HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 15, 2025
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 P.M.
CLOSED SESSION — FOLLOWS MOTION FOR CONSIDERATION
JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tern
MICHELLE BARTO, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
SARA J. WEBER, 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 five hundred dollars ($500)
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.
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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 .newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
APRIL 15, 2025
REGULAR MEETING - 4:00 P.M.
CLOSED SESSION - FOLLOWS MOTION FOR CONSIDERATION
ROLL CALL — 4:00 p.m.
INVOCATION — Dave Manne, Pastor Emeritus, Calvary Chapel of Costa Mesa
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS
• History of the Development of Lido Isle and Other Islands of Newport Beach by Bill Lobdell
• Proclamation Recognizing Working Wardrobes
V. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Public comments are invited on agenda and 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.
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
VII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider creating a City Council Ad Hoc Committee to review the City's policy on the use
of pesticides and make recommendations to the City Council [Weber]
• Consider removing the property located at 1501 16' Street from the City's General Plan,
so it is no longer designated as a housing opportunity site [Weigand]
• Consider creating a Historian Laureate program to increase public awareness of the
history of the City [Grant and Stapleton]
Vill. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 11). 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.
City Council Meeting
April 15, 2025
Page 2
IX. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 25, 2025 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the Newport Beach
Municipal Code Related to Timeframes for Completion of Construction
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 21080.17 of the Public Resource Code and 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 of the Government Code are
exempt from the requirements of CEQA; and
b) Conduct second reading and adopt Ordinance No. 2025-5, An Ordinance of the City of
Council of the City of Newport Beach, California, Amending Section 15.02.095 (Section
105.3.4) of the Newport Beach Municipal Code Related to Timeframes for Completion of
Construction.
CONTRACTS AND AGREEMENTS
4. FY 2023-24 Traffic Signal Rehabilitation Project (Project No. 24T01) — Notice of Completion
for Contract No. 9416-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
5. Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation — Award of Contract
No. 9749-1 (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) Find the bid submitted by EverFence Corporation to be non -responsive;
d) Award Contract No. 9749-1 to Gold Coast Fence Inc., for the total bid price of $304,768 for
the Corporation Yard, Utility Yard and Oilfield Gate Rehabilitation, and authorize the Mayor
and City Clerk to execute the contract; and
e) Establish a contingency of $30,500 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
6. Slurry Seal Program FY 2024-25 — Award of Contract No. 9717-1 (25R04)
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 No. 9717-1 to American Asphalt South, Inc. for the total bid price of
$1,176,197 for the Slurry Seal Program FY 2024-25 project, and authorize the Mayor and
City Clerk to execute the contract; and
d) Establish a contingency of $58,800 (approximately 5% of total bid) to cover the cost of
unforeseen work not included in the original contract.
City Council Meeting
April 15, 2025
Page 3
7. Approval of Amendment No. Three to On -Call Maintenance and Repair Services
Agreement with Ray Brian Carmody dba Carmody Construction Company (C-8480-1A)
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. Three to On -Call Maintenance and Repair Services Agreement
with Ray Brian Carmody dba Carmody Construction Company to increase the not -to -exceed
amount by $200,000 for a new not -to -exceed amount of $387,500, and authorize the Mayor
and City Clerk to execute the amendments.
8. Approval of Professional Services Agreement with Griffin Structures, Inc. for the
Fire Station No. 1 / Balboa Branch Library Construction Management (Project 23F12)
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 Griffin Structures, Inc. for the Fire Station
No. 1 / Balboa Branch Library project construction management contract for a total
not -to -exceed amount of $1,220,750, and authorize the Mayor and City Clerk to execute the
agreement.
9. Approval of Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt
& Nichol for On -Call Marine / Coastal Engineering and Harbor Related 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 Professional Services Agreements with Anchor QEA, Inc., Dudek, and Moffatt &
Nichol with each agreement being for a term of five years and a total not -to -exceed amount
of $500,000, and authorize the Mayor and City Clerk to execute the agreements.
10. Professional Services Agreement with Carpi & Clay, Inc. for Federal Advocacy 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 the Professional Services Agreement with Carpi & Clay, Inc. of Washington, D.C.,
for federal advocacy services for an initial one-year term, ending April 15, 2026, with
two, optional one-year extensions and a total not -to -exceed amount of $343,800, and
authorize the Mayor and City Clerk to execute the agreement.
11. Approval of Professional Service Agreement with Bloc Films, LLC for Junior Lifeguard
Video Production 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 Professional Services Agreement with Bloc Films LLC with a two-year initial term,
with three additional one-year extensions (for a total possible five-year term), for a total not -
to -exceed amount of $375,760, and authorize the Mayor and City Clerk to execute the
agreement.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
X. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
April 15, 2025
Page 4
XI. PUBLIC HEARING
12. Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use
Commission's Determination of Inconsistency for an Amendment to the Housing
Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205)
a) Conduct a public hearing;
b) Find that the proposed overriding action is not subject to 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 because it has
no potential for resulting in physical change to the environment, directly or indirectly; and
c) Adopt Resolution No. 2025-13, A Resolution of the City Council of the City of Newport Beach,
California, Notifying the Orange County Airport Land Use Commission and State Department
of Transportation, Aeronautics Program of the City's Intention to Find that the Amendment
to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and Pending
Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of the
Newport Beach Municipal Code Related to the Implementation of the Housing Element is
Consistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2024-0205).
XII. CURRENT BUSINESS
13. Revocable License Agreement with Heritage Wellness Collective for Temporary Use of
City Property for the Corona del Mar Farmers' Market
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) Authorize the City Manager and City Clerk to execute the Revocable License Agreement
between the City of Newport Beach and Heritage Wellness Collective, for Temporary Use of
the City Property for the Corona del Mar Community Market, 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 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.
XIII. 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.
XIV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 3 matters
1. 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 on behalf of 3848 Campus Drive LP.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
City Council Meeting
April 15, 2025
Page 5
2. Property: 4200 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel Number 427-
121-01).
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Kavous Gitibin on behalf of 4200 Building LLC.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
3. Property: 1400 Quail Street, Newport Beach, CA 92660
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Angela Brand on behalf of Davenport Quail Partners, LLC
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, 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).
C. 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.
D. 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.
E. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Barbara Salvini v. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC
XV. CLOSED SESSION REPORT
City Council Meeting
April 15, 2025
Page 6
XVI. ADJOURNMENT — In memory of Peggy Fort and Police Officer Bob Henry
Testimony given before the City Council is recorded.
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