HomeMy WebLinkAbout03/11/2025 - Study Session / Regular MeetingCITY OF NE ry ORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
March 11, 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
11. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Presentation to the City by the Newport Beach Sister City Association on Behalf of
Mayor Yasuhiro Uchida of Okazaki, Japan
Truly Boring, President of the Newport Beach Sister City Association, discussed the summer
exchange program and presented a taiko drum to the City from Mayor Yasuhiro Uchida of
Okazaki.
Mayor Stapleton presented Mayor Uchida and the Association with a framed photograph of the
Newport Beach Wedge by local photographer Michael Pickett.
SS3. Proclamation Recognizing National Nutrition Month
Mayor Stapleton read the proclamation and presented it to Dr. Sangeeta Shrivastava, current
President of the California Academy of Nutrition and Dietetics, and her colleagues, who thanked
the City, commented that many chronic diseases can be prevented through the transformative
power of food and nutrition, and encouraged everyone to avoid wasting food.
SS4. History of Balboa Island by the Balboa Island Museum
Bruce Cook discussed the history of Balboa Island; and Shirley Pepys talked about the Balboa
Island Museum and noted the exhibits, visitor count, hours of operation, as well as other events
and activities held at the museum.
SS5. Capital Improvement Program (CIP) Early Look
City Clerk Brown announced that she would be recusing herself during discussions
regarding the Balboa Boulevard/Newport Boulevard Pavement Rehabilitation Project,
the Oceanfront Boardwalk Expansion Project, and the Beach and Bay Sand
Management Project due to potential real property interest conflicts.
Councilmember Blom announced that he would be recusing himself during discussions
regarding the Balboa Boulevard/Newport Boulevard Pavement Rehabilitation Project,
the Underground Assessment District 124 Project, the Balboa Island Water Main
Replacement Project, the Balboa Island Drainage/Pump Station Improvements
Project, and the Balboa Island Seawall Project due to real property interest conflicts.
Councilmember Weber announced that she would be recusing herself during
discussions regarding the Streets and Drainage Project on Spyglass Hill Road/
San Joaquin Hills Road due to real property interest conflicts.
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Mayor Pro �';Ai.; I ZTi: T ra;tan�aa�.enced that she would be recusin,g her -self during
discussions, reg;tjrding flw Ldndscape Enhancement Program Project in Cameo Shores
and the Shore CliffoI.Vater:System Improvements Project due to real property interest
conflicts. „
Mayor Stapleton announced that he would be recusing himself during discussions
regarding the Concrete Replacement and Slurry Program Project in the Airport Area
and the Street Pavement Rehabilitation/Repair Project on MacArthur Boulevard and
Von Karman Avenue due to real property interest conflicts; and the Balboa Yacht
Basin Dock Replacement/Dredging Project because there may be a conflict since a
client, who is a source of income, lives near the project.
Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation
to explain CIP. allocations, completed projects during FY 2024-25, projects under construction,
FY 2025-26 CIP projections, proposed new funding and projects from each of the funding types,
and the 5-year look ahead and significant projects.
In response to Council':questions, Public Works Director Webb and Deputy Public Works
Director Houlihan indicated that the slurry seal project will be bid out, the Pacific Coast
Highway project near Newport Coast was managed by Caltrans and will be corrected, and there
is a partnership and agreement with the City of Laguna Beach for water wells and pipe wells in
Fountain Valley.
Councilmember Weigand expressed his appreciation for the work on the Orange County Water
District (OCWD) loan approval and Mayor Stapleton recognized the importance of the project.
Carmen Rawson asked that the boardwalk expansion project be deferred and discussed further
at a future City Council meeting.
Ken Rawson discussed the existing length of the boardwalk, plans for the expansion, and asked
Council to consider implementing a complete plan.
Dennis Bress commended the Public Works Department and thanked Council for providing
project funding.
In response to Councilmember Weigand's questions regarding congestion concerns and public
input, Public Works Director Webb stated that the next Parks, Beaches and Recreation
Commission meeting is scheduled for April 1, 2025, and at that meeting staff will discuss the
151h Street restroom area of'the boardwalk project. He also noted segmented areas of the project
and indicated that the City is focusing on the busiest segments of the boardwalk.
Mayor Stapleton reiterated the date of the April 1, 2025 Parks, Beaches and Recreation
Commission meeting and emphasized the need for continuing the conversation then.
Councilmember Grant acknowledged staffs accomplishments.
