HomeMy WebLinkAbout01 - MinutesJanuary 10, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Regular Meeting
December 13, 2022
I. CONVENED AT 4:00 P.M.
II. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Will O'Neill
City Clerk Brown announced that Council Member Dixon resigned from her Council seat in order to
take her seat on the State Assembly, 72nd District.
III. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James Episcopal Church
IV. PLEDGE OF ALLEGIANCE — Mayor Muldoon
V. NOTICE TO THE PUBLIC
VI. PUBLIC COMMENTS
Rose asked Council to vote yes on condemning the Islamic epublic of Iran regime.
Tannaz asked Council to vote yes on condemning the government of Iran, advocate for the expulsion of
diplomats and agents affiliated with the regime, and urge government officials to take action.
Shireen relayed her blessin ivin in th0 United States and discussed the violent behavior of the
Islamic Republic of Iran regi
Farah Hussein relayedher experiences as an Iranian woman.
An unidentified spekkV discussed Islamic prisoners, the threat of terrorism, and asked Council to
condemn the Islamic Republic of Iran.
Hengameh "Henny" Abraham asked Council to stand up for the people of Iran by supporting justice and
human rights.
Devin Dwyer, Newport Beach Donut Rowing Club, thanked Council Member Duffield for his service.
Farhad Mafie asked Council to consider the symbolic gesture of supporting a resolution that condemns
the Islamic Republic of Iran regime and expressed concern relative to radical Islam.
Noosha expressed the opinion that a no vote by Council supports dictatorship and stated the issue is a
matter of humanity.
VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
• Proclamation to Police Chief Jon Lewis
Mayor Muldoon read the proclamation and presented it to Police Chief Lewis who expressed his
gratitude for serving with the men and women of the Newport Beach Police Department and
thanked Council for the recognition.
Mayor Muldoon:
• Utilized a slide to announce Operation Christmas
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VIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider adopting a resolution declaring that the Newport Beach City Council stands in
solidarity with the women, men and children of Iran and our Iranian -American
population who have been impacted by the human rights injustices in that country
[Brenner]
Council unanimously concurred to bring the matter back at a future meeting.
IX. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XI. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 29, 2022 City CouAl Regular Meeting [I00-20221
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances k
Waive reading in full of all ordinances un #eronsideration and direct the City Clerk to read by title
only.
ORDINANCE FOR ADOPTION 14W*
3. Ordinance No. 2022-28: Local Coastal Program Amendment to Allow the Transfer of
Development Rights in the Coastal Zone (PA2019-154) [100-20221
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and
15378. The I proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2022-28, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2019-003 as Modified by the California Coastal Commission Amending Title 21 (Local
Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to
Transfer of Development Rights (PA2019-154).
RESOLUTION FOR ADOPTION
4. Resolution No. 2022-93: Approval of Revised City Council Policy F-14 [I00-20221
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 Resolution No. 2022-93, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Revised City Council Policy F-14 `Authority to Contract."
CONTRACTS AND AGREEMENTS
5. Civic Center Dog Park Refurbishment (Project No. 22P12) - Notice of Completion for
Contract No. 8717-1 [381100-20221
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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
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6. Award of Maintenance and Repair Service Agreement to Global Power Group, Inc. for
City Generators (C-8742-2) [381100-20221
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 Maintenance and Repair Service Agreement with Global Power Group, Inc., for
City generators, for a three-year term with a total contract compensation amount of $300,000,
and authorize the Mayor and City Clerk to execute the Agreement.
7. Single Source Purchase Order and Budget Amendment Approval for Liquid Sodium
Hypochlorite [100-20221
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) Authorize a single source purchase order to Olin Corporation up to $140,000 for the purchase of
liquid sodium hypochlorite; and
c) Approve Budget Amendment No. 23-041 appropriating $140,000 in increased expenditures in
Account No. 7019052-841018 and transferring funds from the Water Enterprise Fund
unappropriated fund balance for the purchase of liquid sodium hypochlorite.
8. Assessment District No. 111 and Underground Utilities District No. 22 Phases 2 & 3,
Contract No. 7833-1 (21A11) -quest for Additional Contingency and Approval of
Budget Amendment [381100-20221
a) On November 10, 2015 the City Council deemed this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302 (d) (conversion of
overhead electrical utility distribution lines where the surface is restored to the condition
existing prior to the undergrounding) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it will not have an adverse effect on the environment. The
exemption was posted and recorded at the County of Orange on November 20, 2015;
b) Authorize s�aff to proceed with the additional work and increase project contingency from
$1,742,000 approximately 25 percent of the contract award of $6,969,777.79) to $3,500,000
(approximately 50 percent of the contract award) to cover the additional cost of requested
additional work; and
c) Approve Budget Amendment No. 23-042 recognizing $2,504,229.75 in contribution revenue
funding from multiple utility companies in Account No. 13501-561007-21A11 and appropriating
$2,504,229.75 in increased expenditures in Account No. 13501-980000-21A11.
