HomeMy WebLinkAbout12/10/2024 - Regular MeetingCity Council Minutes
Regular Meeting
December 10, 2024
I. ROLL CALL — 5:30 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. INVOCATION — Mayor O'Neill
III. PLEDGE OF ALLEGIANCE — Councilmember Avery
IV. PUBLIC COMMENTS
Miles Patricola voiced frustration with posts about him on social media during the election and asked
for political rhetoric to be toned down.
Adam Leverenz suggested that the Council consider greater flexibility regarding occupancy limits in
relation to Item 10 (Affordable Housing Loan Agreement to American Family Housing for the
Travelodge North Homekey Project at 1400 Bristol Street, Costa Mesa).
V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Grant:
• Recognized the Newport Beach Police Department (NBPD) for solving both a long-standing cold case
and a more recent significant crime
• Thanked the community, local Chambers of Commerce, and local businesses for their participation
in upcoming holiday events
Mayor Pro Tem Stapleton:
• Wished Fire Chief Boyles a happy birthday
• Attended the Restoration Hardware Grand Opening Party, Corona del Mar (CdM) Christmas Walk,
and Boat Parade
VI. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher recommended not changing the term of Finance Committee members in Item 5 (Amending
the Term for Finance Committee Members) and suggested establishing a written commitment for
landscaping upkeep on the private property noted in Items 7 (Approval of Reimbursement Agreement
with Cameo Community Association for East Coast Highway Beautification) and 8 (East Coast Highway
Beautification — Shore Cliffs Landscaping).
VII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 12, 2024 and November 19, 2024 City Council Meetings
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
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ORDINANCES FOR ADOPTION
3. Ordinance No. 2024-29: Amending Title 21 (Local Coastal Implementation Plan) of the
Newport Beach Municipal Code 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; and
b) Conduct second reading and adopt 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).
Councilmember Blom recused himself from Item 3 due to real property interest conflicts.
4. Ordinance Nos. 2024-30 to 2024-32: Establishing a Development Impact Fee Program
(PA2021-127)
a) Determine the adoption of these ordinances is not subject to 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) Conduct second reading and adopt 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, including the amended exhibit;
c) Conduct second reading and adopt 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
d) Conduct second reading and adopt 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.
RESOLUTION FOR ADOPTION
5. Resolution No. 2024-91: Amending the Term for Finance Committee Members to Provide
that any Seat on the Finance Committee Held by a Councilmember or the
Councilmember's Citizen Appointee is Automatically Vacated Once the Councilmember
is No Longer a Member of the City Council
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. 2024-91, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Term for Finance Committee Members to Provide that any Seat on the
Finance Committee Held by a Councilmember or the Councilmembers Citizen Appointee is
Automatically Vacated Once the Councilmember is No Longer a Member of the City Council.
CONTRACTS AND AGREEMENTS
6. Newport Coast Pickleball Courts (Project No. 22P13) — Notice of Completion for Contract
No. 9018-2
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
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7. Approval of Reimbursement Agreement with Cameo Community Association for
East Coast Highway Beautification (C-9804-1)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (h) (rehabilitation of existing landscape) 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) Approve a Reimbursement Agreement with the Cameo Community Association for Irrigation
and Landscape Improvements in the City of Newport Beach and authorize the Mayor and City
Clerk to execute the agreement.
Councilmember Kleiman recused herself from Item 7 due to potential financial benefit
conflicts.
8. East Coast Highway Beautification — Shore Cliffs Landscaping (C-9805-1)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (h) (rehabilitation of existing landscape) 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 expense for landscape and irrigation improvements of up to $125,000 within the
public right-of-way and on the private properties located at 301, 321, 341 and 345 Evening
Canyon Road.
Councilmember Kleiman recused herself from Item 8 due to potential financial benefit
conflicts.
