HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
FEBRUARY 14, 2023
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 5:30 P.M.
NOAH BLOM, Mayor
WILL O'NEILL, Mayor Pro Tern
BRAD AVERY, Council Member
ROBYN GRANT, Council Member
LAUREN KLEIMAN, Council Member
JOE STAPLETON, Council Member
ERIK WEIGAND, Council Member
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 two hundred fifty dollars
($250) 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.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee
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 Leilani Brown prior to the meeting to inform us of
your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
FEBRUARY 14, 2023
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. National Mentoring Month Presentation by Big Brothers Big Sisters of Orange County
SS3. Ocean Boulevard Vision Plan
At the City Council's direction, the Parks, Beaches and Recreation Commission (PB&R)
prepared a list of recommendations that staff will present for City Council consideration
regarding Ocean Boulevard in Corona del Mar. Ocean Boulevard includes a string of scenic
vistas and lookout points that are connected by sidewalk from Poppy Avenue to Carnation
Avenue. PB&R recommendations include a list of potential improvements and a request for
design funds to be included in the FY 2023-24 CIP Budget.
III. PUBLIC COMMENTS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 2 matters
1. Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini,
Human Resources Director, and Charles Sakai, Esq.
Employee Organizations and Unrepresented Employees: Association of Newport Beach
Ocean Lifeguards (ANBOL); Newport Beach Employee League (NBEL); Newport Beach
Lifeguard Management Association (NBLMA); Newport Beach City Employees Association
(NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management
Association (NBFMA); Newport Beach Police Association (NBPA); Newport Beach Police
Management Association (NBPMA); Part Time Employees Association of Newport Beach
(PTEANB); Newport Beach Professional and Technical Employee Association (NBPTEA), and
unrepresented employees not in positions designated as Key and Management.
2. Agency Designated Representatives: Noah Blom, Mayor, and William O'Neill, Mayor Pro
Tem.
Unrepresented Employees: Unrepresented employees in positions designated as Key and
Management. Negotiations with the City Council Appointees (including the City Manager,
City Attorney, and City Clerk) will not be considered as part of this agenda item.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
City Council Meeting
February 14, 2023
Page 2
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Chaplain Kathy Gilbert, Calvary Chapel of Costa Mesa
X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non -agenda items.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 13). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three (3) minutes. Before speaking, please state your name for the record. If
any item is removed from the Consent Calendar by a Council Member, members of the public are
invited to speak on each item for up to three (3) 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. Council Members 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
Minutes for the January 24, 2023 City Council Meeting and January 28, 2023 Planning
Session
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.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2023-1: Zoning Code Amendment to Change the Development Limit
Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-
087)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 - Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, because this project has no potential to have a significant effect on the
environment; and
b) Conduct second reading and adopt Ordinance No. 2023-1, An Ordinance of the City Council
of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2022-
005 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to
25 Maximum Dwelling Units (PA2022-087).
City Council Meeting
February 14, 2023
Page 3
4. Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law (PA2021-113)
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to 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. 2023-2, An Ordinance of the City Council
of the City of Newport Beach, California, Adopting Code Amendment No. CA2021-005
Amending Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal
Code to Implement Council Policy K-4 (Reducing the Barriers to the Creation of Housing)
and New State Law Requirements Related to Accessory Dwelling Units (PA2021-113).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2023-9: Adopting a Revised City Council Policy A-1 (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. 2023-9, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Revised City Council PolicyA-1 "City Council."
6. Resolution No. 2023-10: Dissolving the Affordable Housing Task Force
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. 2023-10, A Resolution of the City Council of the City of Newport Beach,
California, Dissolving the Affordable Housing Task Force.
CONTRACTS AND AGREEMENTS
7. Newport Beach Police Station Upstairs Restroom Remodel (Project No. 22F02) — Notice
of Completion for Contract No. 7900-2
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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
8. Concrete Replacement Program — Award of Contract No. 8921-1 (23R06)
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 a Reimbursement Agreement with Newport -Mesa Unified School District for
concrete improvements adjacent to Corona del Mar High School and Ensign Intermediate
School;
c) Approve Budget Amendment No. 23-049 appropriating $102,850 in new revenue and
expenditures from Newport Mesa Unified School District to 13501-980000-23R06;
d) Approve the project plans and specifications;
e) Award Contract No. 8921-1 to Towo Enterprise, Inc. for the bid price of $1,096,200 for the
FY 2022-23 Concrete Replacement Program, and authorize the Mayor and City Clerk to
execute the contract; and
f) Establish a contingency of $110,000 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
City Council Meeting
February 14, 2023
Page 4
9. 2022-2023 Citywide Facilities Painting Project — Award of Contract No. 8940-1 (23F02)
a) Find this Project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion or an
existing use) 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. 8940-1 to Tony Painting for the bid price of $377,175 for the 2022-2023
Citywide Facilities Painting Project, and authorize the Mayor and City Clerk to execute the
contract; and
d) Establish a contingency of $56,325 (approximately 15 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
10. Lower Bay Dredging: Memorandum of Agreement with the US Army Corps of Engineers
for City Contributed Funds to Dredge Non -Federal Channels
a) Find that the approval of MOA-2 with USACE is covered by the Final EIR No. ER2021-001
(SCH No. 2109110340) in accordance with the California Environmental Quality Act (CEQA),
and the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI)
prepared by USACE in accordance with the National Environmental Protection Act (NEPA),
and that approval of the MOA-2 with USACE will not result in new or additional significant
effects on the environment;
b) Authorize the Mayor to execute MOA-2 with USACE relating to Additional Dredging in
connection with the Lower Newport Bay dredging project; and
c) Authorize the City Manager to execute any future agreements concerning the execution of
the Lower Bay Dredging and Confined Aquatic Disposal Construction Project.
