CITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
March 12, 2024
Volume 66 - Page 56
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
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
Regarding Item 5 (Indefinitely Waiving Section A.1. of Council Policy B-13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park), Mayor Pro Tem Stapleton and Councilmember Kleiman acknowledged that they sit on the Newport Beach Foundation Board.
SS2. Certificate of Recognition to the Blue Bin Group
Mayor O’Neill presented a Certificate of Recognition to the Blue Bin Group for their recycling education, social media efforts, and use campaign . Alexandra Gomez from Sage Hill School utilized a presentation to explain the initiative and thanked Council for their help and support.
SS3. Proclamation to Second Harvest
Second Harvest Food Bank Vice Chairman Salman Alam discussed the program and introduced CEO Claudia Keller and Government and Public Affairs Manager Malia Carey who noted that Jill Johnson -Tucker is in attendance and was the former Board Chair and co-founder. They utilized a presentation to review their mission, history, who they serve, N ewport Beach pantry partners, how the food banks work, and 2023 volunteers.
Councilmember Weigand asked if an invitation can be sent to the City Council for the “No Lunch” Lunch event.
Mayor O’Neill read the proclamation that recognized Second Harvest Food Bank of Orange County for their extraordinary help feeding Orange County’s vulnerable population.
SS4. Capital Improvement Program (CIP) Early Look
Council Member Kleiman announced she would be recusing herself during discussions relative to the Shore Cliffs Water System Improvements Project due to real property interest conflicts.
Council Member Blom announced he would be recusing himself during discussions relative to Utility Undergrounding Assessment District Nos. 120 and 124, the Balboa Island Main Water Project, Balboa Island Street Drainage and Pump Station Improvement Projects , Santa Ana Avenue and San Bernardino Avenue Streets and Drainage Project, and the Peninsula Tidegate Improvement Project due to real property interest conflicts.
Public Works Director Webb noted having met with the Finance Committee and that he will be presenting new projects in this year’s Capital Improvement Program (CIP) prior to when the full CIP is presented in May.
March 26, 2024
Agenda Item No. 1
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Deputy Public Works Director Houlihan utilized a presentation to review the fiscal year 2024- 25 CIP early look, purpose of the CIP, allocations to the CIP, projects totaling $24 million completed to date during FY 2023-24, and projects totaling $102 million that are currently under construction.
Public Works Director Webb complimented the entire City and staff for the work currently underway.
Deputy Public Works Director Houlihan continued with the presentation to review the FY 2024- 25 CIP projection and proposed FY 2024-25 summary of new funding by type. He noted projects in the following sections for new proposed funding: facilities, streets and drainage, transportation, water quality and environmental, and parks, harbors, and beaches.
Mayor O’Neill thanked staff for all the park projects.
Deputy Public Works Director Houlihan continued discussing parks, harbor, and beach projects.
Public Works Director Webb discussed why the Newport Pier project is behind schedule and noted the challenges . In response to Mayor O’Neill’s question, Public Works Director Webb relayed that the Balboa Library and Fire Station concept and plan approval will be coming to Council probably the first meeting in May before an environmental document , design, and bidding occur.
Deputy Public Works Director Houlihan continued the presentation to relay new proposed funding for projects in the water division , wastewater category, miscellaneous, and oil wells section. He provided a summary of the new funding by type which total $49.1 million and a five- year look ahead for significant projects.
Jim Mosher suggested a table be provided that included the starting balance per fund at the beginning of the year and a comparison of expenditures and revenues by fund.
In response to Councilmember Weigand’s question, Deputy Public Works Director Houlihan confirmed that the Balboa Boulevard/Newport Boulevard pavement rehabilitation project will occur during the off-season.
In response to Councilmember Avery’s question, Public Works Director Webb noted that the proposed CIP pr ogram is not the largest for the City , but it is large and ambitious.
Councilmember Avery agreed the plan was ambitious but expressed confidence in the City to get it done.
Councilmember Grant thought the plan will take a remarkable amount of work and commended the City’s efficient spending.
III. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS – None
IV. CLOSED SESSION – After Study Session – Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 301 E. Balboa Blvd., Newport Beach, CA 92660 – APN: 048-082-01
City Negotiators: Seimone Jurjis, Assistant City Manager , and Lauren Wooding Whitlinger, Real Property Administrator.
