HomeMy WebLinkAbout2024-17 - Creating the Destination Marketing Services Ad Hoc CommitteeRESOLUTION NO. 2024-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CREATING THE
DESTINATION MARKETING SERVICES AD HOC
COMMITTEE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, on May 12, 2004, the City entered into an agreement with Visit
Newport Beach Inc., a California nonprofit corporation ("VNB"), for tourism promotion,
branding, and marketing services ("Original Agreement"), pursuant to which, VNB would
receive a portion of the City's transient occupancy tax ("TOT") to fund marking efforts for
the promotion of tourism within the City;
WHEREAS, on March 10, 2009, the parties amended the Original Agreement to
extend the term and clarify the taxes that comprise TOT under the Original Agreement;
WHEREAS, on September 27, 2011, the parties terminated the Original
Agreement, as amended, and entered into a new agreement for tourism promotion,
branding, and marketing services ("Agreement"), pursuant to which, VNB would receive
eighteen percent (18%) of the annual total TOT collected by the City to fund marking
efforts for the promotion of tourism within the City;
WHEREAS, on January 28, 2014, the parties entered into Amendment No. One
to the Agreement, which, in part, extended the term of the Agreement to December 31,
2024;
WHEREAS, the Agreement, as amended, includes unique terms and conditions,
including but not limited to, a City appointed board member to the VNB Executive
Committee, designation of the City Manager as an ex-officio non -voting member of VNB's
Board of Directors, a marketing plan and budget submitted for review to the City Council,
annual reporting and audit obligations, compliance reviews, and the adoption of policies
and procedures for transparency and contracting in line with public agency requirements;
WHEREAS, the Agreement, as amended, will expire on December 31, 2024;
Resolution No. 2024-17
Page 2 of 3
WHEREAS, at the February 27, 2024, City Council Meeting, the City Council
approved placing an item on a future agenda regarding the formation of an ad hoc
committee to review and negotiate the terms of the City's destination marketing services,
including details of the scope of work related thereto; and
WHEREAS, the City Council desires to create an Ad Hoc Committee to review
and negotiate the City's destination marketing services, including details of the scope of
work related thereto.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby creates the Destination Marketing Services
Ad Hoc Committee ("Committee") which shall be comprised of three (3) Council Members
appointed by the Mayor and confirmed by the City Council.
Section 2: The sole purpose and responsibility of the Committee shall be to
review and negotiate the terms and conditions, including but not limited to, the details of
the scope of work, of the City's destination marketing services and make
recommendations to the entire City Council related thereto.
Section 3: The Committee shall be advisory and shall expire upon the making
of a recommendation to the City Council, or December 31, 2024, whichever occurs
earlier, unless terminated sooner by action of the City Council.
Section 4: The Committee shall not be subject to the Brown Act; however, the
recommendation of the Committee to the City Council shall be considered at a meeting
of the entire City Council noticed in accordance with California Government Code Section
54950 et seq.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2024-17
Page 3of3
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 7: The City Council finds the adoption of this resolution is not subject to
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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 8: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of March, 2024.
Will 6146ill
Mayor
ATTEST:
Aft�4
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CI74CI-1
TTORNEY'S OFF (� CITY
10
Aaron C. Harp
City Attorney
ORDINANCE NO. 2024-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
10.75 (PROHIBITION OF THE SALE AND DISTRIBUTION
OF KRATOM) TO TITLE 10 (OFFENSES AND
NUISANCES) OF THE NEWPORT BEACH MUNICIPAL
CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the U.S. Drug Enforcement Administration ("DEA") has stated that
consumption of kratom produces both stimulant effects (in low doses) and sedative
effects (in high doses), and can lead to psychotic symptoms, psychological and
physiological dependence, addiction, hallucinations, delusion, confusion, nausea,
itching, sweating, dry mouth, constipation, increased urination, loss of appetite,
anorexia, weight loss, and insomnia, and has labeled kratom a Drug of Concern;
WHEREAS, the U.S. Food and Drug Administration ("FDA") has stated that an
estimated 1.7 million Americans used kratom in 2021, often to self -treat conditions
without medical supervision, despite FDA warnings that kratom is not appropriate for
use as a dietary supplement, and has been found to be associated with serious health
risks including, but not limited to, seizures, liver toxicity, physical dependence,
