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HomeMy WebLinkAbout05/14/2024 - Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Regular Meeting May 14, 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 Lauren Kleiman, Councilmember Erik Weigand Excused: Councilmember Robyn Grant II. PRESENTATIONS • Certificate of Recognition to Xiomara A La Torre Cynthia Quimby, Government Relations Manager, Southern California Edison, reviewed the qualifications for receiving the SCE Scholarship and congratulated Newport Harbor High School student, Xiomara A La Torre, for being the recipient. Mayor O'Neill presented a Certificate of Recognition to Xiomara A La Torre who thanked everyone who supported her along her journey. • Proclamation Recognizing the John Wayne Cancer Foundation and Block the Blaze Mayor O'Neill read the proclamation and presented it to Ethan Wayne who reviewed details of the program and introduced Marisa and Duke Wayne, Senior Program Director Lauren Fraga, Program Specialist Mayra Del La Cruz, and Communications Coordinator Keara Haynes. He thanked the Lifeguards and the City Council. • Proclamation Recognizing Court Appointed Special Advocates (CASA) of Orange County Mayor O'Neill read the proclamation and presented it to Nicole Inal who introduced CASA staff and advocates, thanked the City for the recognition, and noted the importance of volunteers. Norma Mendoza shared volunteer recruitment opportunities that can be found at www.casaoc.org. • Proclamation Recognizing the Crime Survivors Resource Center Mayor O'Neill read the proclamation and presented it to Patricia Wenskunas who relayed the program's focus, location and service area, and thanked supporters. Representatives from the offices of Senator Janet Nguyen and Assemblywoman Diane Dixon presented certificates to the John Wayne Cancer Foundation, CASA OC, and Crime Survivors Resource Center. 0 Proclamation Recognizing National Public Works Week Mayor O'Neill read the proclamation and presented it to Public Works Director Webb, Utilities Director Vukojevic, and staff who proclaimed the week of May 19, 2024, as National Public Works Week and encouraged the community to pay tribute to Public Works professionals. Mayor O'Neill announced the Touch A Truck event on May 18, 2024, from 9:00 a.m. to noon in the Balboa Pier parking lot. Mayor O'Neill recessed the meeting at 4.30 p.m. and reconvened the meeting at 4.38 p.m. Volume 66 - Page 90 City of Newport Beach May 14, 2024 III. PUBLIC COMMENTS Adam Leverenz took issue that yacht clubs are being exempt from the mooring fee increases recommended by the Harbor Commission, noted participants in the process who have financial interests, and asked Council to consider during the Closed Session the wrongful conduct leading up to this point and the inconvenience, time, and expense to defend the position. Bill Powers provided a handout and addressed the formula for the phasing and the 24% indexing to the Balboa Yacht Basin, and wondered if a working committee would be helpful to form. Ann Stenton, President of the Newport Mooring Association (NMA), expressed that she felt there was a lack of direct and real dialogue with the Harbor Commission regarding the proposed mooring rate increases and suggested there be a global rate study. She also proposed meeting with the City Manager or Mayor to review concerns and develop a mutually beneficial solution. IV.. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2) (e)(3)): 1 matter On Aprill 22, 2024, Elise M. Kern with the law firm of Palmieri, Hennessey & Leifer, LLP, confirmed that Mr. Chris Benzen is inclined to pursue litigation against the City of Newport Beach if the City Council increases the rent for moorings, as recommended by the Harbor Commission. A copy of the e-mail from Ms. Kern is on file with the City Clerk located at 100 Civic Center Drive, Newport Beach, California 92660, and is available for public inspection pursuant to Government Code Section 54957.5. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter 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. V. RECESSED — 4:48 p.m. VI. RECONVENED AT 6:01 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 Lauren Kleiman, Councilmember Erik Weigand Excused: Councilmember Robyn Grant VIII. CLOSED SESSION REPORT City Attorney Harp announced that no reportable actions were taken. IX. INVOCATION — Mayor O'Neill X. PLEDGE OF ALLEGIANCE — Councilmember Blom Volume 66 - Page 91 City of Newport Beach May 14, 2024 XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Councilmember Kleiman: • Attended meetings in Washington DC with Councilmember Blom, City Attorney Harp, and Assistant City Manager Finnigan to advocate for aviation matters, an Aviation Committee meeting, the Orange County Council of Government (OCCOG) board meeting, the