HomeMy WebLinkAbout01/28/2025 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
January 28, 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
H. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS
Jim Mosher expressed concern for the public noticing process related to land use matters.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.): 1 matter
Property: 3848 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel Number 427-151-08).
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real Property
Administrator.
Negotiating Parties: John Saunders and Robert McDonald on behalf of 3848 Campus Drive LP.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
B. 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 (LABEL); 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
and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport
Beach (PTEANB).
IV. RECESSED — 4:04 p.m.
V. RECONVENED AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
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
VII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken regarding Closed Session Item
III.A and announced that the City Council will be continuing Closed Session Item III.B to the end of the
meeting.
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VIII. INVOCATION - Reverend Ray Jordan, Corona del Mar Community Church
IX. PLEDGE OF ALLEGIANCE - Councilmember Grant
X. PRESENTATIONS
• Proclamation to the Trauma Intervention Program (TIP) of Orange County
Mayor Stapleton read the proclamation and presented it to Molly McLaughlin Perry, Vice Chair of
TIP National Board of Directors, and two volunteers who expressed their appreciation and relayed
that TIP is recognizing NBPD at their upcoming gala.
• History of Corona del Mar by Paul Wormser
Paul Wormser utilized a presentation to review the history of Corona del Mar from 1904 to 1970.
XI. NOTICE TO THE PUBLIC
XII. 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 and an Orange
County Sanitation District meeting
Councilmember Barto:
• Utilized a slide to show what was collected by the trash interceptor after the rain
• Attended the lifeguard tryouts
Councilmember Grant:
• Attended the Commodore Club of Newport Beach Chamber of Commerce Boat Parade and Ring of
Lights awards reception
• Volunteered at the Orange County Food Bank to help organize supplies for displaced families
Councilmember Weber:
• Utilized slides to show the lifeguard tryouts, acknowledged Councilmember Weigand for his
participation, and congratulated him on completing the course
Mayor Stapleton:
• Attended the United States Conference of Mayors in Washington DC
• Acknowledged staff for their work on the Welcome Event held on January 25, 2025, and reported
that 12 displaced families from the California fires were in attendance
• Hosted a State of the City Lunch and Learn for staff
• Announced that the City Council Planning Session is scheduled for February 1, 2025, at Marina
Park
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
Consider creating an ad hoc committee to review applications for the public service
programs funded by Community Development Block Grant (CDBG) on an annual basis
[Kleiman and Weber]
The City Council unanimously concurred to bring the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher thought that the refund process needed clarification for Item 8 and expressed concern with
retroactively paying the contractor.
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Adam Leverenz referenced Item 12 and asked Council to consider designating City -owned waterfront
property for coastal or water dependent businesses and support services.
At the request of Councilmember Grant, City Attorney Harp stated that Item 8 is not a gift of public
funds.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 14, 2025, City Council Meeting
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.
RESOLUTION FOR ADOPTION
3. Approval of Resolution No. 2025-6: Resolution of Intention to Conduct a Public Hearing
to Consider Granting Non -Exclusive Commercial Solid Waste and Divertible Materials
Handling Franchises to BC Hauling and Demolition, California Waste Services LLC, and
Tim Greenleaf Engineering
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. 2025-6, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting
Non -Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises.
CONTRACTS AND AGREEMENTS
4. West Coast Highway Joint Manhole & Valve Adjustments (Project No. 241109) - Notice of
Completion for Contract No. 9417-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
Central Library Air Handler Replacement - Award of Contract No. 9691-1 (25F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) 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 the project plans and specifications;
c) Award Contract No. 9691-1 to MEP Fusion Inc., for the total bid price of $1,199,500 for the
Central Library Air Handler Replacement, and authorize the Mayor and City Clerk to execute
the contract; and
d) Establish a contingency of $180,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
6. Bay Crossing Water Transmission Main and Sewer Force Main Rehabilitation - Award of
Contract No. 8487-3 (16W12)
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) Award Contract No. 8487-3 to TE Roberts, Inc. for the total bid price of $1,591,138 for the
Bay Crossing Water Transmission Main and Sewer Force Main Rehabilitation project, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $300,000 (approximately 20% of total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Approval of Amendment No. Two to Professional Services Agreement with Corrpro
Companies, Inc. for Cathodic Protection Program, Contract No. 9483-1 (24W11)
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; and
b) Approve Amendment No. Two to Professional Services Agreement with Corrpro Companies, Inc.
(Contract No. 9483-1) for additional design services with an increased not -to -exceed amount of
$138,755 for a total not -to -exceed amount of $247,610 and authorize the Mayor and City Clerk
to execute the amendment.
8. Approval of Amendment No. One to Residential Solid Waste Collection & Recycling
Contract (Contract No. 8823-1) with CR&R Inc. — Addition of 5% De -Escalation Maximum
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) Approval of Amendment No. One to the Residential Solid Waste Collection & Recycling
Agreement with CR&R Inc. to add a 5% rate de-escalation maximum.
