HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 11, 2023
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 5:00 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
APRIL 11, 2023
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 5:00 P.M.
ROLL CALL — 4:00 p.m.
PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
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.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
IV. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Sandra Brown, Spiritual Assembly of Bahais of Newport Beach
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATIONS
• DMV/Donate Life California Month Proclamation
• City of Hope OC Presentation
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 — 9). 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.
City Council Meeting
April 11, 2023
Page 2
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
1. Minutes for the March 28, 2023 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2023-17: Amendments to the Records Retention Schedule
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. 2023-17, A Resolution of the City Council of the City of Newport Beach,
California, Amending Certain Sections of the Records Retention Schedule and Authorizing
Destruction of Certain Records Accordingly.
4. Resolution No. 2023-18: Extending the Expiration Date of the Ad Hoc Municipal Code and
Policy Review 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. 2023-18, A Resolution of the City Council of the City of Newport Beach,
California, Extending the Expiration Date of the Ad Hoc Municipal Code and Council Policy
Review Committee to June 30, 2024;
c) Confirm Mayor Noah Blom's appointment of Lauren Kleiman to the Ad Hoc Municipal Code
and Council Policy Review Committee; and
d) Direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks,
Beaches and Recreation Commission, and the Planning Commission to each form an ad hoc
committee for the purposes of reviewing the Municipal Code and City Council Policies within
that particular body's area of expertise and submit back to the City Council by June 30, 2024,
recommendations concerning (1) deleting or reducing language; and (2) the advisability of
applying sunset provisions for new or existing Municipal Code provisions.
CONTRACTS AND AGREEMENTS
5. FY2022-23 Traffic Signal Rehabilitation Project — Award of Contract No. 9095-1 (23T01)
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 the project plans and specifications;
c) Award Contract No. 9095-1 to International Line Builders, Inc. dba ILB Electric for the bid
price of $680,411, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $68,000 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
City Council Meeting
April 11, 2023
Page 3
6. Slip Rental Agreement with Sailing Fascination to Berth at the Balboa Yacht Basin,
Located at 829 Harbor Island Drive
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 a 5-year Slip Rental Agreement by and
between Sailing Fascination and the City of Newport Beach for use of slip B-1 at the Balboa
Yacht Basin, in a form substantially similar to the agreement prepared by the City Attorney;
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, and based on the unique
services provided by tenant, its board members are appointed through a process that
ensures board members maintain the requisite experience and contributions to the tenant's
operations.
7. Three Year Software License Agreement for Microsoft
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 renewal Software License Agreement with
Dell Inc. for a three-year period for all Microsoft products in the amount of $230,336.70 per
year.
MISCELLANEOUS
8. Planning Commission Agenda for the April 6, 2023 Meeting
Receive and file.
9. Request to Appropriate Ackerman Funds for the Purchase of a New Projector for the
Friends Meeting Room at the Central Library
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 use of $32,533.05 from the Ackerman Fund; and
c) Approve Budget Amendment No. 23-058 to increase expenditure appropriations by the same
amount in account 83160-911024 for purchase and installation of a new projector for the
Friends Meeting Room.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
City Council Meeting
April 11, 2023
Page 4
XVII. CURRENT BUSINESS
10. Resolution No. 2023-19: Approving Side Letter Agreements with the Labor Groups
Representing City Employees, Approving a Third Amendment to the Key and Management
Compensation Plan, and Adopting New Salary Schedules
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. 2023-19, A Resolution of the City Council of the City of Newport Beach,
California, Approving Side Letter Agreements with the Labor Groups Representing City
Employees, Approving a Third Amendment to the Key and Management Compensation Plan,
and Adopting New Salary Schedules.
XVIII. 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.
XIX. ADJOURNMENT
Testimony given before the City Council is recorded.
The timer light will turn yellow when the speaker has one minute remaining.
The timer light will turn red when the speaker has 10 seconds remaining.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE