HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 12, 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
SEPTEMBER 12, 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 REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: The American Legion Newport Harbor Post No. 291, located at 215 15th Street, Newport
Beach California, 92663.
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: Evin D. Planto.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9 (d)(1)): 1 matter
Glen White v. City of Newport Beach
Workers' Compensation Appeals Board Case No. ADJ11567889
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION —ANTICIPATED LITIGATION
(Government Code § 54956.9 (d) (1) (4)): 1 matter
The Ohio House, LLC vs. City of Costa Mesa
United States Court of Appeals for the Ninth Circuit Case No. 22-56181
United States District Court for the for the Central District of California Case No. 8:19-cv-01710-
JVS-GJS
(The reason for holding a closed session is for the purpose of conferring with and/or receiving advice
from the City's legal counsel and to receive direction from the City Council regarding the possible
filing and/or participation in an amicus brief in this case.)
City Council Meeting
September 12, 2023
Page 2
IV. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Dr. Jim Turrell, Center for Spiritual Living Newport Mesa, Costa Mesa
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATIONS
• Proclamation Declaring September as Hunger Action Month
• Proclamation Recognizing International Literacy Day
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— 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 22, 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.
City Council Meeting
September 12, 2023
Page 3
CONTRACTS AND AGREEMENTS
3. Concrete Replacement Program FY 2022-23 (Project No. 23R06) — Notice of Completion
for Contract No. 8921-1
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.
4. Goldenrod Pedestrian Bridge Improvements Project — Notice of Completion of Contract
No. 8871-1 (23R12)
a) Accept the completed work and authorize the City Clerk to file a project Notice of Completion;
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 the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
5. American Legion Bulkhead Wall Repair — Notice of Completion of Contract No. 7659-1
(16H11)
a) Accept the completed work and authorize the City Clerk to file a project Notice of Completion;
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 the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
6. Water Well Rehabilitation — Tamura Deep Well (Project No. 24W15) — Award of Contract
No. 9328-1
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no
expansion of capacity) of the CEQA Guidelines, 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 9328-1 to General Pump Company, Inc. for the total bid price of $817,024
for the Tamura Deep Water Well Rehabilitation project, and authorize the Mayor and City
Clerk to execute the contract; and
d) Establish a contingency of $81,000 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
7. Balboa Pier Maintenance — Award of Contract No. 9323-1 (241-109)
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) Award Contract No. 9323-1 to Jilk Heavy Construction, Inc., for the total bid price of $182,780
for the Balboa Pier Maintenance project, and authorize the Mayor and City Clerk to execute
the contract; and
d) Establish a contingency of $27,220 (approximately 15 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
City Council Meeting
September 12, 2023
Page 4
8. Amendment No. One to Gift Agreement Between City of Newport Beach and Friends of
Newport Beach Animal Shelter to Accept Donation of the Real Property at 20282 Riverside
Drive
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and Section 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) Authorize the City Manager and City Clerk to execute Amendment No. One to the Gift
Agreement and all associated documents necessary to complete the donation transaction,
with Friends of Newport Beach Animal Shelter, to accept donation of the property at
20282 Riverside Drive, in a form substantially similar to the agreement prepared by the City
Attorney.
9. Approval of the Joint Use Agreement Between the City of Newport Beach and Newport -
Mesa Unified School District for Use of Mariners Branch 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; and
b) Approve the Joint Use Agreement between the City of Newport Beach and Newport -Mesa
Unified School District for use of Mariners Library for a 20-year period.
10. Temporary, Non -Exclusive and Revocable License Agreement with Orange County
Sanitation District for a Construction Staging Yard at Lower Castaways Park Located at
100 Dover Drive
a) Find that the environmental impacts associated with approval of this license agreement were
fully analyzed by Addendum to the EIR for the Bay Bridge Pump Station and Force Mains
Replacement Project which was certified by the Orange County Sanitation District Board on
July 23, 2023. Pursuant to Section 21166 of the California Public Resources Code and
Section 15162 of the CEQA Guidelines, no additional environmental review is required;
b) Approve a waiver of City Council Policy F-7 — Income Property based on the findings
contained in this staff report and the license agreement, that the licensee's use of the
property provides an essential and unique service to the community and the project may not
otherwise be completed if full fair market value rent for use of the property was charged; and
c) Authorize the City Manager and City Clerk to execute the Temporary, Non -Exclusive and
Revocable License Agreement between the City of Newport Beach and Orange County
Sanitation District for use of City Property for a temporary construction staging yard at Lower
Castaways Park located at 100 Dover Drive, in a form substantially similar to the license
agreement included with the staff report.