III. PUBLIC COMMENTS
Dennis Bress acknowledged the new trash interceptor and asked about opportunities for the public to
visit it.
IV. RECESSED — 5:03 p.m.
V. RECONVENED AT 5:03 P.M. FOR REGULAR MEETING
VI. ROLL CALL
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VII. INVOCATION — Gene Clark, Church of Jesus Christ Latter-day Saints
VIII. PLEDGE OF ALLEGIANCE — Councilmember Barto
IX. NOTICE TO THE PUBLIC
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Weigand:
• Attended a meeting with Orange County Supervisor Katrina Foley and Councilmember Grant
regarding the Dunes property
Councilmember Barto:
• Attended the Water Quality/Coastal Tidelands Committee meeting
• Announced a meeting next week with the Orange County Watershed Committee
Councilmember Grant:
• Provided an update from the Transportation Corridor Agencies (TCA) where she serves as the Vice
Chair of the Joint Capital Projects Committee regarding the reuse of the Catalina View toll plaza
• Attended the Orange. County Transportation Authority (OCTA) tour of the transportation facility
with Transportation Engineer Sommers, the OASIS Wine and Cheese event with Councilmembers
Barto and Weber, the Fire Station 2 demolition party, the trash interceptor ribbon cutting, and the
Orange County Iranian American Chamber of Commerce (OCIACC) Nowruz Spring Festival with
Mayor Stapleton
Councilmember Blom:
• Wished Mayor Stapleton a happy birthday
Mayor Pro Tem Kleiman:
• Attended the Corona del Mar commercial corridor study roundtable, the Southern California
Association of Governments (SCAG) transportation committee meeting, and the trash interceptor
ribbon cutting
Mayor Stapleton:
• Delivered the State of the City message at the Corporate Yard, City Hall; and at Wake Up, Newport
• Attended the Newport Shores annual HOA meeting, the trash interceptor ribbon cutting, the
OCIACC Nowruz Spring Festival, and the Fire Station 2 demolition party and extended
congratulations to Bob Olson
XI. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 5 (Ordinance No. 2025-4), Jim Mosher expressed the opinion that the item needs more
work since certain definitions and verbiage should be referenced within the municipal code itself rather
than just obscurely within the ordinance.
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 25, 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.
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ORDINANCES FOR ADOPTION
3. 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) Conduct second reading and adopt Ordinance No. 2025-2, An Ordinance of the City Council of
the City of Newport Beach, California, Updating the Military Equipment Use Policy for the
Newport Beach Police Department.
4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as a Safety Enhancement
Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day,
Fourth of July, and Labor Day Holidays
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. 2025-3, 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 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.
ORDINANCE FOR INTRODUCTION
5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code to Update
Administrative Procedures Related to Good Cause Determinations and the Extension of
Deadlines for Short -Term Lodging Permits
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-4,
An Ordinance of the City Council of the City of Newport Beach, California, Amending Section
1.08.120 (Definitions) of Title 1 (General Provisions), Section 5.95.042 (Maximum Number of
Permits), Section 5.95.043 (Transfer of Permit), and Section 5.95.065 (Suspensions and
Revocations) of Chapter 5.95 (Short -Term Lodging Permit) of Title 5 (Business Licenses and
Regulations) of the Newport Beach Municipal Code to Update Administrative Procedures Related
to Good Cause Determinations and the Extension of Deadlines, and pass to second reading on
March 25, 2025.
RESOLUTION FOR ADOPTION
6. Pulled from the Consent Calendar
CONTRACTS AND AGREEMENTS
7. Balboa Boulevard, Newport Boulevard, and 32nd Street Pavement Rehabilitation (Project
No. 22R11) - Notice of Completion for Contract No. 8833-2
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
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8. Newport Beach; Police Station Video Surveillance System Replacement (Project
No. 24F02) — Notice of Completion for No. 9500-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
9. Approval of On -Call Maintenance and Repair Services Agreement for Roll -Up Doors and
Gates with Excel Door & Gate Company, Inc. (C-7381-2)
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) Approve a Maintenance and Repair Services Agreement with Excel Door and Gate Company,
Inc. for on -call Roll -Up Door and Gates Maintenance and Repair Services for a five-year term
and total not -to -exceed amount of $550,000; and
c) Authorize the Mayor and City Clerk to execute the agreement.