11. Approval of Purchase Order for Procurement of Print Materials
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 City Manager to approve a purchase order for the Library to order print
materials through Brodart over the current and next three fiscal years, not to exceed
$300,000 annually, for a total not -to -exceed amount of $1,200,000.
MISCELLANEOUS
12. Confirmation of Citizen Appointments to the Finance 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; and
b) Confirm Council Member Brad Avery's appointment of Nancy Scarbrough, Council Member
Robyn Grant's appointment of Keith Curry, and Council Member Lauren Kleiman's
appointment of Allen Cashion to serve on the Finance Committee until June 30, 2023.
13. Confirmation of Nominations to Fill the Vacancies on the Planning Commission
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Confirm the nominations of Brady Barto, David Salene, Debbie Stevens, Ekta Naik, and
Jonathan Langford to fill the two vacancies on the Planning Commission.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
February 14, 2023
Page 5
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject
matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before
speaking, please state your name for the record.
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14. Ordinance No. 2023-3 and Resolution Nos. 2023-11 and 2023-12: A General Plan
Amendment to Change the Land Use Designation of 3014 Balboa Boulevard from
Commercial to Residential
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment and that the exceptions to
the Class 3 exemption do not apply;
c) Adopt Resolution No. 2023-11, A Resolution of the City Council of the City of Newport Beach,
California, Approving a General Plan Amendment to Change the Land Use Category from
Neighborhood Commercial (CN) to Two -Unit Residential (RT) for the Property Located at
3014 Balboa Boulevard (PA2020-060);
d) Adopt Resolution No. 2023-12, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-005 to
the California Coastal Commission Amending the Coastal Land Use Plan and Title 21 of the
Newport Beach Municipal Code Land Use and Zoning Designation from Commercial
Neighborhood (CN) to Two -Unit Residential (RT-E) and Setback Map S-2B to Remove a
Front Setback for the Property Located at 3014 Balboa Boulevard (PA2020-060); and
e) Waive full reading, direct City Clerk to read by title only, and introduce Ordinance No. 2023-
3, An Ordinance of the City Council of the City of Newport Beach, California, Approving an
Amendment to Title 20 of the Newport Beach Municipal Code to Change the Zoning District
from Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and Amend Setback
Map S-2B to Remove a Front Setback for the Property Located at 3014 Balboa Boulevard
(PA2020-060), and pass to second reading on February 28, 2023.
XVIII. CURRENT BUSINESS
15. Sculpture Exhibition in Civic Center Park - Phase VIII
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 10 sculptures and their placement and three alternate sculptures within Civic
Center Park as selected by the public and recommended by the City Arts Commission for
the temporary sculpture exhibit.
16. Resolution No. 2023-13: Resolution of Intention to Reimburse Project Costs from the
Proceeds of the Issuance of Bonds for Assessment District No. 120-2 (West Newport
Heights) and Assessment District No. 124 (Balboa Island - Phase 0) at a Future Date and
Award of Contract No. 7977-2
a) Acknowledge the project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical utility distribution
lines where the surface is restored to the condition existing prior to the undergrounding) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it will not
have an adverse effect on the environment;
b) Approve the project plans and specifications;
City Council Meeting
February 14, 2023
Page 6
c) Adopt Resolution No. 2023-13, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Reimburse Project Costs from the Proceeds of the
Issuance of Bonds for Assessment District No. 120-2 and Assessment District No. 124;
d) Award Contract No. 7977-2 to Hot Line Construction, Inc. for the bid amount of $5,097,207
for the Underground Utility Assessment District No. 120-2 (West Newport Heights) and
Underground Utility Assessment District No. 124 (Balboa Island — Phase 0) project, and
authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $250,000 (approximately 5 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
XIX. 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 Council Members who voted with the prevailing
side.
XX. ADJOURNMENT — In memory of Pat Nangle
Testimony given before the City Council is recorded.
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