Regarding Item 8, Mayor Muldoon recused himself due to potential business interest
conflicts, Mayor Pro Tem Blom recused himself due to real property interest conflicts, and
City Clerk Brown recused herself due to real property interest conflicts.
9. Award of Professional Services Contract to Chandler Asset Management for Investment
Advisor Services (C-8454-3) [381100-20221
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 five-year Professional Services Agreement with Chandler Asset Management for
investment advisor services for the five-year period ending December 31, 2027, and a total not
to exceed amount of $750,000; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
10. Approval of Amendment No. One to Professional Services Agreement with Anchor QEA,
LLC for Regional General Permit (RGP-54) Sediment Suitability Characterization
(C-8896-1) [381100-20221
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;
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b) Approve Budget Amendment No. 23-043 appropriating $581,553 in increased expenditures in
Account No. 10101-980000-22H07 (Tidelands Capital Harborwide Dredging/Planning) from the
unappropriated Tidelands Capital fund balance; and
c) Approve Amendment No. One to Professional Services Agreement with Anchor QEA, LLC for
Regional General Permit Sediment Suitability Characterization to increase the total
not -to -exceed amount by $257,000 for a total not -to -exceed amount of $581,553, and authorize
the Mayor and City Clerk to execute the amendment.
MISCELLANEOUS
11. Confirmation of Appointments to the Ad Hoc Citizens' Residential Crime and Burglary
Advisory Committee [241100-20221
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 Kevin Muldoon's appointments of Amy Waunch, Lee Pearl and William Hartford
to the Committee.
and noting the recusals by Mayor Muldoon
to Item 1.
The motion carried unanimously.
Iuldoon, to approve the Consent Calendar;
Tem Blom to Item 8, and the amendments
XI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XII. CITY COUNCIL REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:38 P.M.
XIII. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION - None
XIV. CITY COUNCIL REORGANIZATION
PRESENTATIONS
• Presentation of Gavel Plaque to Outgoing Mayor Kevin Muldoon and Remarks by Mayor
Muldoon
Mayor Pro Tem Blom presented Mayor Muldoon with a gavel plaque in recognition of his service as
Mayor during 2022.
• Presentations to Outgoing Council Members and Remarks by Outgoing Council Members
Council Member Avery thanked Council Member Duffield for his 18 years of service to the City —
eight years on the City Council and ten years on the Harbor Commission, and presented him with
a commemorative clock.
Council Member O'Neill thanked Mayor Muldoon for his service to the City, noted his grounded
philosophy during his eight years of service, listed City achievements under his leadership, and
presented him with a commemorative clock.
Council Member Avery thanked Council Member Brenner for her service while on Council, work
with the Corona del Mar Library, efforts to establish the Corona del Mar Residents Association,
support of the animal shelter, time on the Parks, Beaches and Recreation Commission, and constant
devotion to the needs of the Corona del Mar residents, and presented her with a commemorative
clock.
Sonia Terwiske, representing Congresswoman Michelle Steel, read the Certificates of Recognition
and presented them to Mayor Muldoon, Council Member Brenner, and Council Member Duffield.
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Council Member Duffield thanked his friends and family for their support.
Council Member Brenner thanked Council Member Duffield and Mayor Muldoon, expressed
gratitude for the privilege to serve the City, encouraged civic engagement, and thanked the
community.
Mayor Muldoon stated it was an honor of a lifetime to work for the community, expressed his
appreciation for the gratitude shown to him and his family, relayed pride in many City
accomplishments, thanked past and present Council Members, staff, his family, and the residents
of the City, and wished everyone a Merry Christmas.
CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS
12. Resolution No. 2022-94: Certification of General Municipal Election Results [391100-20221
City Clerk Brown provided a report and announced that the City's voter turnout was over 65%.
Motion by Council Member O'Neill, seconded by Mayor Pro Tem Blom, 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) adopt Resolution No. 2020-94, A Resolution
of the City Council of the City of Newport Beach, California, Reciting the Facts of the General
Municipal Election held on Tuesd ember, 2022, and Declaring the Result and Such Other
Matters as Provided by Law.
The motion carried unanimo
Mayor Muldoon, Council Member Brenner, and Council Member Duffield left the dais.
f
REORGANIZATIO
13. Administration o Oath of Office [391100-20221
City Clerk Brown card newly elected Council Member Robyn Grant forward. Newport Beach
Chamber of Commerce President, former Mayor, and her brother, Steve Rosansky, administered
the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certificate
of Election to Council Member Grant.
