HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 24, 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, Councilmember
ROBYN GRANT, Councilmember
LAUREN KLEIMAN, Councilmember
JOE STAPLETON, Councilmember
ERIK WEIGAND, Councilmember
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
OCTOBER 24, 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. Newport Beach Municipal Code and City Council Policy Update
The City Council's Ad Hoc Municipal Code and Council Policy Review Committee, in
consultation with City of Newport Beach staff and some of its Boards and Commissions,
reviewed the Newport Beach Municipal Code (NBMC) and City Council Policies to provide
recommendations concerning (1) deleting or reducing language, and (2) the advisability of
applying sunset provisions for new and existing code provisions. The proposed NBMC and
City Council Policy changes will be presented for City Council review and discussion.
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 LEGAL COUNSEL— EXISTING LITIGATION
(Government Code § 54956. 9 (d)(1)): 2 matters
Orange County Water District et al. v. 3M Company, et al.
Orange County Superior Court Case No. 30-2020-01172419-CU-PL-CXC
In re: Aqueous Film - Forming Foams Products Liability Litigation
United States District Court, South Carolina, Charleston Division, MDL No. 287 (Master Docket
No. 2:18-mn-2873-RMG)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: Palm Street Parking Lot — 600 & 608 East Balboa Blvd. and 209 Washington Street
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: Henry Pyle, Chartwell Real Estate Development
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESS
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October 24, 2023
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VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Matthew Hambrick, First United Methodist Church 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. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• In light of repeated waivers from the City Council, consider deleting the paragraph in City
Council Policy F-7 (Income and Other Property) designated as subpart F.7. addressing
by-laws of an organization [O'Neill]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 14). 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 Councilmember, 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. Councilmembers 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 10, 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.
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October 24, 2023
Page 3
ORDINANCE FOR ADOPTION
3. Ordinance No. 2023-15: Amendment to the Newport Village Planned Community
Development Plan to Update Definitions and Allowed Uses Within Area 5 (PA2023-0112)
a) Find the adoption of this ordinance is not a project subject to the California Environmental
Quality Act (CEQA) in accordance with Section 21065 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 proposed action 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; and
b) Conduct second reading and adopt Ordinance No. 2023-15, An Ordinance of the City Council
of the City of Newport Beach, California, Approving an Amendment to the Newport Village
Planned Community (PC-27) Development Plan to Update the Definitions and Allowed Uses
Within Area 5 (Retail) (PA2023-0112).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2023-60: Opposing Assembly Constitutional Amendment 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) Adopt Resolution No. 2023-60, A Resolution of the City Council of the City of Newport Beach,
California, Opposing Assembly Constitutional Amendment 1.
5. Resolution No. 2023-61: Opposing Assembly Constitutional Amendment 13 (Voting
Thresholds)
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. 2023-61, A Resolution of the City Council of the City of Newport Beach,
California, Opposing Assembly Constitutional Amendment 13 (Voting Thresholds).
CONTRACTS AND AGREEMENTS
6. FY 2023-24 Traffic Signal Rehabilitation Project — Award of Contract No. 9416-1 (24T01)
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. 9416-1 to Elecnor Belco Electric, Inc. for the bid price of $1,206,888 for
the FY 2023-24 Traffic Signal Rehabilitation Project, and authorize the Mayor and City Clerk
to execute the contract; and
d) Establish a contingency of $120,000 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
7. Newport Coast Pickleball Courts (Project No. 22P13) —Award of Contract No. 9018-2
a) Receive that the Notice of Exemption was filed and posted with the County of Orange on
June 15, 2022 after the May 24, 2022 City Council meeting approving the lease agreement
with NRCA and the Council finding the project categorically exempt pursuant to Sections
15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or
Conversion of Small Structures);
b) Approve the project plans and specifications;
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October 24, 2023
Page 4
c) Approve Budget Amendment No. 24-030 appropriating $231,236 in new revenue and
expenditures from the State of California Department of Parks and Recreation to Account
No. 13501-980000-22P13 and appropriating $58,364 in increased expenditures in Account
No. 14101-980000-22P13 from the Building Excise Tax unappropriated fund balance;
d) Award Contract No. 9018-2 to Green Giant Landscape, Inc. for the bid price of $1,089,220
for the Newport Coast Pickleball Courts, and authorize the Mayor and City Clerk to execute
the contract; and
e) 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.
