Council approves consent calendar; public questions CR&R refund request, Basin Marine lease noted, Travis Purdy appointed unanimously

The Newport Beach City Council on Jan. 28 unanimously approved the consent calendar covering items 1 through 16, with the meeting record noting recusals on two items. The council also appointed Travis Purdy to the Parks, Beaches and Recreation Commission by a unanimous vote.

Public comment drew attention to item 8, the city’s contract with CR&R, the residential trash hauler for parts of Newport Beach where the city provides service. Resident Jim Mosher told the council that the contract allows a pass‑through of cost changes but caps annual increases at 5 percent; according to Mosher, CR&R is asking the city to cap decreases at 5 percent as well and to apply that cap retroactively to July 1.

Mosher referenced the California Constitution in arguing that retroactive extra compensation could constitute a prohibited gift of public funds: “Our California constitution, article 11 section 10 a, says that when somebody contracts with a city to provide services at a agreed to cost, they're expected to provide the services at the cost that they agreed to,” he said. Mosher added that the company told the city its costs fell 7 percent and that it considered a 7 percent refund unfair unless capped.

City Attorney Harp responded to the Mosher’s legal concern during public comment, saying there is case law relevant to charter cities: “So there is actually some case law out there that supports, charter cities as a municipal fair being able to do things that maybe general law cities aren't able to do. And so, the point he raised about gift of public funds, that wouldn't apply here in this instance.” The council did not take separate action on item 8 during open session beyond approving the consent calendar as presented.

Adam Leverenz spoke during the consent‑calendar public comment period about item 12, a long‑term lease for Basin Marine at a portion of Balboa Yacht Basin, City Marina. Leverenz urged the city to continue designating city‑owned waterfront properties for coastal or water‑dependent businesses and service industries.

The meeting record notes that Council Member Blom recused himself from item 10 for a business interest and that Mayor Joe Stapleton recused himself from item 12 due to proximity of a client. After public comment and the council motion to approve the consent calendar (with the two recusals noted), the clerk announced the motion carried unanimously, 7–0.

On current business, the council filled an unscheduled vacancy on the Parks, Beaches and Recreation Commission. The clerk said the candidate needed four votes to be appointed; the roll‑call announcement showed every member — Barto, Weber, Blom, Grant, Wagon, Kleinman and Stapleton — voted for Travis Purdy, and the appointment was recorded 7–0.

The council also took a straw vote on a planning request: Mayor Pro Tem and Council Member Weber requested the council consider creating an ad hoc committee to review applications for public service programs funded by the Community Development Block Grant (CDBG). The council’s straw vote was unanimous, 7–0, to consider the item at a future meeting.

Ending: The consent calendar and the appointment closed the council’s regular business for the evening. No further open‑session action was taken on the CR&R rate‑adjustment question at this meeting; the city attorney’s guidance was limited to the public‑comment exchange.