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HomeMy WebLinkAbout01 - Minutes - AmendedMarch 12, 2024 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting February 27, 2024 I. ROLL CALL — 4:00 p.m. Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom (arrived at 4:04 p.m.), Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Proclamation Recognizing Shirley Pepys Mayor O'Neill stated that Mayor Pro Tem Stapleton and Councilmember Avery nominated Shirley Pepys for the recognition and read the proclamation to recognize her as a helper of education, philanthropy, community, and historic preservation. Ms. Pepys expressed her appreciation for the recognition, indicated there are 300,000 visitors to the Balboa Island Museum, and thanked the Argyros family for their generosity. Councilmember Avery noted the importance of keepirfg an eye on the history of the City and thanked Ms. Pepys for creating the Balboa Island Museum. Dennis Bress thanked Council for making the City the best it can be and noted the legacy created in the Balboa Island Museum. SS3. Review of the City's Membership in the League of California Cities (Cal Cities) r Mayor O'Neill noted that the legislative positions of Cal Cities counter the City's positions, specifically related to Proposition 1 and the Taxpayer Protection Act. He discussed Assembly Constitutional Amendment 13 (ACA 13) and relayed that Cal Cities' number one goal is to defeat the Taxpayer Protection Act and noted the money spent on these efforts. Mayor O'Neill asked staff to convey the positives they receive from being a member of Cal Cities. City Manager LeWig stated that Cal Cities provides education and collaboration across 476 cities in California. She indicated that the Fire Chief has taken on leadership roles which is the main vehicle to collaborate with other fire departments across the State, the City Clerk has taken on leadership roles in Cal Cities' City Clerk's Department, and noted conferences for specific departments and collaboration efforts with the coastal cities group. City Attorney Harp added that he served on the Cal Cities Advocacy Committee for two -years where requests for amicus briefs were analyzed. He noted the importance of education and thought Cal Cities does a good job of keeping up to date on the Brown Act, the Political Reform Act, and the Public Records Act, and supports collaboration with other cities facing the same issues. Connor Medina, Regional Public Affairs Manager for the Orange County Division for the League of California Cities highlighted the return on investment of membership in Cal Cities, the many ways Newport Beach takes advantage of its membership, discussed the roles City Clerk Brown, City Manager Leung, Councilmember Grant, and Fire Battalion Chief Brian McDonough have taken with Cal Cities, recognized there will be differences on issues, and encouraged Councilmembers who are not terming off to be on the Statewide boards or policy committees. Volume 66 - Page 49 City of Newport Beach City Council Meeting February 27, 2024 Marshall Goodman, Mayor of La Palma and Orange County Division President, expressed an interest in having more Councilmembers represent the City on the Division and State boards, which was supported by Past President San Juan Capistrano Councilmember John Taylor. Councilmember Grant thanked Mayor Goodman, Councilmember Taylor, and Mr. GeAne� Medina for listening to the City's concerns, acknowledged the good work that Cal Cities does, supported Councilmembers getting more actively involved with Cal Cities, suggested continuing the dialogue, and stressed the importance of pushing the legislative pieces of the agenda that bring the City relief from Proposition 1, specifically related to unregulated sober living and other types of group homes. Councilmember Blom struggled with sitting at a table that is contrary to what the Newport Beach citizens want, questioned if the City is getting the 4:1 dollar for dollar ratio of return, and thought that it is not responsible to continue membership in Cal Cities. Councilmember Avery noted the loss of local control, recog ed Cal Cities' interest in helping cities be at their best, and expressed an interest in working W al Cities to change policies. Councilmember Kleiman echoed the sentiments of her colleagues, thought that Cal Cities is not representing the values of Newport Beach, and expressed concern with the active opposition ra advocacy in opposition to the City's needs and eal Cities' mission statement. In response to Mayor O'Neill's question, City Manager Leung stated that the annual membership renewal fee is due shortly. Mayor O'Neill stated that he likes the Orange County Board and appreciated their attendance, noted that Proposition 1 is a big issue for the City, and stated the City's disinterest in paying- money to an organization that is advocating