HomeMy WebLinkAbout01/23/2024 - Regular MeetingCITY OF NEWP RT BEACH
City Council Meeting Minutes
Regular Meeting
January 23, 2024
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. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Adam Leverenz expressed concern for the Netzer and Associates appraisal report regarding offshore
mooring, thought the valuation comparisons are too high, and asked Council to consider the historic
rates.
Ida Wolff thought that permits should not be required for outdoor seating in the Balboa area. She also
discussed the the Ben Carlson statue and requested it be removed.
Anthony McDonald expressed concern for the public's health and safety at the Extended Stay America
hotel located at 4881 Birch Street, recounted incidents at the hotel, and asked Council to address the
conditions. Mayor O'Neill encouraged Mr. McDonald to contact the Police Department or Code
Enforcement.
An unidentified speaker questioned what the City is doing about the homeless situation.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini, Human
Resources Director, Negotiators.
Employee Organizations: Newport Beach Professional and Technical Employee Association
(NBPTEA) and Newport Beach City Employees Association (NBCEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9 (d)(1)): 1 matter
Dorothy L. Palen — Safekeeping Will
Orange County Superior Court, Case No. 30-2022-01307024-PR-OP-CMC
IV. RECESSED — 4:11 p.m.
V. RECONVENED AT 5:09 P.M. FOR REGULAR MEETING
VI. 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
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January 23, 2024
VII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
VIII. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa
IX. PLEDGE OF ALLEGIANCE — Councilmember Avery
X. PRESENTATION
• Proclamation Recognizing Marie Case
Mayor O'Neill read and presented a proclamation to Marie Case to recognize her service to the
community.
Mayor Pro Tem Stapleton expressed his pleasure serving the community with her and thanked her for
her service to the City.
Ms. Case expressed her honor and gratitude for the recognition.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Attended a League of California Cities (Cal Cities) meeting relative to Proposition 1, the Orange
County State of the Homeless Address, an Orange County Council of Governments (OCCOG) special
meeting, the Newport Beach Foundation event that brought the TK Burger truck to the Police and
Fire Departments, and an Aviation Committee meeting
Councilmember Avery:
• Attended the Orange County Sanitation District Board of Directors meeting
• Utilized a slide to discuss the 291h Steet public pier (Item 8)
Councilmember Weigand:
• Thanked City Clerk Brown for assisting him with a Council Chambers tour for Girl Scout
Troop 1377
• Thanked Utilities Director Vukojevic for encouraging him to apply for the vacant Board of Directors
seat on the Orange County Water District (OCWD) and announced being selected to serve as the
Division 7 Director
Councilmember Grant:
• Congratulated Councilmember Weigand for being selected as the OCWD Division 7 Director
• Recognized the Point -In -Time Count and annual Homeless Outreach Update Services Report
(Item 18), and thanked staff for preparing it
• Attended her first Transportation Corridor Agency (TCA) meeting and a Cal Cities Division Board
meeting
• Joined veterans at the American Legion for a meeting regarding integrating veterans back into the
community after serving our country
Mayor Pro Tem Stapleton:
• Attended the Boat Parade Awards Dinner and extended congratulations to the winners, and a
Newport Beach Foundation event that brought the TK Burger truck to the Police and Fire
Departments
• Participated in the Point -In -Time Count with Mayor O'Neill and thanked Police Officer Thompson
and Homeless Coordinator Basmaciyan
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• Congratulated Public Works Director Webb and Assistant City Engineer Sinacori for the completion
of the sand replenishment project
Mayor O'Neill:
• Attended a Corona del Mar Residents Association (CdMRA) meeting to discuss City policies, and a
Talking Sports session at OASIS Senior Center
• Participated in the Point -In -Time Count and thanked the staff members who participated with him
• Congratulated Councilmember Weigand for being selected on the OCWD Board
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider conducting a study session to discuss whether the benefits of membership in
the League of California Cities (Cal Cities) outweighs the downside of Cal Cities'
consistent policy positions that contradict resolutions and priorities articulated by this
City Council [O'Neill]
The City Council unanimously concurred to bring the matter back at a future meeting.
NIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher discussed why he believes that Item 3 (Bayward Piers and Floats) conflicts with State law,
all Council activities should be subject to the Brown Act, the committee in Item 5 (Ad Hoc Technology
Implementation and Integration Committee) should have an end date, it is premature to repave some
of the areas in Item 9 (East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening
Canyon Road Drainage Improvements), and the assessed and actual property values for the City are
not listed on page 222 and the water rate revenue table does not make sense on page 248 of Item 16
(Financial Statement Audit Results).
Regarding Item 5 and at the request of Mayor O'Neill, City Attorney Harp stated that an expiration
could be included in the resolution that would sunset the committee after providing a recommendation
to the City Council or at the end of October 2024.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 9, 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
Ordinance No. 2024-1: 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
a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3. Additionally, find the introduction and
adoption of this ordinance is exempt from CEQA environmental review pursuant to Sections
15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines;
and
b) Conduct second reading and adopt Ordinance No. 2024-1, An Ordinance of the City Council of
the City of Newport Beach, California, 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.