substance abuse disorder, and neonatal abstinence syndrome in which newborns
exposed to kratom prior to birth experienced withdrawal signs such as jitteriness,
irritability, and muscle stiffness, and even death;
WHEREAS, the FDA has not approved any prescription or over-the-counter
drug products containing kratom or its two main chemical components, mitragynine and
7-hydroxymitragynine;
WHEREAS, on April 12, 2019, the U.S. Center for Disease Control and
Prevention ("CDC") published a report, "Notes from the Field: Unintentional Drug
Overdose Deaths with Kratom Detected - 27 States, July 2016 - December 2017,"
which states that: (1) kratom use has recently increased in the United States where it is
usually marketed as a dietary or herbal supplement; (2) studies suggest that kratom has
Ordinance No. 2024-5
Page 2 of 5
the potential for creating user dependence and abuse; and (3) reports have
documented several overdose deaths involving kratom;
WHEREAS, kratom products are not federally regulated in the United States
and are not subject to government -mandated safety checks, resulting in a lack of
oversight and accepted safety standards for use, regulation of ingredients, purity levels,
and dosage;
WHEREAS, states, local governments, and municipalities have prohibited the
sale or possession of kratom within their respective jurisdictions, including but not
limited to, the states of Alabama, Arkansas, Indiana, Rhode Island, Vermont, and
Wisconsin; and
WHEREAS, in the interest of the health, welfare, and safety of the people of the
City of Newport Beach, the City Council desires to prohibit the sale and distribution of
any product containing kratom within the jurisdictional boundaries of the City.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The Table of Contents for Title 10 (Offenses and Nuisances) of the
Newport Beach Municipal Code is hereby amended to read as follows:
Title 10
OFFENSES AND NUISANCES
Chapters:
10.04
Intoxicating Liquor
10.06
Human Waste
10.08
Interference With Public Access
10.12
Interfering With Law Enforcement
10.14
Prohibition Against Camping in Public Places
10.16
Gambling
10.24
Discharge of Weapons
10.26
Community Noise Control
10.28
Loud and Unreasonable Noise
10.32
Sound -Amplifying Equipment
10.36
Minor's Curfew
10.48
Weed and Rubbish Abatement
10.50
Public Nuisance Abatement
10.52
Abandoned or Wrecked Vehicles
10.54
Public Nudity
Ordinance No. 2024-5
Page 3of5
10.58 Police Services at Large Parties, Gatherings or Events on Private
Property
10.59 Graffiti
10.60 Regulation of Display of Material, Which is Harmful to Minors, in a
Public Place
10.64 Construction and Maintenance Projects in Residential Districts
10.66 Loud and Unruly Gatherings
10.68 Targeted Residential Picketing
10.70 Cannabis Regulations
10.75 Prohibition of the Sale and Distribution of Kratom
Section 2: Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) is
hereby added to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal
Code to read as follows:
Chapter 10. 75
Prohibition of the Sale and Distribution of Kratom
Sections:
10.75.010 Definitions.
10.75.020 Sale and Distribution of Kratom Prohibited.
10.75.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section:
"Distribute" means to furnish, give away, exchange, transfer, deliver or supply,
whether or not for monetary gain.
"Kratom product" means the leaf of the plant Mitragyna speciosa or any food
product, food ingredient, dietary ingredient, dietary supplement, or beverage intended
for human consumption that contains any part of the leaf of the plant Mitragyna
speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such
plant or its leaf including, but not limited to, any powder, capsule, pill, beverage, or other
edible product intended for human consumption.
"Leaf' means any or all parts of the leaf of the plant Mitragyna speciosa that
contains mitragynine or 7-hydroxymitragynine.
Ordinance No. 2024-5
Page 4 of 5
"Sell" or "sale" means to furnish, exchange, transfer, deliver, or supply for
monetary gain.
10.75.020 Sale and Distribution of Kratom Prohibited.
It is unlawful to sell, advertise for sale, offer for sale, or distribute, directly or
indirectly, any kratom product in the City.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of this
ordinance is not subject to 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 6: Except as expressly modified in this ordinance, all other sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
Ordinance No. 2024-5
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27th day of February, 2024, and adopted on the 12th day
of March, 2024, by the following vote, to -wit:
AYES
NAYS:
Mayor O'Neill,
Councilmember
Weigand.
ABSENT:
Mayor Pro Tern Stapleton, Councilmember Bloom,
Grant, Councilmember Kleiman, and Councilmember
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-17 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of March, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Erik Weigand
NAYS: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of March, 2024.
Aliy� ��- I
Leilani I. Brown
City Clerk
Newport Beach, California