HomeMy WebLinkAbout01 - MinutesDecember 10, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
November 12, 2024
I.
II.
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
PRESENTATIONS
• Proclamation Recognizing Marie Marston
Mayor O'Neill read the proclamation and conga
Public Works Leaders Award from the Americax
Councilmember Grant noted her long-standing
as the heartbeat of Newport Beach.
on for receiving the 2024 Top 10
ociation.
VIs. Marston and referred to her
Marie Marston thanked Council for the recognition Trnoted her involvement in over 400 projects
for over 60 public agencies, including 19 projects for Newport Beach.
A
Harry Lorick, past President of the Southern California Chapter of APWA, announced that
Ms. Marston is the second candidate in 64 years who is from California working in the private sector
and is well -deserving of the recognition.
• Proclamation Recognizing National NurseNctitioner Week
Mayor O'Neill read the proclamation and presented it to Carol Cunningham who was honored to
accept the recognition and appreciated Council's support.
PUBLIC COMMENTS ON AGEND4AND NON -AGENDA ITEMS
Jim Mosher suggested that, in the interest of transparency, Closed Session Item A.1 be explained to the
public and suggested that, if �Ln agreement is finalized, the item be returned and placed on the open
session agenda. He also discussed a potential contradictory future agenda item related to limiting calls
for service per address for police and fire services (Matter for a Future Agenda).
CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 2 matters
1. Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 1,105 square feet).
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the
944 Via Lido Nord Trust.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
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2. Property: 9080 Talbert Ave., Fountain Valley, California 92708 - APN: 157-132-38.
City Negotiators: Seimone Jurjis, Assistant City Manager, Mark Vukojevic, Utilities Director,
and Lauren Whitlinger, Real Property Administrator.
Negotiating Parties: Harold Betts with RECollective on behalf of the Boer Family Trust.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESSED — 4:16 p.m.
VI. RECONVENED AT 5:10 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 o
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION — Dr. Steven P. Mueller, Vice President, Chief Mission Officer, Concordia
University
X. PLEDGE OF ALLEGIANCE — Councilmember Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
14
Councilmember Kleiman:
• Congratulated the Distinguished Citizen Program (DCP) graduates and Marie Case for being named
Citizen of the Year
Councilmember Avery:
• Attended the Beam Signin�emony for the Witte Lecture Hall
Councilmember Grant:
• Congratulated Citizen of the Year Marie Case and Business Persons of the Year Eagle Four Partners
• Recognized the Newport Beach Film Festival
• Utilized a slide to highlight the Halloween Spooktacular event and a video showcasing the mural of
Balboa Island's history and culture
Mayor Pro Tem Stapleton:
• Announced he got married
• Congratulated and recognized the 11th DCP class, Marie Case, and Eagle Four Partners
• Attended the Veterans Day event on Newport Island
Mayor O'Neill:
• Echoed Councilmembers' announcements
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
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• Consider adopting an ordinance to define excess calls for service to any one property in
a specified time frame, and establish a process for reimbursement to the City in order to
recover costs, disincentivize over utilization, and reduce overburdening, of the City's
essential police, fire, and paramedic resources [Kleiman]
All Councilmembers, except Mayor O'Neill and Councilmember Weigand, concurred to bring the
item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Councilmember Weigand commended staff on their grant preparation for Item 14 (Acceptance of the
State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant).
Regarding Item 9 (Resolution No. 2024-82: Approving an Amendment to the Key and Management
Compensation Plan and Authorizing the City Manager to Enter into Amendment C to the Employment
Agreement with the Fire Chief), City Manager Leung provided an oral report per State law that
summarized the recommendations for total compensation for the Police and Fire Chiefs.
Adam Leverenz supported the development of long-term housingAk
in Item 5 (Ordinance No. 2024-26:
Local Coastal Program Amendment Related to Changing Land Use for the Hanna Residences at 3014
Balboa Boulevard) and asked Council to consider wateAwnt uses instead of the pool project in Item 8
(Resolution No. 2024-81: Initiating General Plan and Zoning Amendments Related to the Lower
Castaways Aquatics Facility).
Jim Mosher stated that he believed the pool use in Item 8 is not consis ent with the current designation
in the General Plan and Coastal Land Use Plan.
XV. CONSENT CALENDAR '
READING OF MINUTES AND ORDINANCES 4
1. Minutes for the October 22, 2024, City Council Meeting
Waive reading of subject minutes, approIs amended, and order filed.