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RESOLUTIONS FOR ADOPTION
4. Resolution No. 20244: Supporting Submission of Grant Applications Under the Orange
County Transportation- .Authority Measure M2 Project V Program for Local Transit
Services
a) Determine this.. action. is exempt from the California Environmental Quality Act (CEQA)
pursuant to. Sections 15:060(o)(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. 2024-4, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Approving Submittal of Funding Applications to the Orange County
Transportation, Authority for Funding Under the Project V Community -Based Transit/
Circulators Program..
Councilmemborl'l n-t recused .himself from li.
Item 4 due to real property interest con�,its.
5. Resolution No. 2€124 5c Establishing the Ad Hoc Technology Implementation and
Integration Committee
a) Determine this >action`. is 'ex- enipt 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 amended Resolution No. 2024-5, A Resolution of the City Council of the City of Newport
Beach, California, Creating the Ad Hoc Technology Implementation and Integration Committee;
and
c) Confirm Mayor Will O'Neill's appointments of Mayor O'Neill, Mayor Pro Tem Joe Stapleton and
Councilmember Lauren IGeiman to serve on the Ad Hoc Technology Implementation and
Integration Committee.
CONTRACTS AND AGREE1ldENTS
6. Bonita Creek Community Center Improvements —Award of Contract No. 9333-1 (23F02)
a) Find this project-exempbfrom:the California Environmental Quality Act (CEQA) pursuant to
Section 15301(d); 'Class 1 (restoration or rehabilitation of deteriorated facilities involving
negligible or no expansion of existing 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: 9333-1 to'.R'Dependable Construction Inc. for the total bid price of $489,860
for the FY 2023-2024 Bonita Creek Community Center Improvements, and authorize the Mayor
and City Clerk to execute the contract; and
d) Establish a contingency ,of .$75,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Approval and Award of On. -Call Maintenance/Repair Services Agreement with Joslin
Mobile, Inc. for Vehicle Customization and Upfitting Services (C-7508-3)
a) Determine this action, is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(e)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in ap.hysical change to the environment, directly or indirectly; and
b) Approve an On -Call MaititenancelRepair Services Agreement with Joslin Mobile Inc. for vehicle
customization and, upfitting services for a five-year term and a total amount not -to -exceed
$1,045,000 and authorize the Mayor and City Clerk to execute the agreement.
8. 29th Street Public Pier — Award of Contract No. 8821-2 (191102)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) 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;
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c) Award Contract No. 8821-2 to Swift Slip Dock & Pier Builders, Inc. for the total bid price of
$244,890 for the 29th Street Public Pier, and authorize the Mayor and City Clerk to execute the
contract; and
d) Establish a contingency of $24,500 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
Councilmember Blom recused himself from Item 8 due to real property interest conflicts.
9. East Coast Highway and: San Miguel Drive Pavement Rehabilitation and Evening Canyon
Road Drainage Improvements — Award of Contract No. 8925-2 (23R11)
a) Find this project.exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class .l (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 Budget Amendment No. 24-047 appropriating $27,600 in new revenue and
expenditures frorri Orairge County Sanitation District to Account Nos. 13501=431075-23R11 and
13501-980000.231111 appropriating $1,079,359 in increased expenditures in Account No.
12101.980000-23R11 from,Gas Tax unappropriated fund balance, appropriating $390,765 in
increased expenditures in Account No. 12201-980000-23R11 from Measure M unappropriated
fund balance, appropriating:: $79,905 in increased expenditures in Account No. 12601-980000-
23R11, and appropriating $76,616 in increased expenditures in Account No. 13701-980000-
23R11 from unappropriated PCH Relinquishment Funds fund balance;
c) Approve the project plans and specifications;
d) Award Contract No. 8925-2 to All American Asphalt for the total bid price of $5,493,934.50 for
the East Coast Highway and San Miguel Drive Pavement Rehabilitation and the Evening
Canyon Road Drainage Improvements project, and authorize the Mayor and City Clerk to
execute the contract; and
e) Establish a contingency of $550,000 (approximately 10% of total bid)' to cover the cost of
unforeseen work not included in the original contract.
10. Fire Station Alerting System — Award of Contract No. 9446-1
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 the project documents and specifications;
c) Award Contract No. 9446-1 to Pacific Coast Cabling, Inc. for the total bid price of $171,425.38,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $8,500 (approximately 5% of the bid) to cover the cost of unforeseen
work not included in the original contract.
11. Authorization for: Michael Baker International to Complete Final Construction
Documents for the Balboa Island Street and Drainage Improvements (Project No. 221113)
(C-8846-1)
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 Michael Baker International to proceed with preparation .of final construction
documents, prepare permit applications, and provide construction services (Tasks 3, 4 and 5) of
the professional services agreement, Contract No. 8846-1, previously approved by the City
Council on July 26, 2022.
Councilmember Blom recused himself from Item 11 due to real property interest conflicts.