9. Purchase of 2025 North Star 234-5 Command Vehicle
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 selection and purchase of a 2025 North Star 234-5 Command Vehicle, from Braun
Northwest Inc., using cooperative selection and pricing under H-GAC agreement #AM10-23, and
authorize the City Manager to execute a purchase order in the amount of $382,625.42.
10. Pulled from the Consent Calendar
11. Amendment No. Four to the Professional Services Agreement with Psomas for
Environmental Services Related to the Newport Village Mixed -Use Project (PA2022-0166)
(C-8605-1A)
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. Four to the Professional Services Agreement with Psomas for
Environmental Impact Report for Newport Village Mixed -Use Development to extend the
termination date to December 31, 2025, and authorize the Mayor and City Clerk to execute the
Amendment.
MISCELLANEOUS
12. Planning Commission Action Report for the November 21, 2024 Meeting and Agenda for
the December 5, 2024 Meeting
Receive and file.
13. First Quarter Budget Update
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. 25-024, adjusting revenue estimates and expenditure
appropriations as outlined in the report; and
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c) Receive and file the report of budget amendments for the first quarter.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Avery, to approve the
Consent Calendar, except for Item 10; and noting the recusal by Councilmember Kleiman to Items 7
and 8 and Councilmember Blom to Item 3, the amendments to Item 1, and the amended exhibit to
Ordinance No. 2024-30 (Item 4).
The motion carried unanimously.
VIII. ITEM REMOVED FROM THE CONSENT CALENDAR
10. Affordable Housing Loan Agreement to American Family Housing for the Travelodge
North Homekey Project at 1400 Bristol Street, Costa Mesa (C- 9806-1)
Councilmember Kleiman relayed that she has questions and concerns about the agreement terms,
especially the practical application of local priorities relative to homelessness and affordable
housing, and asked that she and Councilmember Grant work with staff on the tenant plan and final
agreement terms.
Noa Tuliau, Policy Fellow at County Supervisor Katrina Foley's office, discussed the Homekey in a
Box Program and expressed Supervisor Foley's commitment to working with the City to solve the
homelessness crisis.
Motion by Councilmember Kleiman, seconded by Councilmember Grant, to 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; b) approve Budget Amendment No. 25-047, appropriating
$3,000,000 for increased expenditures in the Permanent Supportive Housing Account No. 01201925-
980000-22M15; c) authorize the City Manager to finalize negotiations and authorize the City
Manager and City Clerk to execute the Affordable Housing Loan Agreement between the City of
Newport Beach and American Family Housing, LLC, to loan $3,000,000 to convert the property at
1400 Bristol Street, Costa Mesa, into permanent supportive housing, provided the terms of the
Agreement are substantially similar with the Agreement attached to the staff report, which terms
shall be reviewed and approved by the City Attorney's Office, and to take any other action necessary
to implement the Agreement, including, but not limited to, approving and executing additional
documents related thereto; and d) allow Councilmember Kleiman and Councilmember Grant to
work with staff on finalizing the terms of the agreement.
The motion carried unanimously.
IX. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION
Dennis Bress thanked the outgoing members of Council for their service and noted continued efforts to
work with the Aviation Committee to have aircrafts fly higher, slower, and quieter.
Noa Tuhau congratulated the newly elected and reelected members of the City Council on behalf of
County Supervisor Katrina Foley, expressed gratitude to the outgoing Councilmembers, noted
Supervisor Foley's intent to work collaboratively with the City, and provided her contact information.
He provided Certificates of Recognition for distribution to the outgoing, newly elected, and reelected
Councilmembers.
X. CITY COUNCIL REORGANIZATION
PRESENTATIONS
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• Presentation of Gavel Plaque to Mayor Will O'Neill
Mayor Pro Tem Stapleton recognized Mayor O'Neill's accomplishments and contributions to the City
during his time on Council, displayed photos, and thanked Mayor O'Neill and his family for his
service.
Mayor Pro Tem Stapleton presented Mayor O'Neill with a gavel plaque and custom challenge coin
holder in recognition of his service as Mayor during 2024.
