HomeMy WebLinkAbout11/14/2023 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
November 14, 2023
I. ROLL CALL - 4:00 p.m.
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Councilmember Brad Avery,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Nighttime Closure of Public Restrooms
Assistant City Manager Finnigan utilized a presentation to discuss the staff working group,
City -owned public restrooms, a cost comparison between manually and autolocking the
restrooms, and a phased approach.
Mayor Blom expressed gratitude for the effort put forward on this matter.
Julie LaFond noted problems in the Port Streets regarding the City -owned public restrooms,
supported closing them at night, asked that the two Port Street restrooms be moved up in
phasing, and expressed concern relative to increased use of the restrooms after restroom
closures elsewhere in the City. She referenced a letter from the community association board
asking for the Port Street restrooms to be included in phase one or two and offered the assistance
Df its onoosite s_e__c-urity- taff.
Ruth Kobayashi read an email she sent to Council asking that all City restrooms be closed
immediately and at the same time as the corresponding City facilities close.
Samantha Maya asked that the Irvine Terrace Park restroom be closed, and a nonresidential
park restroom remain open.
Steve McNichols relayed incidents involving homeless individuals using public restrooms at the
Newport Pier and Marina Park.
Eric Spitz noted homeless individuals in the residential area in and around the 19th Street
restrooms, recommended opening a bathroom at the Marina Park site, and asked that the
191h Street restroom be removed.
Jim Mosher expressed the opinion that autolocking is not the best solution, there is supposed to
be 24-hour beach access, and stated concerns with Hepatitis A risks amongst the homeless
population associated with the unavailability of public restrooms at night.
Councilmember Kleiman noted the passing of a homeless individual in the Bonita Creek Park
restroom, stated she does not support phasing unless it is done quickly, and proposed that staff
return with vendor contracts to manually lock all restrooms from 10:00 p.m. to 6:00 a.m. until
automatic locks can be phased -in over time.
Councilmember Weigand supported Councilmember Kleiman's recommendation. In response to
his questions, Public Works Director Webb reviewed procedures for locking restrooms, Assistant
City Manager Finnigan relayed security and clearing approaches, and Recreation and Senior
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Services Director Levin indicated that the Newport Beach Municipal Code (NBMC) provides for
park operating hours from 6:00 a.m. to 11:00 p.m. Councilmember Weigand expressed concern
for a 2:00 a.m. closing at the 19th Street and Balboa Island Fire Station restrooms and thought
it should be changed. In response to his inquiries, Public Works Director Webb reported on the
need for restrooms at night by boaters, the Marina Park restroom closes at 10:00 p.m., ferry
closing hours, and usage of urban restrooms that support a 2:00 a.m. closing time.
Councilmember Stapleton supported Councilmember Kleiman's recommendation, the need for
immediate action regarding the nighttime closure of all public restrooms in the City, noted
positive comments received after the 15th Street restrooms were locked, and stated that every
restroom was locked during a Moonlight Monument Tour in Washington, D.C.
Councilmember Grant supported providing clear direction for proper use of City property,
proactive measures to bring back safety that may be missing in the community, deferred to staff
to identify the best path and an interim method for clearing the restrooms.
Mayor Blom appreciated the staff report, options, public input, and supported finding a solution.
Councilmember Kleiman proposed that staff return with vendor contracts to manually lock all
restrooms nightly from 10:00 p.m. to 6:00 a.m., so there is a clear message that all restrooms
are closed nightly.
Mayor Blom restated the recommendation to close all bathrooms from 10:00 p.m. to 6:00 a.m.,
directed staff to coordinate the nighttime closure, and prepare a Request for Proposal (RFP) for
service.
A straw vote in favor of moving forward with the recommendation was supported unanimously.
SS3. Library Lecture Hall
Public Works Director Webb and Finance Director Al -Imam utilized a presentation to review
the project location, approved concept, project background, current project status, the cost per
square foot, total project cost summary, projected annual operational costs, the Newport Beach
Public Library Foundation funding contributions, shortfall funding, and temporary gap funding.
In response to Mayor Pro Tem O'Neill's question, Finance Director Al -Imam confirmed the
shortfall funding calculation and approach.
Public Works Director Webb utilized the presentation to review next steps.
