HomeMy WebLinkAbout01 - MinutesMarch 11, 2025
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
February 25, 2025
I. ROLL CALL - 4:00 p.m.
Present: Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J. Weber,
Councilmember Erik Weigand
II. INVOCATION — Harbormaster Paul Blank
III. PLEDGE OF ALLEGIANCE — Councilmember Weigand
IV. PRESENTATION it
• History of the Balboa Village and Balboa Pavilion by the Newport Beach Historical
Society &�
Bernie Svalstad utilized a presentation to discuss the history of the Balboa Fun Zone and Balboa
Pavilion. He noted recent efforts to find a permanent location for the Newport Beach Historical
Society and provided handouts to its upcoming event.
Mayor Stapleton appreciated the presentation and shared photos from the Pyle family about future
updates to the Balboa Fun Zone. 40
Councilmember Grant expressed ier appreciation for the presentation and for Mr. Svalstad's
involvement in City projects.
1k
V. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Jim Mosher noted changes to the agenda format and sequence, proposed that Council consider amending
City Council Policy A-1 ac rdingly, and suggested clarifying the public comment process.
ItNancy Scarbrough reference 11 (Confirmation of Appointments to the General Plan Update
Steering Committee and the eneral Plan Advisory Committee) and asked Council to consider
reappointing Charles Klobe and herself to the General Plan Advisory Committee.
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Weigand:
• Attended an Orange County Mosquito and Vector Control District board meeting regarding the
construction of a new headquarters and an Association of California Cities — Orange County
(ACC-OC) meeting
• Announced the upcoming Orange County Sanitation District meeting
Councilmember Grant:
• Joined Balboa Island residents at the Balboa Island Museum to welcome Los Angeles fire evacuees
• Attended a Town Hall meeting held at the Balboa Peninsula Fire Station with Mayor Stapleton and
Councilmember Blom to discuss fire safe practices and emergency evacuation procedures
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Mayor Pro Tem Kleiman:
• Attended the quarterly Newport -Mesa Unified School District meeting with Councilmember Barto,
an ACC-OC meeting, the Gallery Sonder exhibit in Corona der Mar, and an Aviation Committee
meeting
Mayor Stapleton:
• Visited the United Kingdom with representatives from Visit Newport Beach
• Attended the homeowner association meetings for Corona del Mar, Balboa Island, and Central
Newport
VII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 10 (Police Department Drone Program), Blake Resnick presented and discussed the
world's first 911 response drone program.
Regarding Item 11, Jim Mosher agreed with Ms. Scarbrough's previous comments regarding her and
Mr. Klobe's GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc
Committee was less than enlightening. Ak
Adam Leverenz supported Ms. Scarbrough's comment r arding the'GPAC appointments (Item 11) and
encouraged Council to proceed with an open-minded aach.
VIII. CONSENT CALENDAR 4
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 1, 2025 Planning Session and February 11, 2025 City Council
Meeting OF
Waive reading of subject minutes, a prove as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinance r consideration and direct the City Clerk to read by title
only.
ORDINANCE FOR ADOPTION '
3. Ordinance No. 2025-1: Granting Non -Exclusive Commercial Solid Waste Franchise
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) Conduct second reading and adopt Ordinance No. 2025-1, An Ordinance of the City Council of
the City of Newport Beach, California, Granting Non -Exclusive Franchise Agreements for
Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport
Beach to BC Hauling and Demolition, California Waste Services LLC and Tim Greenleaf
Engineering.
ORDINANCE FOR INTRODUCTION
4. Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport
Beach Police Department
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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2025-2, An Ordinance of the City Council of the City of Newport Beach, California, Updating
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the Military Equipment Use Policy for the Newport Beach Police Department, and pass to second
reading on March 11, 2025.
RESOLUTION FOR ADOPTION
5. Resolution No. 2025-10: Creating the Aviation Ad Hoc Committee to Review the
Structure, Membership, Roles and Responsibilities of the Aviation Committee
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. 2025-10, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles
and Responsibilities of the Aviation Committee; and
c) Appoint Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto and Councilmember
Noah Blom to serve on the Aviation Ad Hoc Committee.
CONTRACTS AND AGREEMENTS
6. Superior Avenue Pedestrian/Bicycle Bridge and Parki of (Project No. 15T09) — Notice
of Completion for Contract No. 8020-6
a) Accept the completed work and authorize the City Cler ile a Notice of Completion for the
project.