• Presentations to Outgoing Councilmembers
Costa Mesa Mayor John Stephens read and presented a commendation to Mayor O'Neill.
Former Senator Janet Nguyen, 34th District, presented Senate Resolutions to Mayor O'Neill and
Councilmember Avery.
Cooper Strull from Assembly Member Diane Dixon's office, 72nd District, presented Certificates of
Recognition to Mayor O'Neill and Councilmember Avery.
Councilmember Weigand presented gifts to Mayor O'Neill and Councilmember Avery, and thanked
them for their service.
Mayor Pro Tem Stapleton presented commemorative clocks to Mayor O'Neill and Councilmember
Avery on behalf of the City.
• Remarks by Outgoing Councilmembers
Councilmember Avery noted his eight years of service on Council, stated that it was an honor to
serve the citizens of a thriving City, noted collaborative efforts with fellow members of Council, and
expressed his gratitude to City Manager Leung and her team, the police and fire departments, and
City staff. He stated that he plans to follow the work of the City Council due to his continued interest
in the City affairs, and expressed interest in exploring other opportunities to serve. He relayed his
gratitude for his wife's emotional support, thanked Will O'Neill for his leadership, and congratulated
the new Councilmembers.
Mayor O'Neill thanked his wife Jenny, his children, the voters, Council colleagues, Councilmember
Avery, and City staff. He shared the story of Alexis Portillo's request for ADA "wrap around" swings
and thanked her for being an example. He stated that the City benefits when citizens help solve
problems, noted the honor it has been to recognize the helpers in the community, gifted each
Councilmember with custom artwork from M Street Artwork, and extended a blessing to the new
Council and the City.
CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS
14. Resolution No. 2024-92: Certification of General Municipal Election Results
City Clerk Brown provided a report and announced that the City's voter turnout was over 82%
Motion by Councilmember Weigand 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) adopt Resolution No. 2024-92, A Resolution
of the City Council of the City of Newport Beach, California, Reciting the Facts of the General
Municipal Election held on Tuesday, November 5, 2024, and Declaring the Result and Such Other
Matters as Provided by Law.
The motion carried unanimously.
Mayor O'Neill and Councilmember Avery stepped down from the dais.
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REORGANIZATION
15. Administration of Oath of Office
City Clerk Brown called reelected Councilmember Noah Blom forward. His wife, Marin,
administered the Oath of Office prescribed in the State Constitution, and City Clerk Brown
presented a Certificate of Election to Councilmember Blom.
City Clerk Brown called newly elected Councilmember Michelle Barto forward. Former Mayor
Will O'Neill administered the Oath of Office prescribed in the State Constitution, and City Clerk
Brown presented a Certificate of Election to Councilmember Barto.
City Clerk Brown called the newly elected Councilmember Sara J. Weber forward. Former Mayor
Will O'Neill administered the Oath of Office prescribed in the State Constitution, and City Clerk
Brown presented a Certificate of Election to Councilmember Weber.
16. Election of Mayor
City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Councilmember Kleiman nominated Councilmember Stapleton for the position of Mayor.
Motion by Councilmember Grant, seconded by Councilmember Barto, to close nominations.
The motion carried unanimously.
Councilmember Stapleton was selected unanimously as the Mayor of the City of Newport Beach for
2024-2025 and took his place at the Council dais.
17. Election of Mayor Pro Tem
Mayor Stapleton, in presiding, placed all members of the City Council on an equal basis to nominate
and elect.
Councilmember Blom nominated Councilmember Kleiman for the position of Mayor Pro Tem.
Motion by Councilmember Blom, seconded by Mayor Stapleton, to close nominations.
The motion carried unanimously.
Councilmember Kleiman was selected unanimously as the Mayor Pro Tem of the City of Newport
Beach for 2024-2025 and took her place at the Council dais.