Newport Beach Public Library Foundation Chair Kevin Barlow utilized a presentation to review
the Foundation's mission statement, public/nonprofit partnership, the Foundation's role with
the Library Lecture Hall, agreed upon need, the Foundation's funding responsibility, donor
expectations, full operational control and ownership by the City, the Foundation's request for
approval, and an increased Foundation commitment of up to $11.7 million.
Jill Johnson -Tucker, Beyond Books Capital Campaign Chair and Chair of the Library Lecture
Hall Design Committee, provided a project history, utilized a presentation to review
background, programming and attendance statistics, capacity, future program ideas, fees, next
steps, and fundraising efforts. She asked that Council accept the low bid.
Larry Tucker reviewed the fundraising efforts and pledges, cash flow, costs, asked whether a
$23.5 million facility for half price is a worthy bargain and if the City can afford an $11.5 million
expenditure for a community auditorium, noted the City's long-term fiscal forecast, debt service
expense on the City Hall, the City's large surpluses even with budgeted expenses and liabilities,
available funding and borrowing capabilities, interest rates, the want versus need approach,
and affordability. He expressed hope that Council will focus on the long run.
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Mayor Pro Tem O'Neill reviewed the project background, a $17 million commitment from the
City equaling four times the amount at the project start, population percentage of use, project
scale back possibilities, square footage costs, capital reserves, Facilities Financing Plan (FFP)
projects, concern for the project's capital costs, use of surplus funds and Neighborhood
Enhancement Funding, the current Memorandum of Understanding (MOU), possibly applying
a surcharge on ticket sales to offset facility costs, and concern for leveraging to recover the extra
$5 million. He expressed appreciation for all the work done on this project and everyone involved
but struggled to support it.
Councilmember Stapleton recognized the importance of the project, appreciated the
public/private partnership, thanked everyone involved, and expressed interest for moving the
project forward. He suggested reimagining the original intent and use of the building, reviewed
his tour of the Newport Theater Arts Center with Councilmember Avery and future $10 million
remodel plan included in the FFP, stated it is not in the City's best interest to build two
auditoriums within a. certain period, suggested a combined project, and hoped for continued
community support.
Councilmember Avery stated being a fan of the project and aware of the runaway building costs,
expressed concern for keeping the lecture hall filled to capacity at all times to make it
cost-effective, questioned taking the financial risk, hesitated in giving his support, thought the
project needs to match the extraordinary community, congratulated everyone involved in the
fundraising efforts, and remained concerned about the buildings use and programming.
Councilmember Kleiman appreciated the effort behind the project development and fundraising,
supported an auditorium for various uses, expressed concern for high estimates and ongoing
maintenance costs, the collection of pledges and possible shortfalls, and rising costs of Capital
Improvement Projects (CIP) and support staff, and noted her opposition for using taxpayer
dollars to fund the project as proposed at this time.
Councilmember Grant expressed gratitude to the community, supported moving forward with
the community auditorium, concurred with Councilmember Stapleton's suggestion to merge the
Newport Theater Arts Center and Library Lecture Hall, recognized creative and innovative
ideas, supported expanding the library, and expressed the opinion that it all can be brought
together in the existing footprint, the City can afford the project and should make the
investment, and delays are cost prohibitive.
In response to Councilmember Weigand's question, Public Works Director Webb relayed that
approximately $4 million of American Rescue Plan Act (ARPA) money was swapped with FFP
funds for the fuel system at the Corporate Yard. Councilmember Weigand wondered if the
builder would find the current footprint sufficient to combine the project with the Newport
Theater Arts Center, supported building the theater, and expressed concern for bid increases
and project logistics and confidence in long-term programming and funding. In response to
Mayor Blom's question, Public Works Director Webb stated that the current plans are complete
and ready to move forward. Mayor Blom thought that a lot of work and a full plan redesign
would be required to assess the project footprint. Councilmember Weigand expressed disinterest
in taking actions that make the situation worse, supported the project and combining the two
entities, and expressed concern if the lecture hall does not happen soon.
Mayor Blom expressed support for improving infrastructure, recognized a long-term vision,
supported moving forward with the project, understood the concerns, and thought it was good
business to fully utilize the space.