8. Balboa Island Water Main Replacement — Phase 3 (Project No. 23W11) and Shorecliff
Community Water System Improvements (Project No. 24W14) — Award of Contract
No. 7173-3
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no
expansion of capacity) 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) Approve Budget Amendment No. 23-029 appropriating $1,325,670 from the Water
Enterprise Fund unappropriated balance to the Water Capital Fund for the Balboa Island
Water Main Replacement - Phase 3 project (Account No. 70201931-980000-23W11);
d) Award Contract No. 7173-3 to T.E. Roberts, Inc. for the bid price of $3,470,899 for the Balboa
Island Water Main Replacement - Phase 3 and Shorecliff Community Water System
Improvements project, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $520,000 (approximately 15 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
9. Approval of a Maintenance/Repair Services Agreement for Landscape Maintenance of the
Civic Center Complex and Park with Merchants Landscape Services, Inc. (Contract
No. 9403-1)
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) Approval of a Maintenance/Repair Services Agreement for Landscape Maintenance of Civic
Center Complex and Park with Merchants Landscape Services, Inc. for $360,000 per year
for three years for a total amount not -to -exceed $1,080,000, and authorize the Mayor and
City Clerk to execute the agreement.
10. Amendment No. One to On -Call Professional Services Agreement for Vehicle Washing
and Detail 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 Amendment No. One to the On -Call Professional Services Agreement with Bumper
to Bumper, Inc. of Perris for vehicle washing and detailing services, thereby amending the
scope of services and adding $155,000 in expenditure authority for a total amount
not -to -exceed $320,000, and authorize the Mayor and City Clerk to execute the amendment.
11. School Resource Officer Program Agreement
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
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October 24, 2023
Page 5
b) Approve the agreement between the City of Newport Beach and Newport -Mesa Unified
School District to participate in the School Resource Officer Program, and authorize the
Mayor and City Clerk to execute the agreement on behalf of the City of Newport Beach.
MISCELLANEOUS
12. Planning Commission Agenda for the October 19, 2023 Meeting
Receive and file.
13. Year -End Budget Results and Surplus Allocation
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. 24-028, allocating the unrestricted operating surplus for
Fiscal Year 2022-23 pursuant to City Council Policy F-5 as outlined in the report; and
c) Receive and file the report of the budget amendments for the fourth quarter.
14. Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure
Report
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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. 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.
XVIII. PUBLIC HEARING
15. Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150)
a) Conduct a public hearing;
b) Find this review exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because this review enforces
an entitlement for use adopted by the City and has no potential to have a significant effect
on the environment;
c) Find that Sierra by the Sea has demonstrated good faith compliance with the terms of the
Zoning Implementation and Public Benefit Agreement; and
d) Receive and file documents submitted by Sierra by the Sea to demonstrate good faith
compliance with the terms of the Zoning Implementation and Public Benefit Agreement.
XIX. CURRENT BUSINESS
16. City Arts Commission Sculpture Exhibition Phase IX Funding
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
City Council Meeting
October 24, 2023
Page 6
b) Provide direction to staff regarding the City Arts Commission's request for $24,000 in
additional funding in Fiscal Year 2023-24: authorize staff to execute a budget amendment,
maintain the current budgeted funding level and install eight sculptures, or reallocate funding
within the total budget for arts.
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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 Councilmembers who voted with the prevailing
side.
XXI. ADJOURNMENT — Richard "Scoop" Koehler
Testimony given before the City Council is recorded.
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