Mayor Pro Tem Stapleton abstained from Item 1 since he was not in attendance at the
meeting.
2. Reading of Ordinanc
Waive reading in full of a Jances under consideration and direct the City Clerk to read by title
only.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2024-29 and Resolution No. 2024-80: Amendments to Ground Lease and
Local Coastal Program Amendments Related to the Lido House Hotel Site (PA2020-068)
(C-5567B)
a) Find this action is consistent with the California Environmental Quality Act (CEQA). Pursuant
to Section 15062 of the CEQA Guidelines, the changes authorized under the project are not
substantial, as they do not involve new significant effects or a substantial increase in the
severity of previously identified significant effects, and therefore, a subsequent Environmental
Impact Report (EIR) does not need to be prepared;
b) Adopt Resolution No. 2024-80, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Local Coastal Program Amendment to Change the Development Limit
Specified in the Coastal Land Use Plan Related to the Lido House Hotel Located at
3300 Newport Boulevard and 475 32nd Street (PA2022-068);
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c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-29, An Ordinance of the City Council of the City of Newport Beach, California, Adopting
a Local Coastal Program Amendment to Change the Development Limit Specified for the Lido
House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068), and pass to
second reading on December 10, 2024;
d) Authorize the City Manager and City Clerk to execute the Second Amendment to Ground Lease
between the City of Newport Beach and Lido House, LLC (Tenant), to update certain terms and
conditions related to mortgage financing of the leased premises, in a form substantially similar
to the agreement prepared by the City Attorney; and
e) Authorize the City Manager and City Clerk to execute the Option Agreement to Ground Lease
with Related Third Amendment to Ground Lease and Third Amendment to Ground Lease
between the City of Newport Beach and Lido House, LLC (Tenant), to incorporate the property
located at 475 32nd Street into the leased premises and allow the Tenant to construct five
cottages and various site and public improvements, in a form substantially similar to the
agreement prepared by the City Attorney.
Councilmember Blom recused himself from Item 3 due to real property interest conflicts.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2024-25: Amending Chapte '15.02 (Administrative Code Related to
Construction and Demolition Waste Permits) of the Newport Beach Municipal Code
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, 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. 2024-25, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Section 15.02.085 (Addition of Section
105.3.1.1) of Chapter 15.02 (Administrative Code) of the Newport Beach Municipal Code, to
Update Administrative Procedures for%he Handling of Permit Deposits and Fees Associated with
Waste Generated from Construction Projects Having a Valuation Over $100, 000 or that Result
in the Complete Demolition of a Structure.
5. Ordinance No. 2024-26: Local Coastal Program Amendment Related to Changing Land
Use for the Hanna Residences at 3014 Balboa Boulevard (PA2020-060)
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment
and local governments are exempt from the requirements of CEQA in connection with the
adoption of a Local Coastal Program, and further that the exceptions to the Class 3 exemption
do not apply; and
b) Conduct second reading and adopt Ordinance No. 2024-26, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code to Change the Zoning District From
Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and to Amend Setback Map S-2B
— Balboa Peninsula to Remove a Front Setback Designation Abutting the Side Property Line For
the Property Located at 3014 Balboa Boulevard (PA2020-060).
6. Ordinance No. 2024-27: Local Coastal Program (LCP) Amendment to Increase the
Development Limit Specified for Bay Island (PA2022-087)
a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, because this project has no potential to have a significant effect on the environment;
and
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b) Conduct second reading and adopt Ordinance No. 2024-27, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) to Change the Development Limit Specified for Bay Island from
23 Dwelling Units to a Maximum of 25 Dwelling Units (PA2022-087).
7. Ordinance No. 2024-28: Amending Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code Relating to Accessory Dwelling Unit Regulations
(PA2021-113)
a) Find this project is statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2
(now 66310 through 66342) of the Government Code are exempt from the requirements of
CEQA; and
b) Conduct second reading and adopt Ordinance No. 2024-28, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2021-003 as Modified by the California Coastal Commission to Amend Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code to Implement
Council Policy K-4 (Reducing the Barriers to the Cnfttion of Housing) and New State Law
Requirements Relating to Accessory Dwelling Units (PA2021-113).