Kory Kramer, Eagle Four Partners, supported new investments and the Library Lecture Hall,
and asked Council to green light the project.
Nancy Gardner supported the Library Lecture Hall project.
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Dennis Baker supported the Library Lecture Hall project.
Jeff Cole supported the Library Lecture Hall project.
Jim Mosher supported the Library Lecture Hall project and expressed concern for rising costs.
Steve Rosansky, President of the Newport Beach Chamber of Commerce, suggested not letting
the costs be a deterrent, suggested various uses for the venue, and thought the revenue potential
could result in a net positive.
Dorothy Larson supported the Library Lecture Hall project.
Councilmember Stapleton recommended rejecting the current bid and immediately re-forming
the City Council Ad Hoc Library Lecture Hall Committee to create a cultural arts center in
Newport Beach.
Mayor Pro Tem O'Neill noted the risk of increased costs if another bid occurred, emphasized
cost prudency, and supported the creative solutions by Councilmembers Avery and Stapleton.
Councilmember Grant supported approving the project and noted the cost for a state-of-the-art
facility, community commitment, credibility of the Newport Beach Public Library Foundation,
the impact of delays, and a combined effort by all arts entities.
Mayor Blom asked for a straw vote on Councilmember Stapelton's proposal to re-form the City
Council Ad Hoc Library Lecture Hall Committee to create a cultural arts center. Mayor Pro Tem
O'Neill and Councilmembers Kleiman and Stapleton voted in favor.
In response to Councilmember Avery's question, Public Works Director Webb reviewed the
timeline, project impact, and cost risks if the proposal is approved.
Councilmember Grant suggested accepting the bids and moving forward to find a compromise
within the community to incorporate arts, business, and culture with a separate MOU
agreement. City Manager Leung relayed that the current MOU with the Foundation needs to
be amended to match the dollar amount with the current bid.
In response to Councilmember Weigand's question, Mayor Pro Tem O'Neill clarified that a
discussion about the amended MOU terms would be needed if the project is approved.
Councilmember Avery expressed concern for higher bids and unknown expenses, and interest
in providing for flexible uses.
A straw vote in favor of moving forward with the project was supported by Mayor Blom and
Councilmembers Grant, Avery, and Weigand.
In response to City Manager Leung's request for guidance about revising the MOU, Mayor Pro
Tem O'Neill reviewed the terms of the current MOU and questioned the dollar percentage the
City will be providing and the City's annual financial responsibility for facility maintenance.
Councilmember Avery supported having every group using the building contribute to the
maintenance costs.
Larry Tucker reviewed the terms of the MOU, facility income opportunities, parking, questioned
facility maintenance contributions from users that already paid $11 million, and supported
getting the project done.
City Manager Leung suggested bringing the item back at the January 9, 2024 City Council
meeting and having the City Council subcommittee work with staff to revise the MOU.
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Mayor Pro Tem O'Neill suggested that three of the Councilmembers who voted in favor of the
project be selected for the subcommittee.
III. PUBLIC COMMENTS
Regarding Item 24 (Amendments to the NBMC and City Council Policies), Laura Curran noted she
submitted a letter, commented on amendments to the NBMC, and suggested abbreviations be written
out and staff provide explanations for key provisions that are struck out.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles, and announced that
City Clerk Brown will be recusing herself on Items IV.D and IV.E due to potential impacts to
her finances.
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: The American Legion Newport Harbor Post No. 291, located at 215 15th Street, Newport
Beach, California, 92663.
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: Robert Wine.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1): 1 matter
Randy Parker v. City of Newport Beach
Workers' Compensation Appeals Board Case No. ADJ18422467
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace Leung, City Manager and Barbara Salvini, Labor
Negotiators.
Employee Organizations: Newport Beach Firefighters Association (NBFA)
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 1 matter
Title: Leilani Brown, City Clerk
E. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Noah Blom, Mayor, and Will O'Neill, Mayor Pro Tem.
Unrepresented Employee: Leilani Brown, City Clerk.
