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Home My WebLink About04/11/2023 - Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Regular Meeting April 11, 2023 ROLL CALL - 4:00 p.m. Present: Mayor Noah Blom, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand Excused: Mayor Pro Tem Will O'Neill II. PUBLIC COMMENTS Jim Mosher suggested, for public transparency, that Council prepare a list of upcoming agenda items in the same manner as the Planning Commission. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the item listed on the Closed Session agenda and read the title. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9 (d)(4)): 1 matter IV. RECESSED - 4:03 p.m. V. RECONVENED AT 5:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Mayor Noah Blom, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand Excused: Mayor Pro Tem Will O'Neill VII. CLOSED SESSION REPORT Regarding Closed Session III.A, City Attorney Harp reported that a motion was made by Mayor Blom and seconded by Council Member Avery to initiate litigation against the State and the Santa Ana Regional Water Quality Control Board related to the Regional Board's December 2, 2022 decision to adopt an amendment to the Water Quality Control Plan for the Santa Ana River Basin that establishes a new limit for the amount of copper permissible in Newport Bay. All Council Members voted in favor of the motion, except for Mayor Pro Tem O'Neill who had an excused absence. VIII. INVOCATION - Sandra Brown, Spiritual Assembly of Baha'is of Newport Beach IX. PLEDGE OF ALLEGIANCE - Council Member Weigand X. PRESENTATIONS • DMV/Donate Life California Month Proclamation Mayor Blom read the proclamation and presented it to Rita Jackson, One Legacy Ambassador, who told the story of her daughter who, upon her death, donated organs to assist over 30 people. She thanked Council for helping increase awareness and extended an invitation for everyone to 1)�rticipnM in the I)rnitite l,ifc Volume 65 - Page 523 City of Newport Beach City Council Meeting April 11, 2023 • City of Hope OC Presentation Wealthy Villariasa, Director of Radiation Oncology at City of Hope Orange County Irvine Cancer Center, utilized a presentation to discuss his background, City of Hope's mission, the national reach and research map, points of distinction and focus areas, access to medical care, the Lennar Foundation Cancer Center, the Cancer Specialty Hospital project and opening, the cancer research and clinical network, and displayed a video. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Kleiman: • Announced the Aviation Committee meeting on April 17, 2023 Council Member Stapleton: • Attended Senator Janet Nguyen's Open House in Huntington Beach, a tour with the President of the Balboa Island Museum, Shirley Pepys, the Water Quality/Coastal Tidelands Committee meeting, and the Lido Isle Community Association meeting • Spoke to the Exchange Club of Newport Beach and reminded the public of the Field of Honor at Castaways Park during Memorial Week • Announced a Finance Committee meeting on April 13, 2023 Council Member Grant: • Utilized a slide to announce that the Friends of the Newport Beach Animal Shelter (FONBAS) was designated as the 2023 California Nonprofit of the Year for Orange County; the recognition ceremony will be held on June 7, 2023 at the State Capitol, and there will be a shelter tour for the public on June 17, 2023, from 11:00 a.m. to 3:00 p.m. • Announced Earth Day on April 22, 2023, and the Eastbluff community's Butterfly Garden grand opening (info@eastbluff.net to register to attend) Council Member Weigand: • Requested a future agenda item to consider amending the affordability level in the Newport Place Planned Community Development Standards from 30% to 15% • Attended the Community Alliance for Bike Safety meeting • Announced the dedication event of the Groundwater Replenishment System on April 14, 2023 Council Member Avery: • Announced his service on the Board of Advocates for the OASIS Senior Center and recognized the work of the volunteers • Attended an education seminar for Orange County Sanitation District Board Members and a tour of the sanitation plant off Pacific Coast Highway XIII. PUBLIC COMMENTS ON CONSENT CALENDAR — None XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 28, 2023 City Council Meeting [100-2023] 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 nnly. Volume 65 - Page 524 City of Newport Beach City Council Meeting April 11, 2023 RESOLUTIONS FOR ADOPTION 3. Resolution No. 2023-17: Amendments to the Records Retention Schedule [100-2023] 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; and b) Adopt Resolution No. 2023-17, A Resolution of the City Council of the City of Newport Beach, California, Amending Certain Sections of the Records Retention Schedule and Authorizing Destruction of Certain Records Accordingly. 4. Pulled from the Consent Calendar CONTRACTS AND AGREEMENTS 5. FY2022-23 Traffic Signal Rehabilitation Project — Award of Contract No. 9095-1 (23T01) [381100-20231 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 project plans and specifications; c) Award Contract No. 9095-1 to International Line Builders, Inc. dba ILB Electric for the bid price of $680,411, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $68,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 6. Slip Rental Agreement with Sailing Fascination to Berth at the Balboa Yacht Basin, Located at 829 Harbor Island Drive (C-5419-1) [381100-2023] 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) Authorize the City Manager and City Clerk to execute a 5-year Slip Rental Agreement by and between Sailing Fascination and the City of Newport Beach for use of Slip B-1 at the Balboa Yacht Basin, in a form substantially similar to the agreement prepared by the City Attorney; and c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the findings contained in the staff report and the Agreement, that charging less than fair market rent promotes the City's goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged, and based on the unique services provided by tenant, its board members are appointed through a process that ensures board members maintain the requisite experience and contributions to the tenant's operations. 