HomeMy WebLinkAbout01 - MinutesApril 9, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
March 26, 2024
I. ROLL CALL — 4:00 p.m.
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
Without objection, Mayor O'Neill requested that the Presentations be taken out of order.
II. PRESENTATIONS
Proclamation Recognizing Speak Up Newport
Councilmember Grant noted her time on the Board of Dir ver a 10-year period and expressed
pride in the mayor presenting a proclamation. It
Mayor O'Neill read the proclamation and presented it to Ed Selich, Speak Up Newport (SUN)
President, who stated that Board Members Debra Allen, Ashley Johnson, Brian McDonough,
Jeff Boyles, Tony Petros, John Langford, Eric Little, and Rhonda Watkins were in attendance, read
a portion of SUN's bylaw, and stated their goal to educate the public, provide programming, host
virtual and in -person meetings, organize the Mayor's Dinner, and offer scholarships. He noted the
organization is composed of dues paying members and 16 board members.
• Proclamation Recognizing Leader Ihip Tomorrow
Councilmember Grant stated she is proud to be on the Leadership Tomorrow Board and noted the
organization's goals.
Councilmember Staple�ressed being indebted to the organization and the work they do.
Mayor O'Neill lad the proclamation and presented it to Kathy Lamm, Leadership Tomorrow's
Executive Committee Chair and Board of Director, who stated the organization is a labor of love, is
meaningful, and an impactful experience for all, relayed members of the Newport Beach community
who went through the program, expressed pride and value in the partnership with the City, and
looked forward to inspiring another generation of community leaders.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Jennifer Jing expressed her fears about the harassment she is experiencing from a board member on
her homeowner's association and asked the City Council to intervene.
Jim Mosher noted there is no public discussion of the Closed Session items and suggested having public
comments before the negotiations occur.
Hein Austin noted that the improvements of the mooring fields by the mooring holders have led to their
increased values and questioned how mooring holders on fixed incomes will be able to afford the
proposed increases.
Adam Leverenz strongly disputed the data that determined the mooring fee increases and suggested
flyers be posted to communicate the proposal to the public.
Sri Renganathan felt that there are hefty and inappropriate fines being imposed on residents by code
enforcement and suggested a third party review of the process.
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City of Newport Beach
City Council Meeting
March 26, 2024
Councilmember Blom recused himself from Closed Session Item IILA.2 due to receiving
campaign contributions over $250 from Robert Olson.
IV. CLOSED SESSION -Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 2 matters
1. 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 845 square feet).
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding 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.
2. Property: 3300 Newport Boulevard, Newport Belli, CA 92663.
City Negotiators: Seimone Jurjis, Assistan a gel* Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: Robert D. Olson.
Under Negotiation: Instruction to ty Negotia4gf egarding the lease - price and terms of
payment.
V. RECESSED - 4:30 p.m. Adak
VI. RECONVENED AT 5:16 P.M. FOR REGULAR UEETING
VII. ROLL CALL
qW
Present: Mayor V41 O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember rik Weigand
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Mayor O'Neill
X. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Stapleton
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Attended the Distinguished Citizens Program's tour of John Wayne Airport (JWA) and the Corona
del Mar Residents Association (CdMRA) monthly meeting, noting she will be speaking at the annual
meeting on April 2, 2024
• Announced that her son passed the junior lifeguard swim test over the weekend
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City of Newport Beach
City Council Meeting
March 26, 2024
Councilmember Avery:
• Attended the Orange County Sanitation District Board of Director's meeting and the Watershed
Executive Committee meeting
Councilmember Weigand:
• Reviewed the public counter statistics and congratulated staff for their hard work
Councilmember Grant:
• Attended the 40th Annual Spirit Run and congratulated Diane Daruty, the Hoag Classic Golf
Tournament, the South Orange County Women's Conference along with City Manager Leung and
Councilmember Kleiman, and noted the first open adoption pet event at the Newport Beach Animal
Shelter
Mayor Pro Tem Stapleton:
• Attended the Distinguished Citizens Program tour of JWA, the CdM Home Tour, and the ribbon
cutting for the Pyle Family's Fun Zone arcade refurbishment
• Participated on the UCI real estate panel at Lido House
• Congratulated Eagle Four and Hoag Classic Director Scott Easton
• Announced the upcoming Newport Beach Foundation polo tournament on May 4, 2024
Mayor O'Neill: 04
• Attended the Hoag Tournament and complimented the groundsklOers and event coordinators
• Presented a proclamation to the CdM Home Tour celebrating 50 years
• Provided a State of the City presentation to Cd11 �Chamber of Commerce
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
r
Jim Mosher noted challenges with moderate- and low-income level housing production and suggested
it be a topic for discussion during Item 8 (2023 Annual General Plan and Housing Element Progress
Report) and proposed there be more reporting from the General Plan Advisory Committee (GPAC)
relative to Item 7 (Budget Amendment No. 24-059: Allocate Additional Funds for the Comprehensive
General Plan Update).