annual Southern California Association of Governments (SCAG) conference, the County's Selection Committee meeting, Speak Up Newport regarding Proposition 1, the Newport Beach Surf & Turf Polo Classic event, the Police Appreciation Lunch, and the Fire Department Badge Pinning Ceremony • Congratulated Fire Chief Boyles for being named First Responder of the Year by the Association of California Cities — Orange County (ACC-OC) Councilmember Avery: • Attended the Police Appreciation Lunch, Fire Department Badge Pinning Ceremony, and Orange County Sanitation District Administration Committee meeting Mayor Pro Tem Stapleton: • Utilized slides to discuss the Newport to Ensenada Mayor's Reception, Distinguished Citizens Program, 2nd annual Newport Beach Surf & Turf Polo Classic, the Orange County Marathon, and yacht club opening days • Congratulated the firefighters in the Badge Pinning Ceremony and Fire Chief Boyles for being named First Responder of the Year • Attended the Police Appreciation Luncheon Mayor O'Neill: • Attended the Newport Beach Arbor Day Ceremony with Newport Coast Elementary School students, the Transportation Corridor Agencies meeting, and the ACC-OC award ceremony where Fire Chief Boyles received an award • Announced the 3rd Annual Touch A Truck event on May 18, 2024, the Newport Coast pickleball courts opening celebration on May 20, 2024, Memorial Day, and Field of Honor at Castaways Park XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Mayor O' Neill requested clarification regarding use of personal digital communication platforms and the initial dissemination of news releases. City Attorney Harp clarified that the original posting is being referenced in Item 4 (Amending City Council Policies regarding Communication as an Official or Personal Communication). Jim Mosher suggested a thorough review of the policies in Item 4, provided examples of policies he felt are unclear, and requested that new appointees to boards, commissions or committees be informed of the policies. Adam Leverenz questioned actual cost savings when imposing a 2.85% credit card fee in Item 3 (Amending Section 3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery Percentages), supported the emphasis on factual communication noted in Item 4, and suggested adding specific criteria for boat electric charging station functionality in Item 9 (Installation and Operation of an Electric Watercraft Charging Station at Marina Park). XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 23, 2024, City Council Meeting Waive reading of subject minutes, approve as amended, and order filed. Volume 66 - Page 92 City of Newport Beach May 14, 2024 2. Reading of Ordinances Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. ORDINANCES FOR ADOPTION Ordinance Nos. 2024-12 and 2024-13: Amending Section 3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery Percentages and Section 15.02.085 (Addition of Section 105.3.1.1) of the Newport Beach Municipal Code Related to Demolition Waste Disposal 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) Conduct second reading and adopt Ordinance No. 2024-12, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery Percentages; and c) Conduct second reading and adopt Ordinance No. 2024-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 15.02.085 (Addition of Section 105.3.1.1) of the Newport Beach Municipal Code Related to Demolition Waste Disposal. RESOLUTION FOR ADOPTION 4. Resolution No. 2024-31: Amending City Council Policies A-1, A-2, D-1 and D-5, to Help the Public Discern Whether a Communication is an Official or Personal Communication 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. 2024-31, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policies A-1 "City Council," A-2 "Boards, Commissions & Committees, "D-1 "Media Relations,"and D-5 "Digital Communication" to Ensure that the Public Can Discern When a Communication Made by a City Official, Officer, Employee or Consultant is Being Made on Behalf of the City or is a Personal Communication. CONTRACTS AND AGREEMENTS 5. Approval of Professional Services Agreement with David Evans and Associates, Inc. for MacArthur Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation - Contract No. 9431-1 (241113) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) (existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Approve a Professional Services Agreement with David Evans and Associates, Inc. for the MacArthur Boulevard, from Jamboree Road to Campus Drive, Pavement Rehabilitation project for a total not -to -exceed amount of $493,320 and authorize the Mayor and City Clerk to execute the Agreement. 