7. Three Year Software License Agreement for Microsoft (C-8636-2) [381100-2023] 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; and b) Authorize the Mayor and City Clerk to execute a renewal Software License Agreement with Dell Inc. for a three-year period for all Microsoft products in the amount of $230,336.70 per year. MISCELLANEOUS 8. Planning Commission Agenda for the April 6, 2023 Meeting [100-20231 Receive and file. Volume 65 - Page 525 City of Newport Beach City Council Meeting April 11, 2023 9. Request to Appropriate Ackerman Funds for the Purchase of a New Projector for the Friends Meeting Room at the Central Library [100-2023] 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) Authorize the use of $32,533.05 from the Ackerman Fund; and c) Approve Budget Amendment No. 23-058 to increase expenditure appropriations by the same amount in account 83160-911024 for purchase and installation of a new projector for the Friends Meeting Room. Motion by Council Member Kleiman, seconded by Council Member Weigand, to approve the Consent Calendar, except the item removed (Item 4); and noting the amendments to Item 1. With Mayor Pro Tern O'Neill absent, the motion carried 6-0. XV. ITEM REMOVED FROM THE CONSENT CALENDAR 4. Resolution No. 2023-18: Extending the Expiration Date of the Ad Hoc Municipal Code and Council Policy Review Committee [241100-2023] Council Member Grant requested that the recommendations include direction to the Ad Hoc Municipal Code and Council Policy Review Committee to provide a report to Council every six months. Jim Mosher suggested that an annual policy review take place instead of limiting the action to excessive wordiness. Mayor Blom concurred with his suggestion. Motion by Council Member Grant, seconded by Council Member Avery, 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. 2023-18, A Resolution of the City Council of the City of Newport Beach, California, Extending the Expiration Date of the Ad Hoc Municipal Code and Council Policy Review Committee to June 30, 2024; c) confirm Mayor Noah Blom's appointment of Lauren Kleiman to the Ad Hoc Municipal Code and Council Policy Review Committee; d) direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks, Beaches and Recreation Commission, and the Planning Commission to each form an ad hoc committee for the purposes of reviewing the Municipal Code and City Council Policies within that particular body's area of expertise and submit back to the City Council by June 30, 2024 recommendations concerning (1) deleting or reducing language; and (2) the advisability of applying sunset provisions for new or existing Municipal Code provisions; and e) direct the Ad Hoc Municipal Code and Council Policy Review Committee to provide a report to the City Council every six months. With Mayor Pro Tern O'Neill absent, the motion carried 6-0. XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Craig Sheets utilized a presentation to express concerns about hotshot freight trains and drug distribution. John Tafoya of the Southwest Carpenters Union discussed the Tax Fraud Days of Action campaign and asked Council to stand with them, protect workers and law-abiding contractors, and hold criminal developers and contractors accountable. Jim Mosher expressed the opinion that the City's lobbyist registration requirement is being ignored and suggested that lobbyists be reminded of the requirement when staff or Council Members meet with a l��hlni�t. Volume 65 - Page 526 City of Newport Beach City Council Meeting April 11, 2023 XVII. CURRENT BUSINESS 10. Resolution No. 2023-19: Approving Side Letter Agreements with the Labor Groups Representing City Employees, Approving a Third Amendment to the Key and Management Compensation Plan, and Adopting New Salary Schedules (C-2051, C-2056, C-2058, C-2059, C-2060, C-2065, C-2932, C-2946, C-3362, C-7098-4, and C-8182-2) [38/100- 20231 Human Resources Director Salvini noted the City's recruitment and retention issues, reviewed the recommendation, pointed out that the advancement for executive employees is at the discretion of the City Manager, and highlighted amendments to the terms and conditions for the Police Chief, Mayor Blom thanked Human Resources Director Salvini and staff for their multifaceted effort and acknowledged the challenges with recruiting and retaining employees. Council Member Grant concurred with Mayor Blom and commended the process and hard work by staff to address the issues related to employee recruitment and retention. Council Member Avery indicated that staff is the City's greatest asset, highlighted his interactions with staff, agreed that the City should be in line with the best cities in the State, and relayed being in awe at the strength of the City which he attributes largely to City employees. Jim Mosher thought it was strange that the Police Chief will not be receiving an employment agreement with the City, stated he assumed one existed, and questioned the process for determining the salary steps for the Police Chief. He added that contracts for City Managers, Police Chiefs, and Department Directors are on other cities' websites. Mayor Blom noted that, if the City's goal is to be one of the best or the best city in California, it needs to invest in staff, expressed support for the recommendations, and commended the City's robust finances to make this happen. City Manager Leung clarified that the 5% step in the recommendation is intended to expand the salary range for employees who are moving up due to merit increases, performance evaluations, or years of service, and emphasized it is not an automatic 5% increase for all employees. Motion by Mayor Blom, seconded by Council Member Grant, 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. 2023-19, A Resolution of the City Council of the City of Newport Beach, California, Approving Side Letter Agreements with the Labor Groups Representing City Employees, Approving a Third Amendment to the Key and Management Compensation Plan, and Adopting New Salary Schedules. With Mayor Pro Tem O'Neill absent, the motion carried 6-0. XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 5:50 p.m. The agenda was posted on the City's website and o e City H electr nic bulletin board located in the entrance of the City Counci hambers 100 Civ' Center Drive on April 6, 2023, at 4:00 p.m. �� Mayor Leilani I. Brdwn, City Clerk \ �(, IZ17o Volume 65 - Page 527