Adam Leverenz asked Council to keep7tem 5 (Rejection of Bids for the 38th Street and Lake Avenue
Landscape Improvement Project) in mind as a point of reference for context and perspective related to
the mooring fee increase.
Mayor O'Neill agreed with Jai Mosher regarding GPAC reporting and proposed asking the committee
for an update.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 12, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2024-6: Amending Chapter 10.08 of the Newport Beach Municipal Code
Regarding the Use of Public Property for Commercial Purposes (PA2024-0015)
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a) Find this project 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) Conduct second reading and adopt Ordinance No. 2024-6, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Section 10.08.030 (Use of Public Property for
Commercial Purposes) of the Newport Beach Municipal Code (PA2024-0015).
CONTRACTS AND AGREEMENTS
4. Underground Utility Assessment District No. 111, Underground Utilities District No. 22
Phase 2 & 3, & Utility Undergrounding for McFadden Alleys and Court Street - Notice of
Completion for Contract No. 7833-1 (21A11)
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 the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code;
c) Release Faithful Performance Bond one year after acceptance by the City Council;
d) Authorize staff to proceed with the final Verizon additional work and increase project
contingency from $3,500,000 to $3,595,003 (approximately 51.6 percent of the contract award)
to cover the additional cost of the requested additional work; and
e) Approve Budget Amendment No. 24-058 recognizing $31,872.75 in contribution revenue from
Crown Castle to Account No. 13501-561007-21A11 and $159,250.85 in increased expenditures
in Account No. 13501-980000-21A11 (U D22-1 CIP Expenditures for GL) from multiple utility
companies.
5. 38th Street and Lake Avenue Landscape Improvement Project - Reject All Bids for
Contract No. 9008-1 (23L01)
a) Find this project 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) Reject all bids received for Contract No.P008-1; and
c) Direct staff to re -advertise the 38th-7t-reet and Lake Avenue Landscape Improvement Project
for construction using a wider bidding pool.
6. Approval of Amendment No. Six to Professional Services Agreement with Chambers
Group, Inc. for Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Environmental Services - Contract No. 8020-4 (15T09)
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 Amendment No. Six to the Professional Services Agreement with Chambers Group,
Inc. for environmental services for the Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot to extend the term of the agreement an additional four years to April 30, 2028, and
authorize the Mayor and City Clerk to execute the amendment.
MISCELLANEOUS
7. Budget Amendment No. 24-059: Allocate Additional Funds for the Comprehensive
General Plan Update (CIP Project No. 20M11)
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 Budget Amendment No. 24-059, transferring $750,000 from the unappropriated
General Fund balance to the General Fund CIP and appropriating it into Account
No. 01201928-980000-20M11 for the General Plan Update (Project No. 20M11).