7. OASIS Senior Center Site Lighting Project — Notice of Completion for Contract No. 9009-
2 (23F02)
a) Accept the completed work and authori a City Clerk to file a Notice of Completion for the
project.
8. Street Pavement Repair Program Fiscal Ye *24-2 Award of Contract No. 9716-1
(25R03)
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 A 9716-1 to Hardy & Harper, Inc. for the total bid price of $1,425,000 for the
Street Pavement Repair Program FY 2024-25 project, and authorize the Mayor and City Clerk
to execute the contract; and
d) Establish a contingency of $143,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
Councilmember Weber recused herself from Item 8 due to real property interest conflicts.
9. First Amended and Restated Employment Agreement with the City of Newport Beach
Police Chief (C-9826-1)
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager to execute a First Amended and Restated Employment Agreement
between the City of Newport Beach and David Miner for Police Chief Services.
10. Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department
Drone Program (C-9828-1)
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;
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b) Approve a five-year Services and Purchase Agreement with BRINC Drones, Inc. of Seattle,
Washington, using the competitive selection process conducted for NPPGov Cooperative
Purchasing Agreement No. PS24040 in an amount not -to -exceed $2,176,037.60, and authorize
the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 25-055 to increase expenditure appropriations by $497,516 in
the Detective Division Drone Program accounts, 01035355-811065, 01035355-911017 and
01035355-831001.
MISCELLANEOUS
11. Confirmation of Appointments to the General Plan Update Steering Committee and the
General Plan Advisory Committee
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Confirm the Mayor's appointments to fill scheduled vacancies on the General Plan Update
Steering Committee and the General Plan Advisory Committee.
Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Barto, to approve the Consent
Calendar; and noting the amendments to Item 1 and thp.,recusal to Item 8 by Councilmember Weber.
The motion carried unanimously.
IX. ITEMS REMOVED FROM THE CONSENT CALEN AR - None
4
X. CURRENT BUSINESS
12. Ordinance No. 2025-3: Designating a Portion n* Mar as a Safety Enhancement
Zone and Expanding West New Safety a cement Zone to Include Memorial Day,
Fourth of July, and Labs y Ways
Mayor Pro Tem Kleiman thanked the Police Department and Community Development Department
for drafting the ordinance. _
In response to Councilmember Weigand's request, Police Lieutenant Little utilized a presentation
to review the Safety Enhancement Zone boundaries and Police Chief Miner confirmed that mutual
aid in West Newport will remain the same. Mayor Stapleton noted the calm environment last year
during Independence Day and complimented staff for creating a family -friendly vibe on the
Peninsula.
Jim Mosher noted the impacts of issuing tripled fines, asked which fines will be tripled, and what
police activity standards trigger the creation of an enhancement zone.
Councilmember Weigand asked City Manager Leung for a report after the 4th of July to assess the
impacts of the ordinance.
Councilmember Barto recommended involving the lifeguards in the process.
Motion by Mayor Pro Tem Kleiman, seconded by Mayor Stapleton, 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) waive full reading, direct the City Clerk to
read by title only, and introduce amended Ordinance No. 2025-3, An Ordinance of the City Council
of the City of Newport Beach, California, Designating a Portion of Corona del Mar as a Safety
Enhancement Zone During the Memorial Day, Fourth of July Independence Day, and Labor Day
Holidays and Expanding the West Newport Safety Enhancement Zone to Include the Memorial Day
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and Labor Day Holidays by Amending Section 1.04.060 (Safety Enhancement Zone), Chapter 10.58
(Police Services at Large Parties, Gatherings or Events on Private Property), and Section 10.66.060
(Violation -Penalty -Civil Fine) of the Newport Beach Municipal Code, and pass to second reading on
March 11, 2025.
The motion carried unanimously.
13. Witte Lecture Hall — Increase LED Screen Wall Size
Councilmember Barto stated that the initial memorandum of understanding allowed for necessary
change orders for furniture and fixtures and optional items to be covered by the requestor, and is
not within the City's purview.
Councilmember Grant commended the Newport Beach Library Foundation on their fundraising
efforts and staff for steering the project, concurred with Councilmember Barto's suggestion to review
the contract details, regarded the project as a City legacy and is world -class, favored using the best
possible screen, supported the consideration of options, and inquired about vetting the feasibility.
Public Works Director Webb expressed concerns relativelVtortions and site line issues as the
screen size increases. _
In response to Councilmember Grant's question about the relationship between screen size and
distortion, Public Works Director Webb utilized a presentation to show Witte Lecture Hall LED
screen wall profile views and screen options. Recreation and Senior Services Director Levin
expressed potential maintenance issue conceals surrounding the 13-foot by 23-foot screen.