V. RECESSED - 6:26 p.m.
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VI. RECONVENED AT 6:58 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Councilmember Brad Avery,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Pastor David Manne, Calvary Chapel of Costa Mesa
X. PLEDGE OF ALLEGIANCE - Mayor Blom
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Stapleton:
• Congratulated Ron Simon and the Simon Scholarship winners; the Newport Beach Chamber of
Commerce's Citizen of the Year, Laird Hayes, and Businessperson of the Year, Robert Olson; Mark
O'Ravitz for the Knights of Columbus' Annual Newport Beach Classic Car and Truck Festival; and
Ron Salisbury for the 100th Anniversary of El Cholo Restaurant
• Attended the Southern California Edison leadership roundtable at UCI
• Announced the OASIS Thanksgiving luncheon
• Displayed a photo of the 9th graduating class of the Distinguished Citizens Program
Councilmember Grant:
• Recognized the Newport Beach Police Department, the Newport Beach Fire Department, and the
Orange County Fire Authority for their efforts in the Tustin North Hangar fire; and the American
Legion, Balboa Island Improvement Association, and all organizations that observed Veterans Day
Mayor Pro Tem O'Neill:
• Attended the Harbor Day School Grand Opening, a Finance Committee Meeting, and the Newport
Beach Chamber of Commerce's Citizen and Businessperson of the Year event
• Wished everyone a happy and safe Thanksgiving
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider formally opposing the language, contained in Governor Newsom's March 2024
general obligation bond measure to fund behavioral health facilities, that calls for a
by -right approval process for adult substance uses disorder residential programs and
recovery housing located in multi -family residential zones [Kleiman and Weigand]
The City Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 1 (Minutes for the October 24, 2023 City Council Meeting), Councilmember Weigand
clarified that his recusal was for Closed Session Item IV.A, not Closed Session Item IV.B.
Hein Austin addressed Item 4 (Allowing Short -Term Mooring License Agreements and Establishing
Fair Market Value License Fees for Offshore and Onshore Moorings), expressed concern about the rates
per square foot suggested for Newport Harbor, and provided a handout.
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Regarding Item 4, Wade Womack, on behalf of the Newport Mooring Association (NMA) Committee,
urged the City to postpone action to allow time for the City -owned mooring rates to be studied by NMA,
reviewed the pending appraisal for the permitted moorings, and provided a handout.
Jim Mosher inquired about the City's contributions regarding Item 6 (Summary Vacation of Existing
Public Water Easement at 4839 Cortland Drive); questioned what is being deleted in Item 10 (Amending
City Council Policy F-7); pointed out two additional locations on University and Bison Avenues found
on the vicinity map for Item 12 (Street Pavement Repair Program); noted the contract includes a former
finance director in Item 16 (Evaluation of Potential Options for Exiting the Laborer's International
Union of North America Supplemental Retirement Plan); and asked to be added to the Board of Library
Trustees nomination list in Item 20 (Nominations to Fill the Unscheduled Vacancy on the Board of
Library Trustees).
Regarding Item 4, Chris Benzen thought the matter does not need to be decided on, suggested auctioning
the mooring anytime the City consumes a mooring, and advocated for better communication to renters
related to harbor changes.
Chris Webb commented on Item 9 (Declaring a Portion of City -Owned Property at the Balboa Yacht
Basin as Surplus Land) discussed the impacts on the garages if development occurred and took issue
with the lack of notification with stakeholders or tenants.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 24, 2023 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 INTRODUCTION
3. Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and
Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach
Municipal Code and Repealing City Council Policy H-1
Remove from the agenda.
4. Ordinance No. 2023-17 and Resolution No. 2023-62: Allowing Short -Term Mooring License
Agreements and Establishing Fair Market Value License Fees for Offshore and Onshore
Moorings
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. 2023-17,
An Ordinance of the City Council of the City of Newport Beach, California, Adding Section
17.60.045 (Short -Term Mooring Licenses) to Chapter 17.60 (Harbor Permits and Leases) of the
Newport Beach Municipal Code Regarding Short -Term Mooring Licenses, and pass to second
reading on November 28, 2023;
c) Adopt Resolution No. 2023-62, A Resolution of the City Council of the City of Newport Beach,
California, Setting the Fair Market Value License Fee for Short -Term Moorings Located Upon
Tidelands in Newport Harbor; and
d) Approve Budget Amendment No. 24-032 anticipating $22,306 in revenue from the licensing of
City moorings in the current fiscal year (10045451-551034).