City Clerk Brown called newly elected Council Member Lauren Kleiman forward. City Clerk Brown
administered the Oath of Office prescribed in the State Constitution and presented a Certificate of
Election to Council Member Kleiman.
City Clerk Brown called newly elected Council Member Joe Stapleton forward. The Honorable
Steven D. Bromberg, Judge of the Superior Court of the State of California, and former Mayor,
administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown
presented a Certificate of Election to Council Member Stapleton.
City Clerk Brown called newly elected Council Member Erik Weigand forward. His wife and
Newport -Mesa School District Trustee Krista Weigand administered the Oath of Office prescribed
in the State Constitution, and City Clerk Brown presented a Certificate of Election to Council
Member Weigand.
14. Election of Mayor
City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Council Member Kleiman nominated Council Member Blom for the position of Mayor.
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City Council Meeting
December 13, 2022
Motion by Council Member O'Neill, seconded by Council Member Avery, to close
nominations.
The motion carried unanimously.
Council Member Blom was selected unanimously as the Mayor of the City of Newport Beach for
2022-2023 and took his place at the Council dais.
15. Election of Mayor Pro Tem
Mayor Blom, in presiding, placed all members of the City Council on an equal basis to nominate and
elect.
Council Member Stapleton nominated Council Member O'Neill for the position of Mayor Pro Tem.
Motion by Council Member Kleiman, seconded by Council Member Stapleton, to close
nominations.
The motion carried unanimously.
Council Member O'Neill was selected unanimously as the Mayor Pro Tem of the City of Newport
Beach for 2022-2023 and took his place at the Council dais.
16. Seating Arrangements for City funcil IF
r
Council Members decided on the seating arrangement for the Council dais pursuant to City Council
Policy A-1. The following seating order was determined (left to right):
Erik Weigand - Brad Avery Will O'Neill - Noah Blom - Robyn Grant - Joe Stapleton -
Lauren Kleiman ,
17. Remarks 04
Elected Council MemWRemarks:
Council Member Grant expressed her gratitude for being elected to the City Council, thanked her
supporters, relayed her top priority of being accountable to the residents and providing transparency
and independent leadership, and shared her excitement for the next four years.
Council Member Kleiman thanked Joy Brenner for her support of District 6, as well as Council
Member Duffield and Mayor Muldoon for their years of service. She expressed humility in receiving
the trust of the voters in representing the City, stated she is grateful to her supporters and husband,
hoped to be setting a good example for her son, and expressed excitement for working with Council
and staff to leave the City better than how they found it.
Council Member Stapleton expressed honor in continuing the legacy of protecting the City's quality
of life, thanked the people of the City for their trust, and thanked previous members of the City
Council, Judge Bromberg, his family, and the campaign team. He recognized an engaged and
committed community and was humbled, blessed, and excited to move forward.
Council Member Weigand stated that serving on the City Council is an honor of a lifetime, thanked
his wife, looked forward to the opportunity to shape his children as a parent and policy maker,
recognized his mom, friends, in-laws, and campaign supporters, thanked current and outgoing
Council Members for their service and support during his candidacy, looked forward to serving with
the current Council, acknowledged candidates not elected for their passion and desire to serve the
City, promised to work hard and serve ethically and honorably, and relayed his goal of being a
consensus builder and consistent leader.
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New Mayor Remarks:
Mayor Blom acknowledged the shared passion of the incoming Council Members and his pride in
serving with past members of Council, noted the opportunity for new perspectives, a caring attitude,
and inspired passion, thanked all members of Council, and stated he is looking forward to serving
the City together.
XV. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XVI. CONSENT CALENDAR
RESOLUTION FOR ADOPTION
18. Resolution No. 2022-95: Setting City Council Regular Meeting Dates for Calendar Year
2023 [100-20221
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 Resolution No. 2022-95, A Resol ' 4e of the City Council of the City of Newport Beach,
California, Setting the Time and Date I&YACoulk
l Regular Meetings for Calendar Year 2023.
MISCELLANEOUS
29. Designation of City's Represe
54957.6(A):
California Government Code Section
Designate Mayor Blom and Mayor PW Tem O'Neill as the City's designated representative for
purposes of labor negotiations with all unrepresented employees within the Key and Management
Group including, but not limited to, the City Manager, City Attorney and City Clerk, pursuant to
California GoveVment Code Section 54957.6(a).
Motion by Council Member O'Neill, seconded by Council Member Grant, to approve the
Consent Calendar. _
The motion carried unanimously.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - Adjourned at 5:33 p.m. in memory of Kenneth R. Weigand
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 December 8, 2022, at 4:00 p.m., and December 12, 2022 at 9:15 a.m.,
respectively.
Leilani I. Brown
City Clerk
Noah Blom
Mayor
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