HomeMy WebLinkAbout11/19/2024 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
November 19, 2024
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 journey and 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.
Lee Pearl thanked Mayor O'Neill and Councilmember Avery for their service and support. He also
thanked staff for their work on the Balboa Island underground project, noting the project is ahead of
schedule and under budget.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 2 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 Whithnger, 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.
_o ume — age
City of Newport Beach
November 19, 2024
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
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
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.
City of Newport Beach
November 19, 2024
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 Housing Opportunity (HO) Overlay Coastal
Zoning Districts in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (PA2024-0205).
Resolution No. 2024-86: Approving Submittal of Grant Funding Application Under
Orange County Transportation Authority (OCTA) Comprehensive 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.
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.
Resolution No. 2024-89: Total Compensation Philosophy
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.
City of Newport Beach
November 19, 2024
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 the City Manager and City Clerk to execute
the agreement and any subsequent related documents as may 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 Protection to Fire Prevention Account
01040402-431454-G2540 (State Grants) and appropriating $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 Controllers Replacements - Notice of Completion for Contract No. 9527-1
(24P02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
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;
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
City of Newport Beach
November 19, 2024
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 LLC for the total bid price of $920,000 for
the FY 2024-25 Restroom Rehabilitation Phase 2, and authorize the Mayor and City Clerk to
execute the contract; and
d) Establish a contingency of $92,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
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 not 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
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;
_o uYrie_6 - Page_213
City of Newport Beach
November 19, 2024
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 CEQA Guidelines because this action
will not result in a physical change to the environment, directly 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) 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 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
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
City of Newport Beach
November 19, 2024
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 environment, directly or indirectly; and
b) Receive, review and file the annual reports on development impact fees and development
agreements.
Motion by Pro Tern Stapleton seconded by Councilmember Avery, to approve the
Consent Calendar; and noting the recusals by Councilmember Grant to Item 6 and Councilmember
Blom to Item 12.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Al Bruder advocated for the selection of Deputy Police Chief Dave Miner as the next Police Chief.
Jim Mosher announced that a General Plan Update workshop will take place on November 21, 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 on the outside wall of the Council
Chambers, facing 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.
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.
City of Newport Beach
November 19, 2024
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 motion carried 6-1.
22. Appointment of a Civil Service Board Member to Fill an Unscheduled 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 Board only recommended two nominees.
City Clerk Brown read the ballots as follows:
Michael Denner - Avery, Blom, Grant, Kleiman, O'Neill, Stapleton, and Weigand
City Clerk Brown announced that Michael Denner was appointed for a term that expires on
June 30, 2027.
XIX. MOTION FOR RECONSIDERATION - None
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 C
City Clerk �.
F-
t„)
01
F O Pm\.;
Will O'Neill
Mayor
-o ume-Page-216