RESOLUTIONS FOR ADOPTION
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5. Resolution No. 2023-63: Certifying Funding Listed in the Federal Transportation
Improvement Program (FTIP)
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. 2023-63, A Resolution of the City Council of the City of Newport Beach,
California, Certifying that the City of Newport Beach has the Resources to Fund the Projects in
the Federal Transportation Improvement Program for Federal Fiscal Years 202425 to 2029130
and Affirming its Commitment to Implement All City Projects in the Program.
6. Resolution No. 2023-64: Summary Vacation of Existing Public Water Easement at
4839 Cortland Drive
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 project will not result
in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2023-64, A Resolution of the City Council of the City of Newport Beach,
California, Summarily Vacating a Public Water Easement at 4839 Cortland Drive (Portion of
Lot 13 of Tract 3519) and Directing the City Clerk to Record Same with the County Recorder's
Office;
c) Direct staff to process the summary vacation of said easement; and
d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the
Orange County Recorder.
Council Member Kleiman recused herself due to property interest conflicts.
7. Resolution No. 2023-65: Emergency Management Performance Grant Authorization
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2023-65, A Resolution of the City Council of the City of Newport Beach,
California, Providing Written Authorization to the State of California Governor's Office of
Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal
Department of Homeland Security, Federal Emergency Management Agency.
8. Resolution No. 2023-66: Medi-Cal Managed Care Rate Range Intergovernmental Transfer
(IGT) Program for Cost Recovery of Emergency Medical Services for Calendar Year 2022
(C-8085-2F & C-8085-3G)
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. 2023-66, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and
Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate
in the Rating Period of January 1, 2022 Through December 31, 2022 Medi-Cal Rate Range
Intergovernmental Transfer (IGT) Program;
c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding
Transfer of Public Funds with the California Department of Health Care Services;
d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement
Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and
e) Approve Budget Amendment No. 24-033 appropriating $419,272 in increased expenditures in
Account No. 01040404-821008 (IGT) from the General Fund unappropriated fund balance and
increasing revenue estimates related to the Medi-Cal IGT Program by $1,017,509 in Account
No. 01040404-431246.
9. Resolution No. 2023-67: Declaring a Portion of City -Owned Property at the Balboa Yacht
Basin (BYB) Located at 829 Harbor Island Drive as Surplus Land
Remove from the agenda.
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10. Resolution No. 2023-68: Amending City Council Policy F-7 (Income and Other Property)
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. 2023-68, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-7 (Income and Other Property).
CONTRACTS AND AGREEMENTS
11. 2022-2023 Citywide Facilities Painting Project (Project No. 23F02) — Notice of Completion
for Contract No. 8940-1
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; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
12. Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) (Project No. 241103)
— Award of Contract No. 9379-1
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no
expansion of use) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 9379-1 to Hardy & Harper, Inc. for the bid price of $1,652,000 for the Street
Pavement Repair Program (FY 2022-23 and FY 2023-24), and authorize the Mayor and City
Clerk to execute the contract; and
d) Establish a contingency of $165,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
13. Approval of Amendment No. 2 to On -Call Maintenance and Repair Agreements for
Asphalt and Concrete Street Repairs Services with Hardy & Harper, Inc. (C-8508-3)
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. 2 to the On -Call Services Agreement with Hardy & Harper, for
as -needed asphalt and concrete street repair services for an additional not -to -exceed amount of
$500,000, and authorize the Mayor and City Clerk to execute the agreement.
14. Ocean Boulevard Bluff Park— Professional Conceptual Design Services Contract (C-9463-
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;
b) Approve Budget Amendment No. 23-035 transferring project savings from the Civic Center Park
Improvements — Transportation Center Pickleball project and appropriating $109,680 in
increased expenditures in Account No. 53601-980000-23L01; and
c) Approve Professional Services Agreement with Rabben/Herman of Newport Beach, for
conceptual design services of the Ocean Boulevard Bluff Park for a total not -to -exceed amount
of $109,680, and authorize the Mayor and City Clerk to execute the Agreement.
15. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well
Management Services (C-8490-1)
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
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b) Approve Amendment No. Four to the Professional Services Agreement with Sampson Oil
Company for Oil Management Services, which extends the contract to September 30, 2024, and
increases the contract amount by $500,000, and authorize the Mayor and City Clerk to execute
the agreement.