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City of Newport Beach
City Council Meeting
March 26, 2024
8. 2023 Annual General Plan and Housing Element Progress Report (PA2007-195)
a) Find the preparation, review and submission of the 2023 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA) as the actions are not a project as
defined by Section 15378(b)(2) of the Public Resources Code;
b) Review the 2023 General Plan Progress Report, including the Housing Element Annual
Progress Report; and
c) Authorize the submittal of the 2023 General Plan Progress Report to the California Office of
Planning and Research and the submittal of the Housing Element Annual Progress Report to
the State Department of Housing and Community Development.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Blom, to approve the
Consent Calendar; and noting the amendments to Items 1.
The motion carried unanimously.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR — No e
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Chris Benzen discussed what a mooring was, thought it was inappropriate for the Harbormaster and
others to recuse themselves from discussions, stated the proposed fee increase was unfair, and suggested
amending Resolution No. 2015-10 to include moorings.
Hein Austin thought that the proposed mooring fee increase is inequitable.
Jennifer Krestan stated that the mooring fee increases discriminate against average and below -average
income levels and relayed examples of expenses incurred by mooring owners.
Jim Mosher suggested that Council consider whether the November 2024 ballot measure regarding the
General Plan/Housing Element should be a binding Greenlight vote or an advisory vote, read a portion
of City Charter Section 423, expressed concerns for jeopardizing Greenlight, and suggested holding
public discussions. �
Mike Flemming suggested comparing what the yacht clubs are paying the City for moorings versus
mooring holders.
Jesse Flemming asked for a fair 11pproach to determining mooring fees and suggested that everyone pay
the same amount and work together.
Herman Coomans stated he is on a fixed income and asked Council to consider the compassionate side
of the proposed mooring fee increase.
Adam Leverenz suggested that the City use the State Lands Commission's formula for mooring fees.
Dick Anders thought if the City was going to increase mooring fees, it should apply to all tidelands and
not only to moorings.
Mike requested there be fair treatment when determining the mooring fees.
XVII. CURRENT BUSINESS
9. Ordinance No. 2024-7: Terminating Two Non -Exclusive Franchise Agreements for
Commercial Solid Waste
In response to Mayor O'Neill's question, Public Works Director Webb introduced Charles Springer,
Senior Management Analyst, who reviewed the noncompliant issues as part of the response from
Key Disposal & Recycling, Inc.
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City of Newport Beach
City Council Meeting
March 26, 2024
John Katangian, President/Owner of Key Disposal & Recycling, Inc., provided a history of the
hauling services, noted the information collected by Mr. Springer was not from the store manager,
the store manager clarified that the material is being backhauled in their own empty trailers to
their service building where it is recycled, there is no lapse in insurance, four defaults remain out
of 10, outreach is complete, and the anchor stores are in compliance and managed nationally.
In response to Mayor O'Neill's question, Mr. Katangian relayed the outreach plan moving forward
for the Source Separation Implementation Plan to assure compliance and the process for providing
the required insurance documentation. Mr. Springer stated the insurance needed to meet the
compliance requirements. Shelly Katangian indicated that she has paperwork that shows the
company has no lapse in coverage and stated the hauler is willing to do whatever it takes to continue
working in the City.
Mayor O'Neill stated that the hauler's broker needs to send the specific required endorsements to
the City, supported finding a resolution, and suggested that the matter be brought back at the
April 9, 2024 City Council meeting. 40
Motion by Mayor O'Neill, seconded by Mayor Pro Tem Stapleton, 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) bring back consideration of Key Disposal & Recycling,
Inc.'s Non -Exclusive Commercial Solid Waste Franchise Agreement at the April 9, 2024 City Council
meeting; and c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-7, An Ordinance of the City Council of the City of Newport Beach, California, Terminating
One Non -Exclusive Franchise Agreements for Commercial Solid Waste with Haul -Away Rubbish
Service Co., and pass to second reading on April 9, 2024.
The motion carried unanimously.
XVIII. MOTION FOR RECONSIDERATION — None
XIX. ADJOURNMENT — 6:09 p.m.
The agenda was posted on t itlWwebsite and on the City Hall electronic bulletin board
located in the entrance of a City Council Chambers at 100 Civic Center Drive on
March 21, 2024, at 4:00 pA
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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