10. Amendment No. One to Purchase and License Agreement with T2 Systems Canada, Inc.
for Multi -Space Pay Stations (C-8644-1)
a) Find this project 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 1578) 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 staff to purchase and replace the outdated pay stations over the next five years,
ensuring all units are replaced by the end of their 10-year lifespan, while maintaining
compliance with the City's Local Coastal Program Implementation Plan and the California
Vehicle Code;
c) Authorize the City Manager or designee to enter into an amendment to the existing agreement
to purchase, install and maintain up to 86 additional multi -space pay stations, replacing those
purchased between 2014 and 2018 as they reach the end of their 10-year lifespan in the coming
years, with an amount not -to -exceed $785,122.04; and
d) Waive the standard bidding requirements provided by City Council Policy F-14 and approve a
single source award of the agreement to T2 Systems, Inc. (T2).
MISCELLANEOUS
11. Planning Commission Agenda for the March 6, 2025 Meeting
Receive and file.
12. Cultural Arts Grants Fiscal Year 2024-25 (C-8577)
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 recommended recipients for Fiscal Year 2024-25 Cultural Arts Grants as selected by
the City Arts Commission in accordance with City Council Policy I-10, Culture and Arts Grants.
Motion by Mayor Pro Tern Kleiman, seconded by Councilmember Barto, to approve the Consent
Calendar, except the item that was removed (Item 6); and noting the amendments to Item 1.
The motion carried unanimously.
NIII. ITEM REMOVED FROM THE CONSENT CALENDAR
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6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy B-13 to Allow for
Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of
Resolution No. 2024-14
Mayor Stapleton and Mayor Pro Tem Kleiman recused themselves from Item 6 due to their
positions with the former operator of the event.
In response to Councilmember Blom's concern for the legitimacy of the Alcoholic Beverage Control
(ABC) license approval noted in Attachment A, Recreation and Senior Services Director Levin
indicated that it was incorrect and the applicant has been informed. He added that the applicant
was also provided clear direction and given a deadline of Thursday to abide by the rules for special
event permits. Furthermore, he stated that approving the item does not approve the alcohol request.
Motion by Councilmember Blom, seconded by Councilmember Barto, to a) find this project
exempt from the California Environmental Quality Act (CEQA) pursuant.to Section 15304 under
Class 4 (Minor Alterations to Land) because it has no potential to have a significant effect on the
environment; and b) adopt Resolution No. 2025-11, A Resolution of the City Council of the City of
Newport Beach, California, Waiving Section A.1 of City Council Policy B-13 to Allow for Alcoholic
Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14.
Kelly Carlson, President of the Balboa Village Merchant Association, relayed the lack of excitement
from local merchants for the event, the impact to local businesses and parking the event has to the
area, and concerns for local ties and participation.
Councilmember Blom acknowledged the impact to local merchants from larger events. He noted
that he would only move forward with staffs recommendation under the strict caveat that the
applicant abide by all special event permit requirements.
Councilmember Grant expressed her support for local business, partnerships, and events in the area
and noted strict protocols for events and the need to apply regulations fairly to all businesses.
In response to Councilmember Weigand's questions, Recreation and Senior Services Director Levin
stated the applicant was informed of this meeting multiple times, a different group is running the
event than last year, and that synergy with local merchants and events in Peninsula Park is
encouraged. He further stated that the alcohol waiver is not indefinite and is only valid this year.
With Mayor Stapleton and Mayor Pro Tem Kleiman recusing themselves, the motion
carried 5-0.
XIV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Luca Shakoori, Policy Intern for Supervisor Katrina Foley's office, relayed an update of a recent
ordinance that went into effect addressing nitrous oxide, discussed OCTA Measure M2 bond refinancing,
and expressed continued interest in partnering with the City.
XV. CURRENT BUSINESS
13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance No. 2022-8
Removing Sunset Date of April 21, 2025
Mayor Stapleton noted that staff provided a memo requesting that the item be pulled from the
agenda.
XVI. MOTION FOR RECONSIDERATION — None
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City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed on the Closed Session agenda and read the title.
Mayor Stapleton recessed the meeting at 5:41 p.m.
XVII. 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
and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport
Beach (PTEANB).
Mayor Stapleton reconvened the meeting at 7:47p.m.
XVIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
XIN. ADJOURNMENT - Adjourned at 7:47 p.m. in memory of Jack Croul
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 March 6, 2025, at 4:00 p.m.
NE Wp0
O� 'mum,
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Leilani I. Brown
City Clerk U ":.
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