11. Purchase of 2023 Freightliner M2 Ambulance Chassis with Re -Mount of Existing Box
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 City's participation and enrollment in the Houston -Galveston Area Council
cooperative purchasing alliance known as HGACBuy, and authorize the Finance Director
and the City Clerk to execute an interlocal contract with the Houston -Galveston Area Council
for the purposes of cooperative purchasing of goods and equipment on a form approved by
the City Attorney;
City Council Meeting
September 12, 2023
Page 5
c) Approve the selection and purchase of one 2023-year model Freightliner M2 Ambulance
Chassis, including the retrofit and re -mounting of an existing City ambulance box unit, from
Professional Sales and Service, L.C., using cooperative selection and pricing under H-GAC
contract #AM10-20, in an amount not -to -exceed $390,375.28; and
d) Authorize the City's Finance Department to issue a Purchase Order to Professional Sales
and Service, L.C. in an amount not -to -exceed $390,375.28.
12. Approval of Vehicle Replacement Purchase Orders for Four Toyota Tacomas, Two
John Deere Cab Tractors, and One Rockland Beach King Sand Cleaning Machine
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 Purchase Order for four Toyota Tacoma 4WD double cab pickup trucks from
RP Automotive of Downey for a total amount of $195,711.70;
c) Approve a Purchase Order for two John Deere Cab Tractors from RDO Equipment Company
of Riverside for a total amount of $370,493;
d) Approve the Sole Source purchase of one Rockland Beach King Sand Cleaning Machine
from RDO Equipment of Riverside the sole distributer for Rockland Beach Kings in the
Southern California region, and authorize the execution of a Purchase Order for a total
amount of $204,725; and
e) Authorize a contingency of $38,500 (approximately 5% of total quotes) to cover the cost of
unforeseen changes to the current quotes.
MISCELLANEOUS
13. Planning Commission Agenda for the September 7, 2023 Meeting
Receive and file.
14. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation
and Appropriate the Funds to the Library's Fiscal Year 2023-24 Maintenance and
Operation Budget
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) Accept a check in the amount of $39,980 from the Newport Beach Public Library Foundation
and approve Budget Amendment No. 24-011 to increase expenditures by the same amount
in Division 0106051 (Foundation).
15. Budget Amendment Allocating Public, Educational and Governmental Access Support
(PEG) Fees to Replace Light Fixtures Within the City Council Chambers
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 Budget Amendment No. 24-019 appropriating $90,000 in increased expenditures in
Account No. 16820201-911005 from the PEG Fund unappropriated fund balance.
16. City Hall and Limited Off -Site Holiday Closure (Beginning on Monday, December 25, 2023,
Through Monday, January 1, 2024)
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 closing the Civic Center and providing limited services at off -site facilities from
Monday, December 25, 2023 through Monday, January 1, 2024.
City Council Meeting
September 12, 2023
Page 6
17. General Plan Update Steering Committee Bi-Monthly Update to the 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) Receive and file the report.
18. An Order by the California Coastal Commission to Reinstall Fences to Protect the Western
Snowy Plover Shorebirds
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15333, Class 33 (Small Habitat Restoration Projects) of the CEQA Guidelines,
because this project has no potential to have a significant effect on the environment; and
b) Authorize the City Manager to sign the Consent Executive Director Cease and Desist Order
No. ED-23-CD-01.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
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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
19. Resolution No. 2023-52: Intent to Override Orange County Airport Land Use
Commission's Finding of Inconsistency for Housing Element Implementation,
Noise -Related Amendments (PA2022-0201)
a) Conduct a public hearing;
b) Find the overriding action is exempt and not subject to further environmental review under
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15183 because the Amendments would not allow development of greater intensity than is
allowed under the 2006 General Plan, including the Newport Airport Village Planned
Community, as amended. The updated noise contours, and impacts associated therewith,
were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment
Environmental Impact Report (EIR No. 617); and
c) Adopt Resolution No. 2023-52, A Resolution of the City Council of the City of Newport Beach,
California, Notifying the Orange County Airport Land Use Commission and the State Division
of Aeronautics of the City's Intention to Find that Amendments to the Noise and Land Use
Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code, Newport Place Planned Community Development Plan (PC-11) and Newport Airport
Village Planned Community Development Plan (PC-60) Necessary to Implement the
61 Cycle Housing Element are Consistent with the Purposes of the State Aeronautics Act
and Overrule the Orange County Airport Land Use Commission's Determination that the
Amendments are Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan
(PA2022-0201).
City Council Meeting
September 12, 2023
Page 7
20. Ordinance No. 2023-14: Non -Exclusive Commercial Solid Waste Franchise Agreement
a) Conduct a public hearing to consider the award of Non -Exclusive Commercial Solid Waste
Franchise pursuant to Resolution No. 2023-46;
b) 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
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-
14, An Ordinance of the City Council of the City of Newport Beach, California, Granting a
Non -Exclusive Franchise Agreement for Commercial Solid Waste and Divertible Materials
Handling Services Within the City of Newport Beach, and pass to second reading on
September 26, 2023.
XVIII. CURRENT BUSINESS
21. Confirmation of Appointment to Fill the Unscheduled Vacancy on the Board of Library
Trustees
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 appointment of Antonella Castro or Timothy Rief to fill the vacancy on the
Board of Library Trustees.
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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