HomeMy WebLinkAbout03/25/2025 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
March 25, 2025
I. ROLL CALL - 4:02 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. INVOCATION - Mayor Stapleton
III. PLEDGE OF ALLEGIANCE - Councilmember Grant
IV. PRESENTATIONS
• Proclamation Recognizing National Library Week
Mayor Stapleton read the proclamation and presented it to Chase Rief, Chair of the Board of Library
Trustees, and Library Services Director Hartson who thanked Council for their support and
recognition, introduced other members of the library team, and noted this year's theme "Drawn to
the Library."
• Recognition of Newport -Mesa Unified School District Students
Coach Bryan Middleton introduced the Corona del Mar High School girls varsity golf team. He
thanked the City of Newport Beach, the Newport -Mesa Unified School District, Principal Jake
Healy, and Athletic Director Brian Walsh, and noted the team won the school's first ever CIF golf
championship.
Coach Ross Sinclair introduced the Newport Harbor High School boys varsity water polo team and
commented on the team's 34 wins on the road.
• History of the Balboa Island Ferry by Seymour Beek
Seymour Beek utilized a presentation to provide a history of the Balboa Island Ferry.
In response to Mayor Stapleton's question, Mr. Beek replied that about 1.5 million people use the
ferry each year.
Councilmember Grant commented that Mr. Beek is well loved in the community and thought his
presentation was remarkable.
V. NOTICE TO THE PUBLIC
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Weigand:
• Presented a slide to report on the Orange County Mosquito and Vector Control District's Sterile
Insect Technique (SIT)
• Shared February statistics regarding City development activities, including permits, inspections,
and code enforcement
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Councilmember Barto:
• Attended the Orange County Watershed Committee meeting, trash interceptor tour, as well as the
District 5 Mayor's meeting and medical campus tour
• Attended Jamboree medical campus tour and Citizens Police Academy
• Participated in the Annual Spirit Run
Councilmember Grant:
• Attended the Association of California Cities — Orange County (ACC-OC) advocacy trip with Mayor
Pro Tem Kleiman, the NBPD Mobile Cafe on the Peninsula, the Annual Spirit Run and Dog Mile
and extended her appreciation to Diane Daruty and her team, and Assembly Member Diane Dixon's
72nd Women of the Year event
• Displayed a slide of the OASIS Senior Center's Talent Show
• Met with Councilmember Weber to discuss emergency evacuation scenarios for Newport Coast
• Attended the Historical Society's Gala presented by Bill Lobdell
• Displayed a Yeti mug from the Newport Beach Animal Shelter and presented one to each
Councilmember
• Displayed a slide of Orange County Supervisor Janet Nguyen's Women of Distinction event and
presented Mayor Pro Tem Kleiman with her plaque since she was not able to attend the event
Mayor Pro Tem Kleiman:
• Attended the ACC-OC advocacy trip
Mayor Stapleton:
• Continued the Mayor's State of the City tour
• Attended the Laguna Beach State of the City Mayor's luncheon and the Annual Spirit Run
• Complimented the Eagle Four Partners, Scott Easton, and the Newport Beach Country Club for the
Hoag Classic
• Attended the Newport Beach Historical Society Gala, the Navy League event to present a certificate
to Admiral Swift, and a Pacific Sotheby's Realty meeting to present the State of the City
VII. PUBLIC COMMENTS ON CONSENT CALENDAR
Adam Leverenz thought long-term lodging in residential areas is something to be aspired for (Item 3)
and suggested a child or student menu be included at the Central Library concession stand (Item 9).
Denys Oberman noted the correspondence she sent to Council regarding Item 3, thought the proposal
will interfere with the City's goal to reduce short term lodging (STL) permits in residential areas, and
objected to giving the Finance Director unilateral authority to adjudicate and indefinitely postpone
actions that are within the City's regulations.
Jim Mosher thought the ordinance related to Item 3 is not written as well as it should be and noted
what he thought was a discrepancy in the information provided by the City for the rate at which STL
applications come off the waiting list each year. In addition, regarding Item 9, he suggested providing
clarification to the public about the vendor selection process.
VIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 11, 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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ORDINANCE FOR ADOPTION
3. 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) Conduct second reading and adopt 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 I
(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.
RESOLUTION FOR ADOPTION
4. Resolution No. 2025-12: Creating the Ad Hoc Refuse Committee
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) Adopt Resolution No. 2025-12, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Ad Hoc Refuse Committee; and
c) Confirm the appointments of Councilmember Robyn Grant and Councilmember Michelle Barto
to serve on the Ad Hoc Refuse Committee.
CONTRACTS AND AGREEMENTS
5. Irrigation Controller Replacement Phase 2 — Award of Contract No. 9735-1
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) Award Contract No. 9735-1 to EMTS for the total bid price of $480,202.74 for the replacement
of 37 irrigation controllers, and authorize the Mayor and City Clerk to execute the agreement;
and
c) Establish a contingency of $24,000 (approximately 5% of total bid) to cover the cost of unforeseen
work not included in the original contract.
