HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
NOVEMBER 12, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
PRESENTATIONS — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS PRESENTATIONS
REGULAR MEETING — 5:00 P.M.
WILL O'NEILL, Mayor
JOE STAPLETON, Mayor Pro Tern
BRAD AVERY, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
LAUREN KLEIMAN, Councilmember
ERIK WEIGAND, Councilmember
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk
24 hours prior to the scheduled City Council meeting.
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract
(other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use,
is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars
($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If
you have made a qualifying contribution, please ensure to make this disclosure on the record.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted,
you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written
correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time
given.
This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at
100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items
of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation
regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are
also available on the City's webpage at newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee
or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to
accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting to inform us of your
particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(cDnewportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
NOVEMBER 12, 2024
PRESENTATIONS - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS PRESENTATIONS
REGULAR MEETING - 5:00 P.M.
ROLL CALL — 4:00 p.m.
II. PRESENTATIONS
• Proclamation Recognizing Marie Marston
• Proclamation Recognizing National Nurse Practitioner Week
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
IV. 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.
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. RECESS
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November 12, 2024
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VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Dr. Steven P. Mueller, Vice President, Chief Mission Officer, Concordia
University
X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non -agenda items.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• 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]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 14). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three minutes. Before speaking, please state your name for the record. If any
item is removed from the Consent Calendar by a Councilmember, members of the public are invited
to speak on each item for up to three minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted
by one motion in the form listed below. Councilmembers have received detailed staff reports on each
of the items recommending an action. There will be no separate discussion of these items prior to
the time the City Council votes on the motion unless members of the City Council request specific
items to be discussed and/or removed from the Consent Calendar for separate action.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 22, 2024 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
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November 12, 2024
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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)
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 32" d Street (PA2022-068);
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 32" d 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.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2024-25: Amending Chapter 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 the 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
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November 12, 2024
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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
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 Creation of Housing) and New State Law
Requirements Relating to Accessory Dwelling Units (PA2021-113).
RESOLUTIONS FOR ADOPTION
8. Resolution No. 2024-81: Initiating General Plan and Zoning Amendments Related to the
Lower Castaways Aquatics Facility (PA2024-0138)
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 of the 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
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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November 12, 2024
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b) Adopt Resolution No. 2024-82, A Resolution 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
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.
11. Amendment No. One to a Professional Services Agreement, with MetaSource, LLC, for
Document Archiving Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Approve 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 15t" Street
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 adjacent tidelands located at 215 15th Street,
in a form substantially similar to the amendment attached to the staff report.
MISCELLANEOUS
13. Budget Amendment to Appropriate a Donation 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 Amendment No. 25-025 to increase revenue in account number 01060005-
561005 by $15,737.06 and increase expenditures by the same amount in account number
01060005-841052.
14. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement
Program Grant PT25191
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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November 12, 2024
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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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject
matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before
speaking, please state your name for the record.
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
a) Conduct a public hearing;
b) 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;
c) 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);
d) Waive full reading, direct the City Clerk to read by title only, 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 Fee) 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;
e) 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
f) 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.
XIX. CURRENT BUSINESS
16. Resolution No. 2024-84: Amending City Council Policy 1-10 Including Re -Titling and
Cultural Arts Sculpture Exhibition Proposal
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 Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
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November 12, 2024
Page 7
b) Adopt Resolution No. 2024-84, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy 1-10 (Financial Support for Culture and Arts)
Including Re -Titling as City Council Policy 1-10 (Culture and Arts Grants); and
c) Approve the City Arts Commission's recommendation for a three-year Sculpture Exhibition
in Civic Center Park and determine the artist honorarium allocation per sculpture.
17. Agreement with Visit Newport Beach Inc. for Tourism Promotion, Marketing and Branding
Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) 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.
XX. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Councilmembers who voted with the prevailing
side.
XXI. ADJOURNMENT — In memory of Roger Carlson and Timothy N. Tamura
Testimony given before the City Council is recorded.
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