update Steering Committee (GPUSC) In response to Councilmember Grant's questions and concerns, Assistant City Manager Jurjis and Planning Manager Zdeba reviewed the appointment process, noted an opportunity for the current members to continue their service, discussed GPAC membership, and noted it is Council's discretion to amend the terms of the committees. In response to Mayor Stapleton's question, Assistant City Manager Jurjis noted that both committees will sunset once the General Plan is complete, which is scheduled for the end of the year. Councilmember Grant expressed concern for the costibenefits related to conducting annual appointments. Councilmember Blom thought new members can add input and expertise to GPAC and thanked staff for an amazing job working with the committees. Jim Mosher, GPAC member but speaking as an individual, noted that GPAC has been working for one year, expressed concerns about new appointments and changing members so close to the end of the process, and recommended continuing with the current members. Adam Leverenz thought an annual membership renewal could be problematic. Virginia Anders-Ellmore relayed that the members of GPAC are dedicated and knowledgeable and expressed concern for changing the members. Motion by Councilmember Blom, seconded by Councilmember Weber, 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; b) adopt Resolution No. 2025-2, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Advisory Committee to Update the Membership and Provide for Annual Appointment of Members at the First City Council Meeting Held in February; and c) adopt Resolution No. 2025-3, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Update Steering Committee's Term of Membership, Responsibilities and Provide for the Annual Appointment of Members at the First City Council Meeting Held in February. With Councilmember Grant voting "no," the motion carried 6-1. Volume 66 - Page 246 City of Newport Beach January 14, 2025 ,Wl. PUBLIC COMMENTS ON NON AGENDA ITEMS An unidentified speaker thought the City's online disaster preparedness plan is out of date, suggested developing a simpler but more detailed plan, and suggested involving the public when updating the plan. Brian Bowis, Newport Beach Fire Department Foundation (NBFDF), expressed his appreciation to the Fire Department and first responders, discussed the purpose and function of the Foundation (www.nbfdfoundation.org), and noted that Elon Musk delivered Starlink devices in Los Angeles for improved cell phone service for first responders. Anne Stenton, Newport Mooring Association, extended a Happy New Year to Council and expressed excitement to collaborate with the City. XVII. MOTION FOR RECONSIDERATION — None Alfayor Stapleton recessed the meeting beach to Closed Session at 6:40 p.m. III. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.): 1 matter Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 1,105 square feet). City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren 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. C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters John Doe S.C. v. City of Newport Beach et al. Orange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC Barbara Salvini v. City of Newport Beach Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC Volume 66 - Page 247 City of Newport Beach January 14, 2025 Mayor Stapleton reconvened the meeting at 8:09 p.m. and Assistant City Attorney Summerhill announced that no reportable actions were taken. XVIII. ADJOURNMENT - 8:09 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, Newport Beach, on January 9, 2025, at 4:00 p.m. Leilani I. Brown City Clerk F .%V Volume 66 - Page 248