HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JUNE 27, 2023
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 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 citvclerk6d�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JUNE 27, 2023
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 P.M.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters
Title: Grace Leung, City Manager
Title: Aaron Harp, City Attorney
Title: Leilani Brown, City Clerk
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters
Agency Designated Representatives: Noah Blom, Mayor, and Will O'Neill, Mayor Pro Tem.
Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and
Leilani Brown, City Clerk.
IV. RECESS
V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Dr. Sayed Moustafa al-Qazwini, Islamic Educational Center of Orange County
IX. PLEDGE OF ALLEGIANCE
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.
City Council Meeting
June 27, 2023
Page 2
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 18). 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.
XIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 13, 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.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2023-7: Amending Newport Beach Municipal Code Section 3.36.030
Related to Cost Recovery
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) Conduct a second reading and adopt Ordinance No. 2023-7, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code
Section 3.36.030 Related to Cost Recovery Percentages.
4. Ordinance No. 2023-10: Establishing the "VE" Special Flood Hazard Area Overlay District
(PA2018-075)
a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act
(CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections
15060(c)(2), 15060(c)(3) and 15378. The action is also exempt pursuant to State CEQA
Guidelines Section 15061(b)(3) because it has no potential to a have a significant effect on
the environment. The amendments themselves do not authorize development that would
directly result in physical change to the environment; and
b) Conduct second reading and adopt Ordinance No. 2023-10, 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 to Establish the Special Flood Hazard (VE) Overlay District
(PA2018-075).
City Council Meeting
June 27, 2023
Page 3
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2023-39: Authorizing the Temporary Closure of Selected Streets for the
Fourth of July Holiday Period
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) Adopt Resolution No. 2023-39, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange
Street from Traffic Off of Pacific Coast Highway, San Joaquin Hills Road Between Back Bay
Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga between
Via Oporto and Via Lido.
6. FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines,
because this project results in no expansion of an existing use and has no potential to have
a significant effect on the environment;
b) Approve the project plans and specifications;
c) Declare the bid submitted by Western State Builders, Inc. (WSB) of Escondido, CA as
non -responsive;
d) Award Contract No. 8953-1 to R.E. Schultz for the base bid price of $293,315, and authorize
the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $30,000 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract.
7. Approval of Amendment No. One to Maintenance and Repair Services Agreement for
Landscape Maintenance of Medians and Roadsides with BrightView Landscape Services,
Inc. (Contract No. 8651-1)
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 Maintenance and Repair Services Agreement with
BrightView Landscape Services, Inc. (BrightView) for Landscape Maintenance of Medians
and Roadsides to increase the contract fixed -maintenance not -to -exceed amount by
$131,750 annually for four and half years plus CPI for a total fixed -maintenance not -to -
exceed amount of $14,869,688; and increase the on -call portion of the contract by
$2,280,000 for a new on -call NTE amount of $4,380,068, and authorize the Mayor and City
Clerk to sign the amendment. The amendment would raise the total overall contract NTE
from $16,350,000 to $19,249,756.
8. Approval to Purchase Five Toyota Tacoma Pick Up Trucks from RP Automotive of
Downey, CA
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 Budget Amendment No. 23-076, appropriating $104,304.60 in increased
expenditures in Account No. 7529032-911016 (Rolling Equipment) from unappropriated fund
balance reserves within the Equipment Fund;
c) Approve a Purchase Order for five Toyota Tacoma pickup trucks from RP Automotive of
Downey, CA, for a total amount of $165,341; and
d) Authorize a contingency of $8,500 (approximately 5% of total quotes) to cover the cost of
unforeseen changes to the current quotes.
City Council Meeting
June 27, 2023
Page 4
9. Professional Services Agreement with American Global Security, Inc. for Security Guard
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;
b) Approve Professional Services Agreement with American Global Security, Inc. for Security
Guard Services in an amount not to exceed $550,000, and authorize the Mayor and City
Clerk to execute the agreement; and
c) Approve Budget Amendment No. 24-005, appropriating $70,000 in increased expenditure in
the City Manager's Office - Administration - Professional Services Account,
01020005-811008, from unappropriated fund balance reserves of the General Fund.
10. Amendment No. One to the Amended and Restated Ground Lease with Balboa Bay Club
Ventures, LLC for the Tidelands Property Located at 1221 West Coast Highway
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 it 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 Amendment No. One to Amended and
Restated Ground Lease by and Between the City of Newport Beach and Balboa Bay Club
Ventures, LLC, for the tidelands property located at 1221 West Coast Highway, in a form
substantially similar to the agreement prepared by the City Attorney's Office.
11. Software License Agreement with Dell for Microsoft Products
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 Software License Agreement with Dell Marketing L.P., a Delaware corporation,
for a three-year term for Microsoft software products in the total amount of $210,829.29, and
authorize the Mayor and City Clerk to execute the Agreement.
12. First Amendment to Temporary Employment Agreement with Former Employee Anne
Donnelly
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 first amendment to the Temporary Employment Agreement with former employee
Anne Donnelly, who retired on December 19, 2020, to fill the position of Police Dispatcher -
P/T for a limited duration while the Police Department works to fill the staffing shortages and
authorize the Mayor and City Clerk to execute the agreement.
13. Agreement with RCS Investigations and Consulting, LLC, for Background Investigative
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 RCS Investigations and Consulting, LLC,
for Background Investigative Services in an amount not -to -exceed $550,000, and authorize
the Mayor and City Clerk to execute the Agreement.