for it. Additionally, he pointed out that there was unanimous opposition to ACA 13 by this Council in late September, ACA 13 and ACA 1 are in response to the Taxpayer Protection Act, and there was an amicus brief signing before he found out what Cal Cities was representing. Mayor O'Neill expressed a desire for the matter to come back as an action item and asked for a show of hands to bring it back on a future agenda to determine if the City should continue its membership with Cal Cities. The straw vote to bring backJtFie matter on a future agenda was unanimous. Councilmember Kleiman asked that an update on Cal Cities' Regional Housing Needs Assessment (RHNA) reform efforts also be included with the report. III. PUBLIC COMMENTS A AGENDA AND NON -AGENDA ITEMS Ida Wolff requested a status about the Ben Carlson statue and suggested that a bird bath be erected in its place. Additionally, she asked that the City approve allowing outdoor seating at the Irvine Ranch Market on Balboa Island. Regarding Closed Session IV.A, Jim Mosher questioned the reason for the item, how an employee evaluation can be conducted without speaking with the employee, and who will be present to keep the conversation targeted since the City Attorney will not be in attendance. Dom Jones stated she is running for State Assembly, expressed her care for the community and coastal area, stated that she stands for unity and reason, and believes in the goal of economic prosperity. City Manager Leung and City Attorney Harp recued themselves from Closed Session Item IV.A due to potential impacts to their finances. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room Volume 66 - Page 50 City of Newport Beach City Council Meeting February 27, 2024 A. PUBLIC EMPLOYMENT (Government Code § 54957(b)): 2 matters Title: Grace Leung, City Manager Title: Aaron Harp, City Attorney V. RECESSED — 4:52 p.m. VI. RECONVENED AT 5:15 P.M. FOR REGULAR MEETING VII. ROLL CALL 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 VIII. CLOSED SESSION REPORT Mayor O'Neill announced that no reportable actions were taken. Ae IX. INVOCATION — Dr. Ahmed Soboh, Religious D' ctori Islamic Shura Council of Southern California X. PLEDGE OF ALLEGIANCE — Councilmember G XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Councilmember Grant: • Attended the groundbreakir* of the Lecture Hall Mayor Pro Tem Stapleton:i_ • Thanked Public Works DirectoAVebb, Police Lieutenant Wolik, and Parks and Recreation Director Levin for participating in the District 1 Round Table • Announced the Annual Mayor's Dinner on February 29, 2024, hosted by Speak Up Newport Mayor O'Neill: • Spoke at the Newport Harbor Exchange Club meeting • Announced speaking at the upcoming Newport Beach Chamber of Commerce event XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider forming a City Council ad hoc committee to negotiate the terms of the Visit Newport Beach contract for destination marketing services [Mayor O'Neill] Councilmember Kleiman asked if the Mayor would be willing to amend the ad hoc committee's responsibilityies to inelude creation of a detailed scope of work for the City's tourism contract. In response to Councilmember Weigand's request for clarification, Mayor O'Neill stated that he expected that the scope of work would be part of the responsibility. The City Council unanimously concurred to bring the matter back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Volume 66 - Page 51 City of Newport Beach City Council Meeting February 27, 2024 Jim Mosher stated that Mary his —Alice Campbell's appeal for reasonable accommodation was misdirected to the Planning Commission who prevented her from having any chickens on a mistaken belief that it was no longer allowed. He suggested Ms. Campbell's appeal go before the City Council without a fee or allow her to withdraw the appeal and keep three chickens and refund her money for the previous appeal. Mary his -Alice Campbell noted the medical necessity for her to have chickens, stated she has 10 supportive letters from six doctors, and asked that her matter be called for review by a Councilmember without paying another fee. In response to Mayor O'Neill's question, City Manager Leung clarified that Ms. Campbell's appeal is up on March 8 or 9, 2024. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 3, 2024 Planning Session and February 13, 2024 City Council Meeting Waive reading of subject minutes, approve as amended, a d d� 2. Reading of Ordinances Waive reading in full of all ordinances under consideration irect the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2024-5: Adding Chapter 10.7p (Prohibition of the Sale and Distribution of Kratom) to the Newport Beach Municipal Code a) Find 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. 