6. Award of Maintenance and Repair Agreement with Mariposa Landscapes, Inc. for On -Call Sports and Recreation Field Landscaping (Contract No. 9529-1) 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 a Maintenance and Repair Services Agreement with Mariposa Landscapes, Inc. for On -Call Sports and Recreation Field Landscaping for a five-year term and a not -to -exceed amount of $1,250,000 and authorize the Mayor and City Clerk to execute the agreement. Volume 66 - Page 93 City of Newport Beach May 14, 2024 7. Approval of Amendment No. Two to Professional Services Agreement with Stantec Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements Project - Contract No. 8925-1 (23R11) and Approval of Additional Construction Contingency with T.E. Roberts, Inc. (C-7173-3) and All -American Asphalt (C-8925-2) 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 Budget Amendment No. 24-069, transferring $625,391 from the unappropriated General Fund balance to the General Fund CIP and appropriating it into Account No. 01201927-980000-23R11 and appropriating $1,750,000 in increased expenditures in Account No. 70201932-980000-24W14 and transferring funds from the Water Enterprise Fund unappropriated fund balance to the Water Capital Fund; c) Approve Amendment No. Two to the Professional Services Agreement with Stantec Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon Road Drainage Improvements project for an additional $75,391 for a total not - to -exceed amount of $426,734, and authorize the Mayor and City Clerk to execute the agreement; d) Increase the contract bid item amounts and contingency by $1,750,000 to $2,270,000 (approximately 65% of the contract award) with T.E. Roberts for Contract No. 7173-3 to cover additional water main replacement on Evening Canyon Road; and e) Increase the contract bid item amounts and contingency by $550,000 to $1,100,000 (approximately 20% of the contract award) with All American Asphalt for Contract No. 8925-2 to cover additional pavement rehabilitation efforts on Evening Canyon Road that will be required as a result of the additional water main replacement work. 8. Approve Amendment No. Three to the Maintenance Services Agreement with Great Scott Tree Service, Inc. for Citywide Tree Maintenance Services (Contract No. 5648-1A) 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. Three to the Maintenance Services Agreement with Great Scott Tree Service, Inc. for Citywide Tree Maintenance Services with a three-year extension and additional not -to -exceed amount of $6,100,000 for a total not -to -exceed amount of $23,060,000 and authorize the Mayor and City Clerk to sign the amendment. 9. License Agreement with Aqua Superpower (USA), Inc. for Installation and Operation of an Electric Watercraft Charging Station at Marina Park Located at 1600 West Balboa Boulevard (C-9597-1) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15303 (New construction of small structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Authorize the City Manager and City Clerk to execute the License Agreement between the City of Newport Beach and Aqua Superpower (USA), Inc. for use of a portion of the City of Newport Beach owned property and public dock at Marina Park located at 1600 West Balboa Boulevard, for installation, operation, and maintenance of electric watercraft charging equipment, in a form substantially similar to the License 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 conducting an open bid process would result in excessive vacancy, and this use of the property provides a unique service to the community and is of a public benefit and might not otherwise be provided were an open bid required. Motion by Mayor Pro Tern Stapleton, seconded by Councilmember Blom, to approve the Consent Calendar; and noting the amendments to Item 1. With Councilmember Grant absent, the motion carried 6-0. Volume 66 - Page 94 City of Newport Beach May 14, 2024 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS George Hylkema spoke about the increased fees for on and offshore mooring permits, proposed every boat pay for the private use of public tideland space, and thought the City is not in compliance with the tideland rules. Chris Bliss opposed the mooring fee increases and asked Council to pull the plan off the table and perform a comprehensive rate study of the various tideland permits in the harbor to establish fair and equitable rates. Alan Guenther thanked the City for opening eight additional pickleball courts on Monday and expressed concern for the system to reserve and pay for a court. Mayor O'Neill directed the matter to the Recreation & Senior Services Director Levin. Jennifer Krestan expanded upon comments from Mr. Hylkema and read a few negative comments from an NMA petition. Garrett Cliser relayed how illegal immigration is a concern in Newport Beach and asked Council to uphold their duty to the community. Herman Coomans provided what he thinks will happen once the mooring fees are increased and suggested the resident piers pay a comparable fee to the City's market rate. Adam Leverenz asked Council to be fair and look at all the evidence relative to the mooring fee increase. Jim Mosher recommended that Council not override the Airport Land Use Commission's likely rejection of the proposed amendments to the General Plan and consider an open discussion with the public about less offensive options that can be included on the November ballot. XVII. CURRENT BUSINESS 10.Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for Commercial Solid Waste Acting Deputy Public Works Director Salazar and Senior Management Analyst Springer noted that, while there has been progress, compliance issues still exist and relayed the outstanding issues. In response to Mayor O'Neill's questions, Senior Management Analyst Springer relayed that the City has two tiers, reviewed the number of haulers, and indicated the termination of Key Disposal & Recycling's Tier 1 franchise is being proposed but the Tier 2 franchise agreement would continue. John Katangian, President of Key Disposal & Recycling, Inc., stated that he has met the task requirements provided by staff and has no control over what happens at the store. Mayor O'Neill noted the challenge of complying with State regulations, offered Mr. Katangian the ability to withdraw from the Tier 1 agreement instead of facing termination, and thought the contract requirements have not been met. Mr. Katangian agreed to only have a Tier 2 agreement and indicated he would withdraw from Tier 1. Regarding Mayor O'Neill's inquiry, City Attorney Harp thought it is a feasible approach to come up with a process for Mr. Katangian to withdraw from the Tier 1 franchise agreement. Mayor O'Neill stated that he recommends allowing Key Disposal and Recycling to voluntarily relinquish its Tier 1 franchise agreement but keep its Tier 2 status; however, this should come back to Council at the next meeting if the relinquishment has not occurred. Volume 66 - Page 95 City of Newport Beach May 14, 2024 Motion by Mayor O'Neill, seconded by Councilmember Weigand, to continue the matter to the May 28, 2024 City Council meeting if Key Disposal & Recycling does not relinquish its Tier 1 franchise agreement. With Councilmember Grant absent, the motion carried 6-0. 11. Balboa Branch Library / Fire Station No. 1 Concept Review and Approval - Project No. 23F12 Public Works Director Webb and Assistant City Engineer Sandefur utilized a presentation to review the location, background, history, design parameters, project timeline, public notification process, design development, draft design concept plans, layout comparisons, and off -site parking layout. Jeff Katz, COAR Design Group, utilized a presentation to review Options 1, lA and 2. Assistant City Engineer Sandefur reviewed requests from the public regarding Options 1 and IA. Library Services Director Hartson discussed library/playground outdoor programming opportunities, the Board of Library Trustees' involvement, theme examples for early literacy elements, collection statistics, technology, and programming. Assistant City Engineer Sandefur continued the presentation to review the potential locations for a temporary fire station during the construction period and tree locations in both options. Superintendent Pekar utilized the presentation to review the existing trees and conditions, removed trees, background on site trees, prognosis of the remaining trees, and birds and nesting. Assistant City Engineer Sandefur utilized the presentation to review actions taken at the Board of Library Trustees and Parks, Beaches, and Recreation Commission (PB&R) meetings, schedule and cost, and recommendations. Public Works Director Webb clarified the tree assessment process. Councilmember Avery supported maintaining a library and fire station at the location, thought facing away toward Island Avenue was a good choice, and acknowledged the loss of the trees. In response to his concern for shade, Superintendent Pekar indicated that rapid growing trees with broad canopies can be selected for replanting. In response to Councilmember Weigand's question, Public Works Director Webb stated that the refurbished 8-foot City seal can probably be incorporated into the site. Steve Abraham supported the preservation of the eucalyptus tree. Kathy Frazer thought the playground is not part of the literacy program, questioned who will monitor the parking lot, and expressed concern for the safety of children crossing Balboa Boulevard. Joyce Flower suggested converting the playground area into internal space, including a drive -through for book drop-off, and establishing a bicycle parking area. Robert Hampton suggested collecting feedback from people who study birds and encouraged Council to look at things in a new