Negotiating Parties: Joseph Berkson, Marcus & Millichap, on behalf of Bobby Hanada and Linda Hanada
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
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B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Bruna Shidler v. City of Newport Beach
Orange County Superior Court, Case No. 30-2020-01164498-CU-PO-CJC
V. RECESSED – 4:38 p.m.
VI. RECONVENED AT 5:01 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 Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION – Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene
X. PLEDGE OF ALLEGIANCE – Councilmember Kleiman
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Extended birthday wishes to Mayor Pro Tem Stapleton
Councilmember Avery:
• Attended the Orange County Sanitation District meeting and a meeting with Councilmember Weigand and the Orange County Sanitation District staff
Councilmember Weigand:
• Expressed interest in having the Orange County Mosquito and Vector Control Board give a presentation at a City Council meeting and announced the idea of relocating their headquarters
Councilmember Grant:
• Extended birthday wishes to Mayor Pro Tem Stapleton
• Attended the Speak Up Newport Mayor’s Dinner, the Newport Beach Police Department’s Mobile Café at Herst Coffee, and the Second Annual Orange County Women in Leadership Summit with Councilmember Kleiman and City Manager Leung
Mayor Pro Tem Stapleton:
• Attended the Speak Up Newport Mayor’s Dinner and commended Mayor O’Neill for giving a Key to the City to the Ben Carlson Foundation
• Attended a tour with Councilmember Weigand of the Costa Mesa Bridge Shelter and the Newport Shores Annual Homeowners Association (HOA) meeting on March 9, 2024 Mayor O’Neill:
• Thanked Speak Up Newport for the Mayor’s Dinner
• Attended the Newport Beach Police Department’s Mobile Café • Presented the State of the City to the Newport Beach Chamber of Commerce and will be providing a State of the City to the Corona del Mar Chamber of Commerce on March 13, 2024 • Spoke to students at Our Lady Queen of Angels and Newport Coast Elementary Schools Draft
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• Announced that the Corona del Mar Home Tour will be on March 14, 2024 , the Mayor’s Egg Roll will be on March 23, 2024, and the Hoag Classic golf tournament will be March 20-24, 2024 XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 3 , Ordinance No. 2024 -5: Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to the Newport Beach Municipal Code , James Carroll former Director of the White House Office of National Drug Control Policy noted the potential for kratom to help with drug addiction, expressed concern for Fentanyl coming across the border, and encouraged support for law enforcement.
Matt Salmon, former member of the U.S. House of Representatives from Arizona, stated FDA claims are not true, discussed the potential for kratom to help with drug addiction, and asked Council to follow the science.
Curtis Bramble , former Utah Senat or, relayed that several authorities stated that the benefit s of kratom outweigh the negatives and thought it should be made more available.
Mac Haddow, Senior Fellow on Public Policy with the American Kratom Association requested that Council not ban kratom.
Alexander Carp relayed how kratom was helping him manage chronic pain and asked Council to follow the science to protect the Kratom Consumer Protection Act.
Hannah Clark urged Council to reconsider the banning of kratom.
Bruce Kakesh asked that Council reconsider banning kratom and have more public discussion, and shared letters from kratom users.
Daniel Fierro asked for more public education about kratom and read a quote.
Jordan Richards shared his medical history and experience with kratom, and asked Council to reconsider banning it.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 27, 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. 2024-5: Adding Chapter 10.75 (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) Conduct second reading and adopt 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.
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RESOLUTIONS FOR ADOPTION
4. Resolution No. 2024 -13: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 2 Environmental Cleanup Program 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 amended Resolution No. 2024-13, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 2 Grant Program.
5. Resolution No. 2024-14: Indefinitely Waiving Section A.1. of Council Policy B -13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) because it has no potential to have a significant effect on the environment; and
b) Adopt Resolution No. 2024 -14, A Resolution of the City Council of the City of Newport Beach, California, Indefinitely Waiving Section A.1 of Council Policy B -13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park.
6. Resolution No. 2024 -15: Authorization to Establish an Other Post -Employment Benefits Trust with Public Agency Retirement Services
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. 2024 -15, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Public Agencies Post -Employment Benefits Trust (PAPEBT) Administered by Public Agency Retirement Services (PARS), and Appointing the City Manager as the Plan Administrator; and
c) Authorize the City Manager to negotiate and execute the documents to implement the program.
7. Resolution No. 2024 -16: Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit Plans
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. 2024 -16, A Resolution of the City Council of the City of Newport Beach, California, Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit Plans; and
c) Authorize the City Manager to negotiate and execute the documents to implement the 401(a) Defined Contribution Plan with Empower Trust Company, LLC.
8. Resolution No. 2024-17: Creating the Destination Marketing Services Ad Hoc Committee 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. 2024 -17, A Resolution of the City Council of the City of Newport Beach, California, Creating the Destination Marketing Services Ad Hoc Committee; and c) Confirm the appointments of Mayor Will O’Neill, Councilmember Brad Avery, and Councilmember Erik Weigand to serve on the Destination Marketing Services Ad Hoc Committee.
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MISCELLANEOUS
9. Planning Commission Agenda for the March 7, 2024 Meeting Receive and file.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Weigand, to approve the Consent Calendar; and noting the amendments to Items 1 and 4.
With Councilmember Avery voting “no,” the motion carried 6-1.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR – None
XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Adam Leverenz stated he has an offshore mooring permit and thought it was hypocritical that the City is exercising private exclusive use of State land.