16. Award of Professional Services Agreement to Eide Bailly, LLP for an Evaluation of
Potential Options for Exiting the Laborer's International Union of North America
Supplemental Retirement Plan (C-9464-1)
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) Authorize the City Manager and City Clerk to execute a Professional Services Agreement with
Eide Bailly, LLP for consulting services for the period ending June 30, 2024, with a total
not -to -exceed amount of $42,000.
17. On -Call Professional Services Agreement for Phlebotomy Services (C-8412-3)
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 a sole source procurement of evidentiary phlebotomy services, thereby waiving the
Request for Proposals requirement of City Council Policy F-14; and
c) Approve an on -call professional services agreement with California Forensic Phlebotomy, Inc.
of Anaheim Hills for evidentiary phlebotomy services for a five-year term, ending November 24,
2028, with a total amount not -to -exceed $285,000, and authorize the Mayor and City Clerk to
execute the agreement.
18. Approval of Vehicle Replacement Purchase Order for One Heavy Duty Mobile Crane
Truck from PB Loader Corporation
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 a Purchase Order for one heavy duty mobile crane truck from PB Loader Corporation
of Fresno for a total amount of $632,848.81; and
c) Authorize a contingency of $32,000 (approximately 5% of the total quote) to cover the cost of
unforeseen changes to the current quote.
MISCELLANEOUS
19. Planning Commission Agenda for the November 9, 2023 Meeting
Receive and file.
20. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board of Library
Trustees
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) Confirm the nominations of Fiona Ivey, Chase Rief, and Jenny Williams to fill the vacancy on
the Board of Library Trustees.
Motion by Mayor Pro Tem O'Neill seconded by Councilmember Stapleton, to approve the
Consent Calendar; and noting the recusal by Councilmember Kleiman to Item 6, the removal of
Items 3 and 9 from the agenda, and the amendment to Item 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
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XVII. PUBLIC COMMENTS ON NON AGENDA ITEMS - None
XVIII. PUBLIC HEARINGS
21. Ordinance Nos. 2023-18 and 2023-19: Tennis and Pickleball Club at Newport Beach at
1602 East Coast Highway (PA2021-260) (C-9465-1)
Councilmember Kleiman recused herself to avoid any appearance of bias due to the work
her spouse's company does.
Assistant City Manager Jurjis and Senior Planner Lee utilized a presentation to review the project
location, background, proposed amendment, comparison from the previous iteration to the current
proposed plan, project entitlements, the development agreement and public benefit fees.
Jonathan Bailey, project manager, utilized a presentation to review the master site plan, summary
of the 2012 approved plan and alternate plan, site plans, sound barrier plan, co -ownership, and
reasons to approve the project.
Mayor Blom stated that while he liked that the lease is signed, he is concerned with pushing back
10 years. In response to his question, Assistant City Manager Jurjis noted that if the project goes
forward then there are enough trip counts for another project, and if it goes the other way, the
applicant will have to modify the project. Mayor Blom questioned the lack of progress in 12 years
and expressed concern for tying up trip counts, the facility, and housing units for 15 years, and noted
the applicant's previous disinterest in providing housing units on the property. He indicated his lack
of support for the project.
In response to Mayor Pro Tem O'Neill's questions, Assistant City Manager Jurjis confirmed that
during the one-year extension, a new project came forward along with a new development
agreement. He confirmed that trips, units, or square footage come out of the statistical area when a
development agreement is issued and is tracked for a 10-year period. He added that there has been
no discussion of extension fees.
Robert O Hill stated that groundbreaking can occur before 2032.
In response to Councilmember Weigand's question, Assistant City Manager Jurjis stated that,
hypothetically, the interim tennis and pickleball courts can remain until 2032 and noted
development agreements generally last for 10 years with one exception for a 15-year development
agreement for the Airport Village project.
Mayor Blom opened the public hearing.
Jim Mosher questioned the public benefit fee, parking and traffic impacts, the proposed General
Plan amendment and impact on Greenlight.
Mr. Bailey stated a willingness to return to a 10-year development agreement.
Robert Strother supported the alternate plan.