City Council Meeting
June 27, 2023
Page 5
14. Award of On -Call Harbor Maintenance/Repair Services Agreement with Swift Slip Dock &
Pier Builders, Inc. for On -Call Dock Maintenance
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 an On -Call Maintenance/Repair Services Agreement with Swift Slip Dock & Pier
Builders, Inc. for On -Call Dock Maintenance at a not -to -exceed amount of $400,000 over five
years, and authorize the Mayor and City Clerk to execute the agreement.
15. Approval of a Professional Services Agreement with Dudek, Inc. for Consulting Services
for the Comprehensive General Plan Update (PA2022-080)
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, California Code
of Regulations, Title 14, Division 6, Chapter 3, because this action will not result in a physical
change to the environment, directly or indirectly; and
b) Approve and authorize the Mayor and City Clerk to execute a Professional Services
Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan
Update in an amount not to exceed $1,478,029.75 in a form substantially similar to the
agreement attached to the staff report.
I►W RY 1 4��� 1►�I x�1►1►�1
16. Planning Commission Agenda for the June 22, 2023 Meeting
Receive and file.
17. Acceptance of Officer Wellness and Mental Health Grant
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) Accept the State of California Officer Wellness and Mental Health Grant in the amount of
$94,079.08; and
c) Approve Budget Amendment No. 24-003 appropriating $31,359.69 in increased
expenditures in Account No. 01035352-861009-G2330 for FY 2023-24.
18. Acceptance of Opioid Settlement Funds
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) Accept funds from the Janssen, Distributors and NOAT II Settlement Fund, totaling
$395,765.84; and
c) Approve Budget Amendment No. 23-071 increasing NBPD revenue estimates and
expenditure appropriations by $395,765.84.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
M, kvv 119 4 LY, R2 N =1 LT, HIV/41l11:WLT, 19:I=MeLRI4►11dla_"=1Z107_1N
XV. 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
June 27, 2023
Page 6
XVI. CURRENT BUSINESS
19. Appointments to the Water Quality/Coastal Tidelands 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) Appoint Lawrence (Tom) Houston, Craig Hudson, Steve Patterson, Spencer Pirdy, George
Robertson, or John Wadsworth to fill the three upcoming vacancies on the Water Quality/
Coastal Tidelands Committee for terms ending June 30, 2027.
20. Annual Appointments for Scheduled Board and Commission Vacancies and
One Unscheduled Vacancy on the City Arts Commission
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) Should the City Council appoint Laird Hayes for a seat on the Parks, Beaches and Recreation
Commission, waive a portion of City Council Policy A-2;
c) Make appointments to the Boards and Commissions from the nominees listed below:
Board of Library Trustees [2 vacancies]
Barbara Glabman (incumbent)
Lauren Kramer
Dorothy Larson
Jenny Williams
Building and Fire Board of Appeals [1 vacancy]
Kenneth Kasdan
Michael Manning (incumbent)
City Arts Commission [1 scheduled vacancy and 1 unscheduled
vacancy expiring June 30, 2025]
John Blom
Walt Howald
Melissa Kandel
Vanessa Moore
Sara Salam
Civil Service Board [1 vacancy]
Laura Cowie
Matthew Parisi
Mike Talbot (incumbent)
Harbor Commission [1 vacancy]
Kevin Kramer
Jon Marlo
Marie Marston (incumbent)
Jordan Wachter
Parks, Beaches & Recreation Commission [2 vacancies]
Laird Hayes (incumbent)
Craig Hudson
Kate Malouf (incumbent)
Andrew Nahin
Anne Yelsey
Planning Commission [2 vacancies]
Ekta Naik
Mark Rosene (incumbent)
David Salene
Debbie Stevens; and
d) Determine which City Arts Commissioner receives the unexpired term that expires
June 30, 2025, and which receives the four-year term that expires June 30, 2027.
City Council Meeting
June 27, 2023
Page 7
21. Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security
Cameras within the Public Rights -of -Way
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) Adopt Resolution No. 2023-40, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Pilot Program to Permit Qualifying Homeowner's Associations to Install
Privately Operated Security Cameras within the Public Right -of -Way, and Waiving City
Council Policy L-6, Encroachments in Public Rights -of -Way, in Regards Thereto.
22. Amendment No. One to Memorandum of Understanding Between the Cities of Costa Mesa
and Newport Beach for the Costa Mesa Bridge Shelter
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 Amendment No. One to the Memorandum of
Understanding Between the City of Costa Mesa and the City of Newport Beach for the Costa
Mesa Bridge Shelter.
23.Ordinance No. 2023-11: Prohibiting Interference with Public Access, Unpermitted
Structures on Public Property and Certain Conduct on Public Property; and Resolution
No. 2023-41: Setting Forth the City Council's Approach to People Experiencing
Homelessness
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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No.
2023-11, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Chapter 10.08 to Prohibit Interference with Public Access; Adding Chapter 10.14
Prohibiting Unpermitted Structures on Public Property; and Amending Section 11.04.070 to
Prohibit Certain Conduct in Public Parks, Park Facilities and at Public Beaches, and pass to
second reading on July 11, 2023; and
c) Adopt Resolution No. 2023-41, A Resolution of the City Council of the City of Newport Beach,
California, Setting Forth the City Council's Approach to People Experiencing Homelessness.
XVII. 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.
XVIII. 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