9. Approval of an On -Call Professional Services Agreement with Partners in Control, Inc.
for SCADA System Services (C-8616-2)
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; and
b) Approve an On -Call Professional Services Agreement with Partners in Control, Inc., dba
Enterprise Automation to provide SCADA System Services for a five-year term and a total
contract compensation amount of $1 million and authorize the Mayor and City Clerk to execute
the Agreement.
10. Approve Professional Services Agreement with Environmental Compliance Inspection
Services Corp. for Grease Control Device Inspection Services (C-7783-3)
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 the Professional Services Agreement with Environmental Compliance Inspection
Services Corporation for the grease control device inspection program for a five-year term and a
total contract compensation amount of $450,000 and authorize the Mayor and City Clerk to
execute the agreement.
Councilmember Blom recused himself from Item 10 due to business interest conflicts.
11. Purchase of Police Patrol Vehicles
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 purchase of three Ford Explorer police patrol vehicles from the National Auto Fleet
Group of Watsonville using Sourcewell cooperative pricing and authorize the City Manager to
execute a purchase order in the amount of $173,311.80.
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12. Lease Agreement with Basin Marine, Inc. for Use of a Portion of the Real Property and
Tidelands at the Balboa Yacht Basin Located at 829 Harbor Island Drive (C-3404-1)
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) Authorize the City Manager and City Clerk to execute the Lease Agreement between the City
of Newport Beach and Basin Marine, Inc. for use of a portion of the City property known as the
Balboa Yacht Basin at 829 Harbor Island Drive, in a form substantially similar to the agreement
attached to the staff report; and
c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the findings
contained in the staff report and the Agreement, that conducting an open bid process or changing
the tenant would result in excessive vacancy, and that charging less than fair market rent
promotes the City's goals to provide essential or unique services to the community, that cannot
otherwise be provided if full market rates were charged, and based on the unique services
provided by the tenant.
Mayor Stapleton recused himself from Item 12 due to having a client in close proximity to
the subject property.
13. License Agreement with The Regents of the University of California for Operation of a
Coastal Observation System at the Newport Pier (C-5226-1)
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) Authorize the City Manager and City Clerk to execute the License Agreement between the City
of Newport Beach and The Regents of the University of California for operation of a coastal
observation system on City property, on the Newport Pier located at 1 Newport Pier, in a form
substantially similar to the amendment attached to the staff report; and
c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the findings
contained in this staff report and the Agreement, that charging less that fair market rent
promotes the City's goals to provide essential or unique services to the public, that cannot
otherwise be provided if full market rates were charged.
MISCELLANEOUS
14. Planning Commission Agenda for the January 23, 2025 Meeting
Receive and file.
15. Budget Amendment to Accept Grant Funding from the 2025 Hoag Memorial Hospital
Presbyterian Community Benefit Program for the OASIS Transportation Program
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 grant funding in the amount of $50,000 from Hoag Memorial Hospital Presbyterian
Community Benefit Program and approve Budget Amendment No. 25-050 to increase revenues
by the same amount in 0107033-511045 (OASIS Transportation).
16. General Plan Update Steering Cominittee (GPUSC) Bi-Monthly Update to 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) Receive and file the report.
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Motion by Mayor Pro Tem Kleiman seconded by Councilmember Grant, to approve the Consent
Calendar; and noting the amendment to Item 1, the recusal by Councilmember Blom to Item 10, and
the recusal by Mayor Stapleton to Item 12.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher suggested that Council consider returning to the meeting format used during the 2013 and
2014 City Council Planning Sessions for upcoming meetings.
Policy Intern Luca Shakoori from Supervisor Katrina Foley's Office provided an update about wildfire
prevention, the emergency notification system, and the Supervisor's promotion to Vice Chair of the
Orange County Board of Supervisors. He also commented on community engagement efforts, work to
return tax dollars, highlights from 2024, and local partnerships.
XVIII. CURRENT BUSINESS
17. Appointment of a Parks, Beaches and Recreation Connnissioner to Fill an Unscheduled
Vacancy
City Clerk Brown read the votes as follows:
Travis Pirdy — Barto, Blom, Grant, Kleiman, Stapleton, Weber, Weigand
City Clerk Brown announced that Travis Pirdy was appointed to fill the vacancy on the Parks,
Beaches and Recreation Commission for a term that expires on June 30, 2025.
XIX. MOTION FOR RECONSIDERATION — None
Mayor Stapleton recessed the meeting to Closed Session Item IILB at 5.42 p.m.
III. CLOSED SESSION — Council Chambers Conference Room
B. 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
and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport
Beach (PTEANB).
Mayor Stapleton reconvened the meeting at 7.01 p.m. and City Attorney Harp announced that
no reportable actions were taken.
XX. ADJOURNMENT — Adjourned at 7:01 p.m. in memory of Fred Simpson
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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, Newport
Beach, on January 23, 2025, at 4:00 p.m.
04 VAk
Joe S aplet n
May r
P0RT
Leilani I. Brown
City Clerk
FORN/
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