Hearing no further testimony, Mayor Blom closed the public hearing.
Mayor Pro Tem O'Neill expressed frustration for the time that has passed, the lack of faith that the
project will be completed in a timely manner, concern for extending it another 15-years, discussed
the extension fee imposed on Hoag Hospital during a similar circumstance, and stated he would like
to see other property owners have the opportunity to pursue development projects.
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Councilmember Grant expressed concern for the time that has passed on the project and a desire to
have the project come to fruition. Robert O Hill stated they will take any time that Council will give
them, relayed the agreement with the other partners, and noted being able to move forward quickly
while remaining sensitive to the pickleball members. Councilmember Grant noted the City is not
currently processing any applications for pickleball at other sites.
Councilmember Weigand suggested changing to a two-year Development Agreement.
Motion by Councilmember Weigand, seconded by Mayor Pro Tern O'Neill, to a) adopt
Resolution No. 2023-69, A Resolution of the City Council of the City of Newport Beach, California,
Adopting an Addendum to Mitigated Negative Declaration No. ND2010-008 for the Tennis and
Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); b) adopt
Resolution No. 2023-70, A Resolution of the City Council of the City of Newport Beach, California,
Approving a General Plan Amendment for the Tennis and Pickleball Club at Newport Beach Located
at 1602 East Coast Highway (PA2021-260); c) adopt Resolution No. 2023-71, A Resolution of the City
Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program
Amendment to the California Coastal Commission to Amend the Newport Beach Country Club
Planned Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach
Located at 1602 East Coast Highway (PA2021-260); d) waive full reading, direct the City Clerk to
read by title only, introduce Ordinance No. 2023-18, An Ordinance of the City Council of the City of
Newport Beach, California, Approving an Amendment to the Newport Beach Country Club Planned
Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach Located
at 1602 East Coast Highway (PA2021-260), and pass to second reading on November 28, 2023; and
e) waive full reading, direct the City Clerk to read by title only, introduce amended Ordinance
No. 2023-19, An Ordinance of the City Council of the City of Newport Beach, California, Approving
a (two-year) Development Agreement for the Tennis Club and Pickleball Club at Newport Beach
Located at 1602 East Coast Highway (PA2021-260), and pass to second reading on November 28,
2023.
With Councilmember Kleiman recusing herself, and Mayor Blom and. Mayor Pro Tern
O'Neill voting "no," the motion carried 4-2.
22. Ordinance Nos. 2023-20 and 2023-21 and Resolution No. 2023-72: Adopting Housing
Element Implementation Noise -Related Amendments, and Resolution No. 2023-73:
Overriding Orange County Airport Land Use Commission's Determination of
Inconsistency (PA2022-0201)
Councilmember Weigand recused himself due to receiving campaign contributions of over
$250.
Assistant City Manager Jurjis provided an overview of the noise contour changes in the General
Plan Amendment to move forward with pending projects and implement the Housing Element,
changes to the Land Use Element, and an override for the inconsistent vote by the Airport Land Use
Commission (ALUC).
Mayor Blom opened the public hearing.
Jim Mosher noted he submitted corrections to the amendment and opposed approving the matter.
Jim Auster opposed the noise map revisions and any housing development in the 65-decibel zone
and asked Council to consider an amendment to the proposal to delay development within the
65-decibel zone until all other sites with lower impact are developed to meet the housing mandate.
Hearing no further testimony, Mayor Blom closed the public hearing.