RESOLUTIONS FOR ADOPTION W
8. Resolution No. 2024-81: Initiating General Plan and Zoning Amendments Related to the
Lower Castaways Aquatics Facility (PA2024-0138) Mow
a) Determine the adoption of this resolution is exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to Section 15262 of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves
feasibility or planning studies for possible future actions which the agency, board, or commission
has not approved or adopted; and
b) Adopt Resolution No. 2024-81, A Resolution 04the City Council of the City of Newport Beach,
California, Initiating Amendments to Table LU2 of the General Plan Land Use Element and to
the Castaways Marina Planned Community (PC-37) Development Plan to Increase the Anomaly
54 Development Limit and to Allow a Community Recreational Facility at Lower Castaways
Park, 100 Dover Drive (PA2024-0138).
9. Resolution No. 2024-82:� Approving an Amendment to the Key and Management
Compensation Plan and Authorizing the City Manager to Enter into Amendment C to the
Employment Agreement with the Fire Chief (C-8182-2)
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) Adopt Resolution No. 2024-82, AResolution of the City of Newport Beach, California, Approving
an Amendment to the Key and Management Compensation Plan and Authorizing the City
Manager to Enter into Amendment C to the Employment Agreement with the
Fire Chief; and
c) Authorize the City Manager to Execute Amendment C to the Fire Chief Employment
Agreement.
CONTRACTS AND AGREEMENTS
10. Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for
the Arterial Pavement Rehabilitation Project (Project Nos. 23R15, 25R11 and 25R15)
(Contract No. 8895-3)
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
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b) Approve a professional services agreement with Stantec Consulting Services, Inc. for Arterial
Street Rehabilitation Engineering Design Services for a total not -to -exceed amount of $369,973,
and authorize the Mayor and City Clerk to execute the agreement.
Mayor O'Neill and Mayor Pro Tem Stapleton recused themselves from Item 10 due to their
membership in the Pacific Club.
11. Amendment No. One to a Professional Services Agreement with MetaSource, LLC for
Document Archiving Services (C-7000-4)
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 the amended Amendment No. One to Professional Services Agreement with
Metasource, LLC for Document Archiving Services by $50,000, for a new not -to -exceed amount
of $170,000, and authorize the Mayor and City Clerk to execute the Amendment.
12. Amendment No. One to Lease with Newport Harbor Post No. 291 of the American Legion
for Use of the Real Property and Tidelands Located at 215 15th Street (C-1772)
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing facilities), and Section 15302 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has
no potential to have a significant effect on the environment; and
b) Authorize the City Manager and City Clerk to execute Amendment No. One to Lease Between
the City of Newport Beach and Newport Harbor Post No. 291 of the American Legion for use of
City Property, the uplands and adjacen ' ela located at 215 15th Street, in a form
substantially similar to the amendment to e staff report.
MISCELLANEOUS
13. Budget Amendment to Appropriate a Donati from the Dorothy Arens Ressel Trust to
the Library's Fiscal Year 2024-25 Library Materials Budget
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 Budget mendment No. 25-025 to increase revenue in account number 01060005-
561005 by $15,73 06 and increase expenditures by the same amount in account number
01060005-841052. IM
14. Acceptance of the State of California Office of Traffic Safety Selective Traffic
Enforcement Program Grant PT25191 (C-8201-9)
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) Authorize the City Council to accept a $360,000 Selective Traffic Enforcement Program award
granted to the Newport Beach Police Department by the State of California, Office of Traffic
Safety; and
c) Approve Budget Amendment No. 25-016 increasing NBPD revenue estimates and expenditure
appropriations by $360,000.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Blom, to approve the
Consent Calendar; and noting the amendments to Items 1 and 11, the abstention by Mayor Pro Tem
Stapleton to Item 1, the recusal by Councilmember Blom to Item 3, and the recusals by Mayor O'Neill
and Mayor Pro Tem Stapleton to Item 10.
The motion carried unanimously.
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XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher noted the approach Yorba Linda took to shift community support in favor of their housing
element and suggested that Council have more trust in the public and their ability to understand issues.
XVIII. PUBLIC HEARING
15. Ordinance Nos. 2024-30 to 2024-32 and Resolution No. 2024-83: Adopting a Nexus Study
and Fee Schedule, and Establishing a Development Impact Fee Program
Mayor O'Neill opened the public hearing.
