HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MAY 9, 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
MAY 9, 2023
CLOSED SESSION - 4:00 P.M.
REGULAR MEETING - 5:00 P.M.
I. ROLL CALL — 4:00 p.m.
II. 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
EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters
State Farm General Insurance Company vs. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01279624-CU-PO-CJC
Marshall Senk et. al. vs. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01297253-CU-PO-CJC
Marshall Senk et. al. vs. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: The American Legion Newport Harbor Post No. 291, located at 215 15' Street,
Newport Beach California, 92663.
City Negotiators: Seimone Jurjis, Community Development Director, and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Evin D. Planto on behalf of the American Legion.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
IV. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — President Daniel M. Livingston, Church of Jesus Christ of Latter-day Saints,
Newport Beach
IX. PLEDGE OF ALLEGIANCE
City Council Meeting
May 9, 2023
Page 2
X. 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.
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• With two years in operation, evaluate the Boardwalk Ambassador Program and consider
options/alternatives to effectively manage the boardwalk for the upcoming summer
season [Stapleton]
Consider amending Chapter 5.95 (Short Term Lodging Permit) of the Newport Beach
Municipal Code to require that, at least once every three years, owners of a short-term
lodging unit make a minimum reinvestment in their property of at least ten percent of the
rent collected from the short-term rental of their property during the preceding
three years. Newly constructed lodging units would be exempt from this requirement for
five years following the receipt of a certificate of occupancy [Blom]
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— 11). 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
1. Minutes for the April 25, 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. 2023-25: Initiating an Amendment to the Newport Place Planned
Community Development Plan to Reduce the Minimum Percentage of Affordable
Residential Units (PA2023-0082)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3; and
City Council Meeting
May 9, 2023
Page 3
b) Adopt Resolution No. 2023-25, A Resolution of the City Council of the City of Newport Beach,
California, Initiating an Amendment to Newport Place Planned Community Development
Plan to Revise the Minimum Affordability Percentage of the Residential Overlay (PA2023-
0082).
4. Resolution No. 2023-26: Adopting Revised City Council Policy G-1 (Retention, Removal,
and Maintenance of City Trees)
a) Determine this action is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to
Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because the activities are in the classes of projects which have been determined
not to have a significant effect on the environment; and
b) Adopt Resolution No. 2023-26, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Revised City Council Policy G-1 (Retention, Removal and Maintenance
of City Trees).
5. Peninsula Encroachment Removal Project — Notice of Completion for Contract No. 8814-
1 (22M14)
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.
6. Award of On -Call Maintenance/Repair Services Agreement with South Coast Industrial
Door, Inc. for Roll -up Doors and Gates
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 On -Call Maintenance and Repair Service Agreement with South Coast Industrial
Door, Inc. for a term of five -years and a total not -to -exceed cost of $675,000, and authorize
the Mayor and City Clerk to execute the agreement.
7. Award of On -Call Maintenance and Repair Services Agreement with Animal Pest
Management Services, Inc. to Provide Vector Control Services for City Facilities and
Grounds
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 On -Call Maintenance and Repair Services Agreement with Animal Pest
Management Services, Inc. for Vector Control Services for a term of five years and a total
not -to -exceed amount of $275,000, and authorize the Mayor and City Clerk to execute the
agreement.
8. Approval to Purchase One Ford E-450 Type B Glaval Bus from A-Z Bus Sales and
Two Engine Driven Storm Water Pumps from Charles King Company
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 Purchase Order 22201093 for a Ford E-450 Type B Glaval Bus from A-Z Bus Sales,
Inc. for a total amount of $123,570.76;
c) Approve the Sole Source purchase of two Pioneer Engine Driven Storm Water Pumps from
Charles King Company of Signal Hill, the sole distributor for Pioneer Pumps in the Southern
California region, and authorize the execution of a Purchase Order for a total amount of
$255,745.97;
City Council Meeting
May 9, 2023
Page 4
d) Approve Budget Amendment No. 23-066, appropriating $102,817 in increased expenditures
in Account No. 7529032-911016 (Rolling Equipment) from unappropriated fund balance
reserves within the Equipment Fund; and
e) Authorize a contingency of $19,000 (approximately 5% of total quotes) to cover the cost of
unforeseen changes to the current quotes.
9. Approval of Professional Services Agreement with Kitchell/CEM, Inc. for Park Condition
Assessment and Park Maintenance Master Plan 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 (PSA) with Kitchell/CEM, Inc. for Park Condition
Assessment and Park Maintenance Master Plan Services for a not -to -exceed amount of
$249,785, and authorize the Mayor and City Clerk to execute the Agreement.
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10. Planning Commission Agenda for the May 4, 2023 Meeting
Receive and file.
11. Confirmation of Appointments to the General Plan Advisory 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 the General Plan Update Steering Committee's recommended appointments of
Susan DeSantis, Scott Laidlaw, and Harrison Rolfes to fill seats on the General Plan Advisory
Committee.
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.
XVII. PUBLIC HEARINGS
12. Ordinance Nos. 2023-4 and 2023-5: Code Amendments Related to Time Shares (2022-
0202)
a) Conduct a public hearing;
b) Find proposed amendments to Titles 20 and 21 of the NBMC are not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) and 15061(b)(3) of the
CEQA Guidelines, because it would not result in a direct or reasonably foreseeable indirect
physical change in the environment and is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the environment.
Additionally, the proposed amendments to Titles 20 and 21 of the NBMC are categorically
exempt pursuant to Section 15308 because the ordinances involve regulatory actions to
assure protection of the environment;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-
4, An Ordinance of the City Council of the City of Newport Beach, California, Approving an
Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related
to Time Shares (PA2022-0202), and pass to second reading on May 23, 2023; and
City Council Meeting
May 9, 2023
Page 5
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-
5, An Ordinance of the City Council of the City of Newport Beach, California, Approving and
Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal
Commission Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code Related to Time Shares (PA2022-0202), and pass to second reading
on May 23, 2023.
13. Ordinance No. 2023-6: A Code Amendment Updating Commercial Parking Requirements
(PA2021-104)
a) Conduct a public hearing;
b) Find the introduction and adoption of this ordinance is not subject to the California
Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public
Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code
of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). The Code Amendment is
also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
applies only to projects, which have the potential for causing a significant effect on the
environment;
c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2023-6, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to
Commercial Parking (PA2021-104), and pass to second reading on May 23, 2023; and
d) Adopt Resolution No. 2023-27, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of a Local Coastal Program Amendment to Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to
Commercial Parking (PA2021-104).
XVIII. CURRENT BUSINESS
14. Resolution Nos. 2023-28 and 2023-29: Assessment District No. 120-2 and Assessment
District No. 124 — Authorization of Limited Obligation Improvement Bonds
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. 2023-28, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Providing for the Issuance of Bonds Pursuant to the Provisions
of the Improvement Bond Act of 1915 for City of Newport Beach Assessment District
No. 120-2 and Approving Certain Documents and Authorizing Certain Actions in Connection
Therewith;
c) Adopt Resolution No. 2023-29, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Providing for the Issuance of Bonds Pursuant to the Provisions
of the Improvement Bond Act of 1915 for City of Newport Beach Assessment District No. 124
and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith;
and
d) Authorize the City Manager, the Finance Director, or their designee(s) to take any and all
actions necessary to execute and deliver any and all documents deemed necessary or
advisable in consultation with the City Attorney and Bond Counsel in order to carry out the
intent of the resolutions and the Bond Purchase Agreement.
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
Testimony given before the City Council is recorded.
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