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Motion by Mayor Blom, seconded by Mayor Pro Tern O'Neill, to a) find the Amendments are
exempt and not subject to further environmental review under the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would
not allow development of greater intensity than is allowed under the 2006 General Plan, including
the Newport Airport Village Planned Community, as amended. The updated noise contours, and
impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport (JWA)
Settlement Agreement Amendment Environmental Impact Report No. 617; b) Adopt Resolution
No. 2023-72, A Resolution of the City Council of the City of Newport Beach, California, Approving
Amendments to the Land Use and Noise Elements of the General Plan, Related to Noise in the Airport
Area Necessary to Implement the 61h Cycle Housing Element (PA2022-0201); c) waive full reading,
direct the City Clerk to read by title only, introduce Ordinance No. 2023-20, An Ordinance of the
City Council of the City of Newport Beach, California, Approving An Amendment to Title 20
(Planning and Zoning) of the Newport Beach Municipal Code Related to Noise in the Airport Area
Necessary to Implement the 61h Cycle Housing Element (PA2022-0201), and pass to second reading
on November 28, 2023; d) waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2023-21, An Ordinance of the City Council of the City of Newport Beach, California,
Approving Amendments to Newport Place Planned Community Development Plan (PC-11) and
Newport Airport Village Planned Community Development Plan (PC-60) Related to Noise in the
Airport Area Necessary to Implement the 61h Cycle Housing Element (PA2022-0201), and pass to
second reading on November 28, 2023; and e) adopt Resolution No. 2023-73, A Resolution of the City
Council of the City of Newport Beach, California, Finding Amendments to the Noise and Land Use
Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code,
Newport Place Planned Community Development Plan (PCI1) and Newport Airport Village Planned
Community Development Plan (PC-60), Related to Noise in the Airport Area Necessary to Implement
the Oh Cycle Housing Element are Consistent with the Purposes of the State Aeronautics Act and
Overriding the Orange County Land Use Commission's Determination that the Amendments are
Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0201).
With Council Member Weigand recusing himself, the motion carried 6-0.
23. Resolution Nos. 2023-74 and 2023-75: Conduct a Public Hearing and Consider Water and
Sewer Rate Adjustments
Utilities Director Vukojevic reviewed community outreach efforts to communicate the rate
adjustments and asked Council to approve the updated rates to keep up with inflation, pending the
protest report from the City Clerk.
Mayor Blom opened the public hearing. Hearing no testimony, he closed the public
hearing.
City Clerk Brown announced that one protest was received from a property owner and none from
non -property -owning customers; and that in absence of a majority of valid protests, the City Council
could adopt the resolutions that establish water and sewer rates and charges.
Motion by Councilmember Avery, seconded by Mayor 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; b) direct the City Clerk to tabulate the results of the protests
received from property owners and customers and announce the findings; c) adopt Resolution
No. 2023-74, A Resolution of the City Council of the City of Newport Beach, California, Establishing
Water Rates and Charges Effective January 1, 2024, and Four Years of Phased In Increases Thereto;
and d) adopt Resolution No. 2023-75, A Resolution of the City Council of the City of Newport Beach,
California, Establishing Sewer Rates and Charges Effective January 1, 2024, and Four Years of
Phased In Increases Thereto.
The motion carried unanimously.
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24. Ordinance No. 2023-22 and Resolutions No. 2023-76, 2023-77 and 2023-78: Adding,
Amending, and Repealing Provisions of the Newport Beach Municipal Code and City
Council Policies
Mayor Blom relayed that this matter was reviewed during a recent study session.
Mayor Blom opened the public hearing.
Jim Mosher suggested that, in the future, a single -subject rule is followed in which only one main
issue is addressed at a time to avoid confusion in what is enacted. He further suggested the
availability of an online copy and questioned the delegation of responsibility on page 24-517.
Hearing no further testimony, Mayor Blom closed the public hearing.
Mayor Pro Tem O'Neill stated that every effort was made to ensure transparency and noted that
the NBMC will be smaller at the year end than at the start of the year.
Motion by Mayor Pro Tem O'Neill 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. 2023-22, An Ordinance of the City Council of the City of
Newport Beach, California, Adding, Amending, and Repealing Various Provisions of the Newport
Beach Municipal Code, and pass to second reading on November 28, 2023; c) adopt Resolution
No. 2023-76, A Resolution of the City Council of the City of Newport Beach, California, Authorizing
Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend
Title 21(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related
to the Comprehensive Municipal Code Update (PA2022-0219); d) adopt Resolution No. 2023-77, A
Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy
F-12, Establishing a Regulatory Framework for Operation and Permitting of Taxicab Businesses,
Drivers, and Vehicles that are Substantially Located Within the Jurisdictional Boundaries of the
City; and e) adopt Resolution No. 2023-78, A Resolution of the City Council of the City of Newport
Beach, California, Amending and Repealing Various City Council Policies.
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT -Adjourned at 8:21 p.m. in memory of James Lawson Pirdy and Peter Shea
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
November 9, 2023, at 4:00 p.m.
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