Jim Mosher asked if there is a chance that proposals to the City could escape the need for a
Development Agreement (DA), whether or not applicants would pay impact fees during the
transition period, and if Council should assess park in -lie 1es on the new rental units.
Ik Hearing no further testimony, Mayor O'Neill closed the public hearing.
Mayor O'Neill appreciated staffs work and effort on the matter. 4
At the request of Councilmember Grant, Assistant City Manager Jurjis confirmed that there are
applications pending that will not be subject to fees or a DA, and he is having conversations with
applicants about voluntarily paying the impact fees. Additionally, park in -lieu fees will only apply
to for -sale properties. 40
Motion by Mayor O'Neill, seconded by Councilmomber Blom, to a) determine this action is
exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2),
15060(c)(3), 15273, and 15378(b)(4) of the CEQA Guidelines, because this action will not result in a
physical change to the environment, directly or indirectly; b) adopt Resolution No. 2024-83, A
Resolution of the City Council of the City of Newport Beach, California, Adopting the Development
Impact Fee Nexus Study for the City of Newport Beach and Establishing Development Impact Fees
for Nonresidential and Residential Development (PA021-127); c) waive full reading, direct the City
Clerk to read by title Lly, introduce Ordinance No. 2024-30, An Ordinance of the City Council of
the City of Newport Beach, California, Repealing and Replacing Chapter 14.33 (Water and Sewer
Capital Improvement Fev) to the Newport Beach Municipal Code Authorizing Collection of
Development Impact Fees for Water and Sewer Service Facilities, and pass to second reading on
December 10, 2024; d) waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2024-31, An Ordinance of the City Council of the City of Newport Beach, California,
Adding Chapter 15.43 (Recreation Facilities Improvement Fee) to the Newport Beach Municipal Code
Authorizing Collection of Development Impact Fees for Recreation Facilities, and pass to second
reading on December 10, 2024; and e) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2024-32, An Ordinance of the City Council of the City of Newport Beach,
California, Adding Chapter 15.44 (Public Safety Development Impact Fee) to the Newport Beach
Municipal Code Authorizing Collection of Development Impact Fees for Police and Fire Service
Facilities, and pass to second reading on December 10, 2024.
The motion carried unanimously.
XIX. CURRENT BUSINESS
16. Resolution No. 2024-84: Amending City Council Policy I-10 Including Re -Titling and
Cultural Arts Sculpture Exhibition Proposal
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Mayor O'Neill thanked the City Arts Commission and noted that the staff report was well -written.
Councilmember Grant thanked staff and the City Arts Commission for making the sculpture
exhibition a success, viewed the exhibition as an ongoing City franchise, supported efficient
planning and use of resources, and made a recommendation to continue the $2,500 honorarium per
year per artist instead of decreasing it to $2,000. She also indicated that she opposed any suggestion
that excludes artists outside of Orange County from the exhibition.
Councilmember Blom thanked the City Arts Commission for returning with a fiscally responsible
proposal.
In response to Mayor O'Neill's question, Library Services Director Hartson relayed that the reduced
honorarium amount is for Council's consideration as a cost saving measure and stated that the staff
recommendation is for a $2,500 artist honorarium.
Motion by Councilmember Grant, seconded by Mayor Pro Tern Stapleton, to a) determine
these actions are exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelincs because this action will not result in a
physical change to the environment, directly or indirectly; b) adopt Resolution No. 2024-84, A
Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy
I-10 (Financial Support for Culture and Arts) Including Re -Titling as City Council Policy I-10
(Culture and Arts Grants); and c) approve the City Arts CommisNon's recommendation for a three-
year Sculpture Exhibition in Civic Center Park and determine the artist honorarium allocation per
sculpture.
The motion carried unanimously. AL
17. Agreement with Visit Newport Beach Inc. for Tourism Promotion, Marketing and
Branding Services (C-4961-1) ,4
Mayor O'Neill noted the work on the matter, the importance of continuing robust advertising, noted
that short-term lodging funds would be focused on enforcement and public safety measures, and
expressed his appreciation to the subcommittee.
Kory Kramer read a statement on behalf of Debbie Snavely, Visit Newport Beach (VNB)
Chairperson, which expressed her support for the proposed agreement, applauded the City Council's
working group, recognized the valuable partnership with the City and expressed thanks.
Jim Mosher suggested that the revised agreement include a requirement that VNB board meetings
be made open to the public. He further suggested appointing a City Council representative on the
board and questioned how the proposed revisions are in response to the public's request for defraying
costs associated with Short -Term Lodging (STL).