Councilmember Weigand supported a one-time change to the s reen. In response to his question,
Public Works Director Webb clarified that 0.8% of the 10% of theFcontingency allowance is correctly
stated and most of the major project items are complete.
Councilmember Blom expressed his reasons for opposing the proposal.
Marilyn Krahe, Chair of Newport Beach Public Library Foundation, expressed her reasons to
support the proposal for a larger screen.
Adam Leverenz expressed concerns about the changes and advancements in technology over time
and considerations for upkeep.
Larry Tucker acknowledged the operational aspects of the Lecture Hall and the City's portion of
responsibility, suggested appealing to the broadest audience, and supported the City paying for half
the cost of the improvement.
In response to Councilmember Weigand's question, Ms. Kahe thanked Public Works Director Webb
for his presentation, expressed concerns about the largest screen size, and thought the 11-foot by
19-foot screen is a good compromise and the Foundation would agree to pay for half the cost.
Councilmember Barto noted the original screen would need to be replaced in time and, at that point,
the screen size can be assessed.
Councilmember Weigand expressed opposition to returning in six months to discuss replacing it
with a bigger screen.
Councilmember Blom thought the proposal was a tenant improvement rather than a construction
matter, and supported upholding the original agreement.
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Motion by Councilmember Grant, seconded by Councilmember Weigand, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1 - Existing Facilities) and 15303 (Class 3 - New Construction or Conversion
of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA
Guidelines, because this project has no potential to have a significant effect on the environment;
and b) (Option 2) approve the Newport Beach Library Foundation's request to increase the screen
wall size and install an 11-foot by 19-foot (209 sf) LED screen wall with an all -in estimated change
order cost of approximately $130,000, with the total increased cost split evenly between the Newport
Beach Public Library Foundation and the City.
With Mayor Stapleton, Mayor Pro Tem Kleiman, and Councilmembers Barto, Blom, and
Weber voting "no," the motion failed 2-5.
Motion by Councilmember Blom, seconded by Mayor Pro Tem Kleiman, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1 - Existing Facilities) and 15303 (Class 3 - New Construction or Conversion
of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA
Guidelines, because this project has no potential to have& significant effect on the environment;
and b) (Option 1) deny participating in the cost and continue with the installation of the 9-foot by
16-foot (144 sf) LED screen wall per the approved c tact documents with no additional cost.
With Councilmember Weigand voting "no," th tion ca&ied 6-1.
14. Appointment of a Planning Commissioner to Fill an Unscheduled Vacancy
City Clerk Brown read the ballots as follows:
Greg Reed - Barto, Blom, Grant, Kleiman, Stapleton, Weber„ Weigand
City Clerk Brown announced that Greg Reedwas ap ointed to fill the vacancy on the Planning
Commission for a term that expires on June 30, 2025.
XI. MOTION FOR RECONSIDERATION - None
City Attorney Harp announced that thirCity Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles. He also reported that
City Manager Leung, Cily Attorney Harp and City Clerk Brown would be recusing themselves
from Closed Session Item XILC due to possible financial impact and City Manager Leung and
City Attorney Harp would be recusing themselves from Closed Session Item XILD due to
possible financial impact.
Mayor Stapleton recessed the meeting at 5:16 p.m.
XII. 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, Barbara Salvini, Human
Resources Director, and Jonathan Holtzman, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport
Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport
Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA);
Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association
(NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional
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February 25, 2025
and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport
Beach (PTEANB).
B. PUBLIC EMPLOYMENT - PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters
Titles: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk.
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters
Agency Designated Representatives: Joe Stapleton, Mayor, and Lauren Kleiman, Mayor Pro
Tem.
Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and
Leilani Brown, City Clerk.
D. CONFERENCE WITH LEGAL COUNSEL - EXISTIN ITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Barbara Saluini u. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01442980-CU-OE JC
Mayor Stapleton reconvened the meeting at 7:35 p�.
XIII. CLOSED SESSION REPORT
Assistant City Attorney Summerhill announced that no reportable actions were taken.
XIV. ADJOURNMENT - 7:35 p.m. 1%W
The agenda was posted on the City's Oftsite and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive, Newport
Beach, on February 20, 2025, at 4:00 p.m.
Leilani I. Brown
City Clerk
Joe Stapleton
Mayor
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