way. Nancy Remley suggested removing the storage facility. Michele Silver asked that Council keep in mind that the tree is very important to the community. Jim Moloney read excerpts from City Council policy G-1 and provided a handout and requested that removing the tree be delayed. Volume 66 - Page 96 City of Newport Beach May 14, 2024 Don Abrams urged Council to preserve the tree as a home for the great blue heron. April Strong disagreed with having a playground at the library and suggested giving the tree some space and time to see how it can handle any possible issues. Tara Gillfillan suggested retesting the tree and to consider the magnitude of preserving the tree. Colin Israel thought the site is a community spot and, if lost, will not be regained, took issue with the cost of the project, and supported preserving green space instead of installing a playground or parking lot. Maggie Israel supported keeping the tree and green space instead of installing a playground. Charles Bell expressed concern about changing the existing neighborhood alley wall which separates the facility from the residential neighborhood. Chuck Remley suggested expanding the adult and children's sections of the new library and supported Option 1A. Marjorie Lovell supported preserving the tree. An unidentified speaker supported preserving the tree and expressed concern for birds during nesting season. Nina Mikkelsen expressed her sadness for losing the tree and library. Helen Mikkelsen supported building around the tree to save the space for future opportunities. Rachael Gabriel supported preserving the tree and building around it. Adam Leverenz asked Council to consider having an arborist reevaluate the disease factor of the tree, suggested rebuilding the library when the tree takes its natural course, and requested that Council consider the cost differences between each architectural style. Rick Flower suggested an option that replaces the playground with the tree and, once the fire station is built, use the temporary fire station facility to house the maintenance equipment. Patricia Hampton suggested that Council act based on public opinion. Jim Mosher expressed concern for how the Council working group was appointed, noted that PB&R did not make a layout recommendation nor was their public discussion about the library's layout, and voiced that approving a floor plan tonight seemed premature. Mayor O'Neill reported that the Capital Improvement Program (CIP) included replacing both buildings, successful design allows for a modern upgrade to the fire station, the location is important, both buildings are older and need replacement to make conditions safer for the firefighters, over 600 trees have been added to the Peninsula in the last 20 years, failing trees cause safety issues, working around the tree is not feasible going forward, PB&R approved the tree removal, and acknowledged that the cost is high. Councilmember Weigand echoed Mayor O'Neill's comments, noted that he toured the fire station, observed that the facility is run down and does not provide proper accommodations, preferred Option lA to provide extra space to the fire station by removing the Public Works equipment, and noted that the City is a great steward to trees in the City. Volume 66 - Page 97 City of Newport Beach May 14, 2024 Mayor Pro Tem Stapleton concurred with his colleagues and supported Option IA. In response to his question, Superintendent Pekar stated that a drone is used to confirm that no eggs are in a tree nest before a tree is removed. Additionally, Mayor Pro Tem Stapleton applauded the work done to the new Historical Society Museum and supported solutions to the temporary fire station. Councilmember Avery noted the changes in the City over the last 20 years, supported public safety personnel and facilities that serve the community, expressed his understanding of the public's opinion, agreed with the public about the value of trees and recognized the difficulty to remove a tree when a landmark tree is involved, and supported Option IA. Councilmember Weigand asked that staff try to find a way to include the large City seal into this project. Motion by Councilmember Weigand, seconded by Mayor Pro Tem Stapleton, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 - Existing Facilities) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) direct staff to proceed with preparation of final building and site plans, required permits, and solicit public bids for its construction. With Councilmember Grant absent, the motion carried 6-0. XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - Adjourned at 8:30 p.m. in memory of Dick Pickup and Erin Jones 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 May 9, 2024, at 4:00 p.m. A" I, Leilani I. Brown City Clerk Will O'Neill Mayor Volume 66 - Page 98