Adam Leverenz read agenda materials and suggested remaining within the 18% Transit Occupancy
Tax (TOT) budget.
Councilmember Avery noted having productive conversations during subcommittee meetings
focused on striking a balance regarding tourism, recognized the heavy investments in adjacent
hotels and surrounding properties, commented on vacation rentals and the impacts of an
overconcentration of STL units resulting in mismanaged properties, thought VNB is an excellent
organization and voiced his approval of the outcome, and expressed excitement for the future of
tourism in the City.
Councilmember Weigand thanked Councilmember Avery, Mayor O'Neill, and subcommittee and
partners who worked together on the matter. He thought efforts made to finalize the VNB
agreement will be positive for the City.
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Q
Councilmember Grant thanked the subcommittee, commended VNB leadership, and recognized
positive collaboration between City staff and outside consultants which will result in improved
services and accommodations.
Motion by Mayor O'Neill, seconded by Councilmember Grant, 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) approve a five-year agreement with Visit Newport
Beach Inc. for tourism promotion, branding and marketing services, and authorize the Mayor and
City Clerk to execute the agreement.
The motion carried unanimously.
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - Adjourned at 6:02 p.m. in memory of Roger Carlson and Timothy Tamura
The agenda and amended agenda were posted on the Eity'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 6, 2024, at 4:00 p.m., axld November 8, 2024, at 2:30 p.m.
I
Leilani I. Brown -A
City Clerk i4
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December 10, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
November 19, 2024
I. ROLL CALL — 4:01 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. PRESENTATION
• Proclamation Recognizing Pastor Greg Laurie
Mayor O'Neill read the proclamation and presented it to Pastor Greg Laurie who expressed
gratitude for the recognition, highlighted his faith journe d love of Newport Beach, and thanked
Council.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Miles Patricola asked Council to extend his congratulations to his opponent, Sara Weber. He noted his
campaign was focused on e-bike safety, asked Council to elaborate on the matter, and offered a
geofencing solution. Additionally, he suggested a long-term solution to rising sea levels, commented on
a bipartisan solution to address the regional homeless issue, and suggested adding staff to focus on the
matter. 40
Lee Pearl thanked Mayor O'Neill and Councilmembel Avery for their service and support. He also
thanked staff for their work Balboa Island underground project, noting the project is ahead of
schedule and under budget.
IV. CLOSED SESSION -ACouncil Chambers Conference Room
A. CONFERENCE WITH REAL PI PERTY NEGOTIATORS
(Government Code § 54956.8): matters
1. Property: 301 E. Balboa Blvd., Newport Beach, CA 92660 - APN: 048-082-01.
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren 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.
2. Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 1,105 square feet).
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via
Lido Nord Trust.
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Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESSED - 4:16 p.m.
VI. RECONVENED AT 4:58 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 - Mayor O'Neill
X. PLEDGE OF ALLEGIANCE - Boy Scout Troop 695
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Grant:
• Attended the 52nd Citizens Police Academy graduation and a California Sober Living and Recovery
Task Force meeting so
Mayor Pro Tem Stapleton:
• Attended the 52nd Citizens Police Academy graduation
Mayor O'Neill:
• Attended his last Finance Committee meeting
• Announced that the Lido House Hotel received the first ever Ocean Friendly Hotel Award from the
Surfrider Foundation
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider adopting a resolution that provides that any seat on the Finance Committee
held by a Councilmember or Councilmember's appointee is automatically vacated once
the Councilmember is no longer a member of the City Council [O'Neill]
Council unanimously concurred to bring the item back at a future meeting.
• Consider adoption of a resolution amending the resolutions creating the General Plan
Advisory Committee (GPAC) and General Plan Update Steering Committee (GPUSC) to
provide for the annual appointment of members at the first meeting in February of each
year. Existing member terms shall expire each February unless the member is
reappointed to the GPAC or GPUSC [O'Neill]
Mayor Pro Tem Stapleton asked for the item to return in January 2025 and Mayor O'Neill agreed.
Council unanimously concurred to bring the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
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City of Newport Beach
November 19, 2024
Regarding Item 17 (Memorandum of Understanding and Loan Agreement with Nancy Lynn Gardner
for the Sculpture A Novel Idea), Mayor O'Neill stated that the sculpture is one of his favorite art pieces,
thought it appropriate to be preserved and placed at the Balboa Branch library, and thanked Nancy
Gardner.