XVII. PUBLIC HEARING
10. Ordinance No. 2024 -6 and Resolution Nos. 2024 -18 and 2024 -19: Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes (PA2024-0015)
Mayor Pro Tem Stapleton thanked staff for their time and effort on this matter.
Mayor O’Neill opened the public hearing.
Adam Leverenz asked if a private vehicle sale in front of a residence is considered a commercial use.
Jim Mosher asked Council to clarify the process for delivering receipts to abandoned properties and claiming property after filing an appeal.
Hearing no further testimony, Mayor O’Neill closed the public hearing.
City Attorney Harp indicated that the ordinance does not include private vehicle sales.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Kleiman, 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) waive full reading, direct the City Clerk to read by title only, introduce 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, and pass to second reading on March 26, 2024; c) adopt Resolution No. 2024 -18, A Resolution of the City Council of the City of Newport Beach, California, Setting the Amount of Impoundment Fees Related to Unauthorized Use of Public Property for Commercial Purposes and Amending the Schedule of Rents, Fines and Fees ; d) adopt Resolution No. 2024-19, A Resolution of the City Council of the City of Newport Beach, California, Adding a Part-Time Public Works Maintenance Aide Po sition to the Public Works Department, and Upgrading a Part-Time Code Enforcement Officer Position to a Full-Time Code Enforcement Officer Position Within the Community Development Department ; and e) approve Budget Amendment No. 24 -054, for $36,748.02 in increased expenditure appropriations in FY 2023 -24 for the Unpermitted Commercial Use of Public Property Impounds.
The motion carried unanimously.
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XVIII. CURRENT BUSINESS
11. City Membership in the League of California Cities
Connor Medina, Regional Public Affairs Manager for the Orange County Division of the League of California Cities (Cal Cities), stated that he is also joined by Marshall Goodman, Mayor of La Palma and Orange County Division President. He utilized a presentation to review Cal Cities’ core mission to protect and enhanc e local control, the benefits of membership, the need to have the City at the table on sober living, Proposition 1, and Regional Housing Needs Assessment (RHNA) issues, Cal Cities’ aligned advocacy on other priorities, Newport Beach’s leadership in Cal Cities, and the rate of return on investment.
Councilmember Weigand noted the benefit to the City of having a seat at the table, reviewed what the City receives for the investment, and supported renewing its membership.
Mayor O’Neill discussed the pros and cons of membership, expressed disappointment that Cal Cities called the City’s efforts relative to the Taxpayer Protection Act deceptive, stated the difficulty in supporting an organization that does not support the City in a high profile way, indicated he cannot support an organization that hurts the City this badly, and suggested taking a year off.
Councilmember Grant thought the City has suffered serious disappointment by Cal Cities’ advocacy, asked the City to consider the pros and listed reasons to continue membership, noted the importance of being part of a strong voice to send to Sacramento, supported staying in Cal Cities and thought pulling out for one year is not the right message to be sending, and stated she appreciated the work and attendance of Mr. Medina and Mayor Goodman.
Councilmember Avery thought Cal Cities does a good job but not renewing the City’s membership will send a strong message, expressed an inclination to step aside for a year at the risk of the City looking petulant by other cities, noted challenges living next to poorly managed sober living homes, and expressed support for Mayor O’Neill’s position and the need to protect the safety of the residents.
Councilmember Kleiman thanked Mr. Medina and Mayor Grant for their work, questioned whether Cal Cities ’ has done any material advocacy relative to RHNA, noted Cal Cities' influence on Proposition 1 and its impact to the City, and expressed concern for the responsible use of the City’s dues to represent Newport Beach and its furtherance to reinstate local control.
Mayor Pro Tem Stapleton thanked Mr. Medina for his work and time, stated that mental health facilities in neighborhoods in his District is one of the biggest threats to quality of life, expressed his dissatisfaction with Cal Cities’ direction, and noted that a year off or more sends the message he would like to send.
In response to Councilmember Weigand’s question, City Manager Leung thought Councilmember Grant would have to step down from her position with Cal Cities if the City chose not to renew the membership. Mr. Medina stated that the availability of her seat would be effective immediately in the event of nonrenewal. Additionally, City Manager Leung indicated that the item could be returned to Council for consideration in a year, if desired.
Motion by Mayor O’Neill, seconded by Councilmember 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) direct staff not to renew the City of Newport Beach’s membership in the League of California Cities.
Councilmember Weigand stated for the record that his opposition to the vote has no bearing on Proposition 1 and his feelings are regional and on a greater scope.
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Mayor O’Neill indicated that no one thinks Councilmember Weigand supports Proposition 1 . He asked for public comment, which there were none.
With Councilmembers Weigand and Grant voting “no,” the motion carried 5-2.
XIX. MOTION FOR RECONSIDERATION – None
XX. ADJOURNMENT – 6:13 p.m.
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 March 7, 2024, at 4:00 p.m.
____________________________________________
Will O’Neill
Mayor
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Leilani I. Brown
City Clerk
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