6. Approval to Increase the Purchase Order Amount with W. W. Grainger, Inc. for
As -Needed Procurement of Public Works Department Maintenance and Repair Tools,
Materials and Supplies
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 change order to Purchase Order No. 22500148 with W. W. Grainger, Inc., increasing
the amount from $120,000 to $200,000 for FY 2024-25; and
c) Approve issuing a purchase order with W. W. Grainger, Inc., for $200,000 for FY 2025-26 on or
after July 1, 2025.
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7. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well
Management Services (C-8490-1)
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. Seven to the Professional Services Agreement with Sampson Oil
Company for Oil Well Management Services, which extends the contract to June 30, 2026, and
increases the contract amount by $750,000, and authorize the Mayor and City Clerk to execute
the Agreement.
Mayor Stapleton recused himself from Item 7 due to potential real property interest
conflicts based on the location of the project in relation to his personal residence.
8. Professional Services Agreement with Environmental Science Associates for
Environmental Services Related to Proposed Improvements at Back Bay Landing and
Bayside Village Marina (PA2024-0135) (C-9843-1)
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) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with
Environmental Science Associates for Supplemental EIR Related to Back Bay Landing and
Bayside Village Marina Improvement Project in an amount not -to -exceed $426,100, in a form
substantially similar to the agreement attached to the staff report.
Mayor Stapleton recused himself from Item 8 under the Levine Act, based on having
received a campaign contribution in excess of $500.
9. Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at
the Central Library Located at 1000 Avocado Avenue (C-9844-1)
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 Concession Agreement between the
City of Newport Beach and Kit at the Library, Inc., for use of the concession facility at the
Central Library, located at 1000 Avocado Avenue, 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.
10. Amendment to Professional Services Agreement with Dudek, Inc. for Consulting Services
on the Comprehensive General Plan Update (PA2022-080) (C-9358-1)
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 the Professional Services Agreement with Dudek, Inc. for
Consulting Services on the Comprehensive General Plan Update, which augments the Scope of
Work, extends the contract to June 30, 2026, and increases the contract amount by $128,479.99
for a total not -to -exceed amount of $1,606,509.74, and authorize the Mayor and City Clerk to
execute Amendment No. One to the Agreement.
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MISCELLANEOUS
11. General Plan Annual Progress Report Including Housing Element Report for 2024
(PA2025-0008)
a) Find the preparation, review and submission of the 2024 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA) as the actions are not a project as
defined by Section 15378(b)(2) of the Public Resources Code;
b) Approve the 2024 General Plan Progress Report, including the Housing Element Annual
Progress Report; and
c) Authorize submittal of the 2024 General Plan Progress Report to the State Office of Land Use
and Climate Innovation and the submittal of the Housing Element Annual Progress Report to
the State Department of Housing and Community Development.
Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Weber, to approve the
Consent Calendar; and noting the amendment to Item 1 and the recusals by Mayor Stapleton to
Items 7 and 8.
The motion carried unanimously.
IX. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
X. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS - None
X1. CURRENT BUSINESS
12. Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the Newport Beach
Municipal Code Related to Timeframes for Completion of Construction
Mayor Pro Tem Kleiman appreciated that staff took another look at this item and brought it back
to Council. She thought the new proposed ordinance strikes the right balance between flexibility for
construction projects and consideration of the impacts to residents.
Jim Mosher thought there was a lack of clarity relative to incomplete construction projects.
Motion by Councilmember Grant, seconded by Mayor Pro Tem Kleiman, to a) find this
action 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 it has no potential
for resulting in 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. 2025-5, 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, and pass
to second reading on April 15, 2025.
The motion carried unanimously.
XII. MOTION FOR RECONSIDERATION - None
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles.
Mayor Stapleton recessed the meeting at 4:56 p.m.
XIII. CLOSED SESSION - Council Chambers Conference Room
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A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 3 matters
1. Property: 3848 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel No. 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.
2. Property: 12 Corporate Plaza Drive, Newport Beach, CA 92660 (Assessor Parcel Nos. 442-271-
12 and 442-271-30).
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: John Pomer on behalf of Junkins 12 Corporate Plaza, LLC; and
The Irvine Company
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
3. Property: 707 E. Balboa Blvd, Newport Beach, CA 92661 (Assessor Parcel No. 048-135-02).
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Linda Sadeghi on behalf of Balboa Theater Company, 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).
Mayor Stapleton reconvened the meeting at 6:39 p.m.
XIV. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
XV. ADJOURNMENT - Adjourned at 6:39 p.m. in memory of Mary Romeo and Fran Ursini
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City of Newport Beach
March 11, 2025
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 20, 2025, at 4:00 p.m.
q4z
4or Leil ni . Brown
City Clerk
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