XV. CONSENT CALENDAR
RESOLUTIONS FOR ADOPTION
1. Resolution No. 2024-85: Initiating an Amendment to Titles 20 and 21 of the Newport Beach
Municipal Code Regarding the Housing Opportunity (HO) Overlay Zoning Districts
(PA2024-0205)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2024-85, A Resolution of the City Council of the City of Newport Beach,
California, Initiating an Amendment to the Housing Opportunity (HO) Overlay Zoning Districts
in Title 20 (Planning and Zoning) and the Pending Htn Opportunity (HO) Overlay Coastal
Zoning Districts in Title 21 (Local Coastal Program ntation Plan) of the Newport Beach
Municipal Code (PA2024-0205).
2. Resolution No. 2024-86: Approving Submittal of Gr F ding Application Under
Orange County Transportation Authority (OCTA) C ehensive Transportation
Funding Program (CTFP)
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2024-86, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Submittal of a Funding Application for an Arterial Capacity
Enhancement Project to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program, for the West Coast Highway Widening at
Old Newport Boulevard project. ff
3. Resolution No. 2024-87: Supporting an Application by the City of Santa Ana to the Orange
County Transportation Authority for Funding Under Measure M2 Regional Traffic Signal
Synchronization Program for the Bristol Street Project from SR-22 to Jamboree Road
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2024-87, A Resolution of the City Council of the City of Newport Beach,
California, Supporting an Application by the City of Santa Ana to the Orange County
Transportation Authority for Funding Under Measure M2 Regional Traffic Signal
Synchronization Program, for the Bristol Street Project from SR-22 to Jamboree Road.
4. Resolution No. 2024-88: Approval of Measure M2 Expenditure Report
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2024-88, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the
Fiscal Year Ending June 30, 2024.
5. Resolution No. 2024-89: Total Compensation Philosophy
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City of Newport Beach
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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;
b) Adopt Resolution No. 2024-89, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Total Compensation Philosophy; and
c) Approve Comparator Agencies for the purpose of conducting pay and benefit surveys.
6. Resolution No. 2024-90: Acceptance of Wildfire Prevention Grant from State of California
Department of Forestry and Fire Protection (C-9495-2)
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) Adopt Resolution No. 2024-90, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Acceptance of California Climate Investments Wildfire Prevention
Grants Program Funding Administered by CAL FIRE for the Buck Gully Reserve Hazardous
Fuel Thinning and Reduction Project;
c) Approve State of California Grant Agreement 5GG23212 for the Buck Gully Reserve Hazardous
Fuel Thinning and Reduction Project and authorize tWity Manager and City Clerk to execute
the agreement and any subsequent related documents a,-kWy be related to the reimbursement
of the cost of the Project; and
d) Approve Budget Amendment No. 25-041 appropriating $449,763.69 in increased revenue from
the State of California Department of Forestry and Fire Protect' n to Fire Prevention Account
01040402-431454-G2540 (State Grants) and appropriatino $449,763.69 in increased
expenditures to Fire Prevention Account 01040402-821004-G2540 (Grant Expenses).
Councilmember Grant recused herself from Item 6 due to a potential financial impact
conflict due to her business partner living near Buck Gully.
CONTRACTS AND AGREEMENTS
7. Irrigation Controllergdftacements - Notice of Completion for Contract No. 9527-1
(24P02) 1k
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. It
8. Tamura Deep Water Well Rehabilitation (Project No. 24W15) - Notice of Completion for
Contract No. 9328-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
9. Underground Utility Assessment District No. 113 - Notice of Completion for Contract
No. 7979-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project; and
b) Approve Budget Amendment No. 25-040 appropriating $150,000 in increased expenditures in
Account No. 66302-941003 from the Assessment District 113 unappropriated fund balance.