18. Seating Arrangements for City Council
Councilmembers decided on the seating arrangement for the Council dais pursuant to City Council
Policy A-1. The following seating order was determined (left to right):
Noah Blom - Sara J. Weber - Lauren Kleiman - Joe Stapleton - Robyn Grant - Michelle Barto -
Erik Weigand
19. Remarks
Elected Councilmember Remarks:
Councilmember Blom thanked his wife and shared that he got involved in the City to make a
difference, expressed gratitude for his colleagues, thought that Newport Beach had the greatest
Council, and looked forward to taking care of City staff, especially the firefighters, police officers,
and lifeguards.
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Councilmember Barto expressed her gratitude for being part of the City, the public support she
received, and her family, and looked forward to serving on Council.
Councilmember Weber thanked Will O'Neill and Brad Avery for their service and keeping Newport
Beach the best City in the world. She also thanked her friends, the voters, her husband, her parents,
and her daughters, and extended congratulations to Mayor Stapleton and Mayor Pro Tem Kleiman.
New Mayor Remarks:
Mayor Stapleton thanked former Mayors O'Neill and Avery for their service to the community,
relayed Newport Beach's uniqueness, acknowledged his mentors, expressed his sincere gratitude,
thanked the voters and his colleagues for their trust in him, and noted that he appreciated working
with a group of leaders working towards a common goal. He recognized that this was the first female
majority City Council in the history of Newport Beach and thanked his friends, family, and his wife,
Julie. He announced his 2025 theme as Mayor to be "Celebrate Newport." He relayed a plan to
recognize the past, present, and future contributors to the City and spoke on initiatives that support
public safety, technology, community infrastructure, transportation, trash collection, future
leadership development, collaboration, celebration, growth, and community.
XI. PUBLIC COMMENTS
Jim Mosher suggested that new members of the City Council read through the Consent Calendar and
suggested adding the City Council meeting location to the resolution for Item 20 (Resolution No. 2024-
93: Setting City Council Regular Meeting Dates for Calendar Year 2025). He also asked Council to
consider a City Council meeting start time that is convenient for more members of the public to attend.
Craig Sheets utilized a presentation to discuss offshore oil wells, weapon storage, stack freight
containers, oil tankers, children from other countries learning to use weapons, and the sun.
Supervisor Don Wagner, 3rd District, extended his support to the City and congratulated Council.
Huntington Beach Councilmember Tony Strickland congratulated Mayor Stapleton, Mayor Pro Tem
Kleiman, Councilmember Weber, Councilmember Barto, and former Mayor O'Neill, and expressed his
excitement to work with the City.
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider directing City staff to make a recommendation to the City Council regarding a
new ordinance designating portions of Corona del Mar, including, but not limited to,
Pirate's Cove, Corona del Mar State Beach, Little Corona del Mar Beach, Ocean
Boulevard, and the surrounding neighborhoods, as a Safety Enhancement Zone for the
4th of July holiday weekend, and at other times deemed appropriate [Kleiman]
Council unanimously concurred to bring the matter back at a future meeting.
• Consider creating an ad hoc committee to review and make recommendations for
revisions to the City Council Policy Manual [Kleiman]
Mayor Stapleton, Mayor Pro Tem Kleiman, and Councilmembers Barto, Blom, Grant, and Weber
concurred to bring the matter back at a future meeting.
XIII. CONSENT CALENDAR
RESOLUTION FOR ADOPTION
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20. Resolution No. 2024-93: Setting City Council Regular Meeting Dates for Calendar Year
2025
Councilmember Weigand requested a change to the April 2025 dates to April 15 and April 29, 2025.
Motion by Councilmember Weigand, 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) adopt amended Resolution No. 2024-93,
AResolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates
of City Council Regular Meetings for Calendar Year 2025.
The motion carried unanimously.
XIV. MOTION FOR RECONSIDERATION - None
XV. ADJOURNMENT - 6:57 p.m
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
December 5, 2024, at 4:00 p.m.
1,eilani I. Brown
City Clerk
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