2024-5, 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, and pass to second reading on March 12, 2024. ORDINANCE FOR AD0*VTION 4. Ordinance No. 2024-4: Termination of Development Agreement No. 2008-005 for Sober Living by the Sea, Inc. dba Sierra by the Sea, Inc. Zoning and Public Benefit Agreement (C-4145) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment, and it is not subject to CEQA; and b) Conduct second reading and adopt Ordinance No. 2024-4, An Ordinance of the City Council of the City of Newport Beach, California, Approving the Termination of Development Agreement No. 2008-005 (Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach and Sober Living by the Sea, Inc.) (PA2008-199). RESOLUTIONS FOR ADOPTION 5. Resolution No. 2024-11: Approving a Side Letter Agreement with the Newport Beach Police Association (C-2056) Volume 66 - Page 52 City of Newport Beach City Council Meeting February 27, 2024 c) Approve a Purchase Order for three power generators Model No. DCA 70SSIUF from Multiquip Inc. of Cypress for a total amount of $185,496.99; d) Approve a Purchase Order for two power generators Model No. DCA 125SSIUF from Multiquip Inc. of Cypress for a total amount of $162,826; and e) Authorize a contingency of $25,500 (approximately 5% of the total quotes) to cover the cost of unforeseen changes to the current quotes. 12. Cultural Arts Grants Fiscal Year 2023-24 (C-8577) 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 recommended recipients for Fiscal Year 2023-24 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I-10, Financial Support for Culture and Arts. MISCELLANEOUS 13. Planning Commission Agenda for the February 22, 2024 Meeting Receive and file. 14. Fiscal Year 2023-24 Second Quarter Financial Report -L IV 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, or designee, to appropriate American Rescue Plan Act funds and to transfer related savings to the Facilities Financing Plan Fund consistent with the spending plan outlined within the staff report; and c) Receive and file the report on budget amendments for the second quarter. Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Blom, to approve the Consent Calendar, except the item removed (Item 8); and noting the amendments to Item 1. Apk The motion carried ynanimously. XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 8. Approval of Prof nal Services Agreement with Anchor QEA, LLC for Balboa Yacht Basin Marina Deli Consulting Services (C-9525-1) Councilmember Blom thanked staff for the report and work on the item, but suggested holding off on going into the design phase and spending money until the negotiations for rebuilding the buildings returns with an approved piece. He stated that for this reason he would be voting "no" on the matter. In response to Mayor O'Neill's question, City Attorney Harp indicated Council could reject the matter. In response to Councilmember Weigand's questions, Public Works Director Webb stated that a brief pause to explore the matter could occur but cautioned about waiting too long. City Manager Leung noted that the request for proposal process has closed, proposals are currently being evaluated, and it will not be very long until the land portion is settled. Motion by Councilmember Blom, seconded by Councilmember Weigand, to reject the Professional Services Agreement with Anchor QEA, LLC for design services for the Balboa Yacht Basin marina replacement project. The motion carried unanimously. Volume 66 - Page 54 City of Newport Beach City Council Meeting February 27, 2024 XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Chris Benzen provided a visual demonstration of the mooring fee increases. Bill Powers explained the monetary impact to mooring holders of the mooring fee proposal. Chris Bliss provided mooring fee comparisons, suggested a rate decrease, and opposed a mooring fee increase. Barbara Griffith provided a handout about the mooring fee increases, noted flaws in the appraisal, and asked Council to review the matter closely. Adam LeveFanee—Leverenz rebutted the public comments on February 14, 2024 by the Harbor Commission and thought the fair market value is flawed, believed mooring rates should not be tied to slip rates, evaluation comparisons are far too high, off -shore mooring holders hoping to benefit from the use of State lands or have private exclusive use of the mooring spa c�is not true, and the percentage is not comparable. �� Jennifer Krestan stated that there have been no approvals for mooring increases in San Diego, as stated by the City's appraiser, and an appraiser would not consider how the market would respond over time to render an opinion about values and rates. Diana J. Davis stated that she does not want to lose h XVIII. MOTION FOR RECONSIDERATION — None XIX. ADJOURNMENT — 5:53 p.m. 6 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 on February 22, 2024, at 4:00 p.m. IV Will O'Neill Mayor Leilani I. Brown City Clerk Volume 66 - Page 55