10. Tamura Shallow, Dolphin Shallow and Dolphin Deep Water Well Rehabilitation - Award
of Contract No. 9598-2 (25W07) and Approval of Amendment No. One to Professional
Services Agreement with Richard C. Slade and Associates for Water Well Rehabilitation,
Contract No. 9598-1 (25W07)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion
of capacity)] 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) Approve Budget Amendment No. 25-039 appropriating $1,339,096 in increased expenditures in
Account No. 70201931-980000-25W07 and transferring funds from the Water Enterprise Fund
unappropriated fund balance to the Water Capital Fund;
d) Award Contract No. 9598-2 to General Pump Company for the total bid price of $2,317,060, and
authorize the Mayor and City Clerk to execute the contract;
e) Establish a contingency of $232,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
f) Approve Amendment No. One to the Professional Services Agreement Contract No. 9598-1 with
Richard C. Slade and Associates, Inc. for an additional $245,510 for a total not -to -exceed amount
of $287,606 and authorize the Mayor and City Clerk to execute the amendment.
11. Fiscal Year 2024-25 Restroom Rehabilitation Phase 2 — Award of Contract No. 8905-3
(24F02)
a) Find this project exempt from 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. 8905-3 to Empire Design & Build LLCkr the total bid price of $920,000 for
the FY 2024-25 Restroom Rehabilitation Phase 2, and aut orize the Mayor and City Clerk to
execute the contract; and
d) Establish a contingency of $92,000.00 (approximately 10%+of tal bid) to cover the cost of
unforeseen work not included in the original contract. J
12. Underground Utility Assessment District No. 124 (Central Balboa Island — Phase 2) —
Award of Contract No. 9451-2
a) Acknowledge this project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302(d), Class 2 (conversion of overhead electrical utility distribution lines
where the surface is restored to the condition existing prior to the undergrounding) 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. 9451-2 to Asplundh Construction, LLC for the total bid price of $5,687,675
for the Underground Utility Assessment District No. 124 (Central Balboa Island — Phase 2)
project, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $570,000 (approximately 10% of total bid) to cover the cost of
unforeseen work At included in the original contract; and
e) Approve Amendment No. Five to the Professional Services Agreement for Assessment District
Engineering Services for Underground Utility Assessment District No. 124 with NV5, Inc.
(C-8627-2) to increase the fee amount by $256,969 for a total not -to -exceed contract amount of
$824,816, extend the contract expiration date to June 30, 2026, and authorize the Mayor and
City Clerk to execute the agreement.
Councilmember Blom recused himself from Item 12 due to real property interest conflicts.
13. Approval of Professional Services Agreement with LAZ Parking California, LLC for
Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services (C-8306-
2B)
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. 25-035 appropriating $3,274,720 in new revenue and
expenditures from OCTA to Account Nos. 1230053-431150-25T13 and 1230053-980000-25T13,
respectively, and appropriating $641,027 in increased expenditures in Account
No. 01201938-980000-25T13 from the General Fund Capital Improvement Program
unappropriated fund balance; and
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November 19, 2024
c) Approve a Professional Services Agreement with LAZ Parking California, LLC for Balboa
Peninsula Trolley Transit Operations and Vehicle Procurement Services of five new trolley
vehicles for a total not -to -exceed amount of $3,897,746.55 and authorize the Mayor and City
Clerk to execute the agreement.
14. Concrete Replacement Program FY 2024-25 — Award of Contract No. 9715-1 (25R06)
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. 9715-1 to Towo Enterprise, Inc. for the total bid price of $1,586,380, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $159,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
15. Cooperative Agreements with One Ford Road Community Association (C-9793-1) and
Belcourt Hill Homeowners Association (C-9794-1) for Maintenance of Median
Improvements
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 CEVA Guidelines because this action
will not result in a physical change to the environment, dire y or indirectly;
b) Approve the Cooperative Agreement between the City of Newport Beach and One Ford Road
Community Association for maintenance of median improvements on Ford Road;
c) Approve the Cooperative Agreement between the City of Newport Beach and Belcourt Hill
Homeowners Association for maintenance of median improvements on Ford Road; and
d) Authorize the Mayor and City Clerk to execute the agreements.
16. Approval of On -Call Professional Services Agreements with Norm Nedell (C-9795-1) and
Jodi Mannino (C-9796-1) for Emergency Medical Services Nurse Educator/Continuous
Quality Improvement Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) an060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change tWole environment, directly or indirectly;
b) Approve On -Call Professional Services Agreement with Norm Nedell for a three-year term and
a total amount not -to -exceed $60,000 to provide Continuous Quality Improvement (CQI)
services, and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve On -Call Professional Services Agreement with Jodi Mannino for a three-year term and
a total amount not -to -exceed $145,000 to provide Continuous Quality Improvement (CQI)
services and authorize the Mayor and City Clerk to execute the agreement.