12. Award of On -Call Professional Services Agreements for Vessel Removal, Storage and
Disposal Services to Pacific Towing, LLC (C-8697-2) and Perry's Truck and Equipment
Repair LLC (C-7703-3)
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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 two separate On -Call Professional Services Agreements with Pacific Towing, LLC and
Perry's Truck and Equipment Repair LLC for vessel removal, storage and disposal services at a
not -to -exceed amount of $120,000 and $210,000, respectively, and authorize the Mayor and City
Clerk to execute the agreements.
13. Ground Emergency Medical Transport Intergovernmental Transfer Voluntary
Participation for Calendar Year 2024 (C-5635-2)
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 the City of Newport Beach's voluntary participation in the PP-GEMT-IGT program per
AB 1705 for Calendar Year 2024 and authorize the City Manager to execute the Public Provider
Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services
Certification Forms and pay all necessary invoices; and
c) Approve Budget Amendment No. 24-045 increasing anticipated revenues in 01040404-431027
by $1,159,970 and appropriating $210,882.69 in increased expenditures in Account No.
01040404-821010 (PP-GEMT-IGT) for Fiscal Year 2023-24 to make the first two estimated
payments to the State under the PP-GEMT-IGT program for Calendar Year 2024.
14. Professional Services Agreement with RMG Communications for On -Call Educational
and Informational Video Production (C-8824-2)
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; and
b) Approve a Professional Services Agreement with RMG Communications for On -Call
Educational and Informational Video Production at a not -to -exceed amount of $330,000 and
authorize the Mayor and City Clerk to execute the agreement.
MISCELLANEOUS
15. Planning Commission Agenda for the January 18, 2024 Meeting
Receive and file.
16. Financial Statement Audit Results and Related Communication for the Fiscal Year
Ended June 30, 2023
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) Receive and file.
17. Grants and Donations Report for the Quarter Ending December 31, 2023
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) Receive and file.
18. Biannual Update on Homeless Outreach 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; and
b) Receive and file.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Kleiman, to approve the
Consent Calendar; and noting the recusals by Councilmember Blom to Items 4, 8 and 11; and the
amendments to Items 1 and 5.
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The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher suggested that the City revisit the lobbyist registration and disclosure requirements.
Travis Haining thanked the City for their efforts and for hearing the community regarding recovery
facilities and density in his neighborhood. Mayor O'Neill asked Mr. Haining to contact Assistant City
Manager Finnigan to submit his comments.
XVIII. PUBLIC HEARING
19. Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing the
Baldwin & Sons Medical Office at 20 Corporate Plaza (C-9502-1)
Assistant City Manager Jurjis and Associate Planner Perez utilized a presentation to discuss the
existing development, proposed project to convert garage space into medical space, applicant's
request, General Plan Amendment, Planned Community Development Plan Amendment,
Conditional Use Permit, and Development Agreement.
Omar Dandashi, applicant, thanked Council for considering the project and stated he was available
to answer questions.
Mayor O'Neill opened the public hearing.
Jim Mosher expressed concern for the finding of consistency regarding City Charter Section 423
(Greenlight) and pointed out it is a slow growth measure. He also questioned Council's ability to add
40,000 new square feet to each statistical area of commercial development and 100 new residences
without voter approval, and noted that the hotel at the Tennis and Pickleball Club and the Ritz
Carlton residences at the VEA Hotel are missing from the General Plan and would require voter
approval.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Councilmember Blom seconded by Councilmember Avery, to a) find approval of
the project exempt from environmental review under the California Environmental Quality Act
(CEQA) pursuant to Section 15303, Class 3 (New Construction or Conversions of Small Structures)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the
Class 3 exemption includes the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. The exemption also
includes additions of up to 10,000 square feet to an office within an urbanized area on sites zoned
for such use if not using a significant amount of hazardous substances, all necessary public services
are available, and the surrounding area is not environmentally sensitive; b) waive full reading,
direct the City Clerk to read by title only, introduce Ordinance No. 2024-2, An Ordinance of the City
Council of the City of Newport Beach, California, Approving an Amendment to the Corporate Plaza
Planned Community Development Plan (PC-17) for a Medical Office Located at 20 Corporate Plaza
(PA2022-0158), and pass to second reading on February 13, 2024; c) waive full reading, direct the
City Clerk to read by title only, introduce Ordinance No. 2024-3, An Ordinance of the City Council
of the City of Newport Beach, California, Approving a Development Agreement for a Medical Office
Located at 20 Corporate Plaza (PA2023-0158), and pass to second reading on February 13, 2024;
d) adopt Resolution No. 2024-6, A Resolution of the City Council of the City of Newport Beach,
California, Approving a General Plan Amendment for a Medical Office Located at 20 Corporate Plaza
(PA2022-0158); and e) adopt Resolution No. 2024-7, A Resolution of the City Council of the City of
Newport Beach, California, Approving a Conditional Use Permit for a Medical Office Located at
20 Corporate Plaza (PA2022-0158).
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The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 5:49 p.m. in memory of Allan Beek
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
January 18, 2024, at 4:00 p.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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