17. Memorandum of Understanding and Loan Agreement with Nancy Lynn Gardner for the
Sculpture A Novel Idea (C-9797-1)
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 a Memorandum of Understanding and Loan Agreement between the City of Newport
Beach and Nancy Lynn Gardner for the exhibition of the sculpture, A Novel Idea; and
c) Approve the placement of A Novel Idea in the Library Entry Plaza of the new Balboa Branch
Library.
18. Revocable License Agreement with Newport Beach Chamber of Commerce for Use of
Promotional and Branding Materials (C-9798-1)
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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November 19, 2024
b) Approve a Revocable License Agreement with the Newport Beach Chamber of Commerce for the
use of promotional and branding materials.
MISCELLANEOUS
19. Budget Amendment to Accept a Check from the California Library Literacy Services and
Appropriate Funds to the Library's Fiscal Year 2024-25 Budget
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) Accept a check in the amount of $41,935 from California Library Literacy Services and approve
Budget Amendment No. 25-031 to increase expenditures by the same amount in the Literacy
accounts.
20. Annual Reports on Development Impact Fees and Development Agreements
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 environmelairectly or indirectly; and
b) Receive, review and file the annual reports on de ent impact fees and development
agreements.
Motion by Mayor Pro Tem Stapleton, seconded bACdMucilmember Avery, to approve the
Consent Calendar; and noting the recusals by Councilmember nt to Item 6 and Councilmember
Blom to Item 12.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDARk
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEM
Al Bruder advocated for the selection of Deputy Police Chief Dave Miner as the next Police Chief.
Jim Mosher announced that a General Plan date workshop will take place on November 20, 2024, at
6:00 p.m. in the Civic Center Community Room to discuss the City's plan for coastal resilience and
safety, and encouraged the community to attend.
XVIII. CURRENT BUSINESS _
21. Placement of Original Wooden City Seal from the Former City Council Chambers
Don Webb utilized a presentation to review the origin of the City's seal and its extensive history. He
detailed the placement of the 8-foot City seal on various buildings and highlighted the support from
seven past City mayors to install the official seal on the wall adjacent to the Civic Center entry.
Councilmember Grant thanked Mr. Webb for his continued service to the City.
Councilmember Avery noted the continued involvement of past mayors and commended their
ongoing work in Newport Beach.
Jim Mosher supported restoring the City seal to a prominent location and suggested placing it on
the wall next to the Community Room facing the parking lot or opposite of that location so it would
be in the breezeway. He also recommended exploring alternative locations.
Adam Leverenz suggested using an eve to protect the City seal from weathering and to reduce
maintenance.
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Mayor Pro Tem Stapleton suggested placing the City seal at the parking structure entrance but
would support it being installed on the side of the Council Chambers.
Councilmember Weigand supported the City seal placement as proposed by Mr. Webb, encouraged
staff to remove any blemishes resulting from the removal of the current seal, and thought it looked
best on the right-hand side of the lettering.
Motion by Councilmember Weigand, seconded by Mayor O'Neill, 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 to remove the existing metal seal on the
north exterior wall of the Council Chambers adjacent to the Civic Center entrance, and install the
8-foot wooden City seal on the north wall to the upper right on the facility name lettering, unless
the removal of the metal seal leaves a noticeable scar/blemish that cannot be acceptably repaired.
In that case, install the 8-foot wooden City seal over the scarred/blemished area under the facility
lettering.
With Councilmember Kleiman voting "no," the mot ried 6-1.
22. Appointment of a Civil Service Board Memberto o Fil nscheduled Vacancy
In response to Jim Mosher's concern about Council only considering two applicants rather than
three as prescribed within the City Charter, City Attorney Harp thought Council can move forward
with two applicants since the Civil Service BoaI&Qnly recommended two nominees.
City Clerk Brown read the ballots as follow
Michael Denner — Avery, Blom, Grant, Kleiman ei , Stapleton, and Weigand
City Clerk Brown announced that Michael DAFlier was appointed for a term that expires on
June 30, 2027. �&
XIX. MOTION FOR RECONSIDERATION — Ae
XX. ADJOURNMENT — 5:31 p.m.
The agenda and amended agenda were 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 14, 2024, at 4:00 p.m., and November 15, 2024, at 10:00 a.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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