HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
NOVEMBER 28, 2023
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 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
NOVEMBER 28, 2023
REGULAR MEETING - 4:00 P.M.
ROLL CALL — 4:00 p.m.
INVOCATION — Reverend Sadie Cullumber, Harbor Christian Church
III. PLEDGE OF ALLEGIANCE
IV. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three 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.
V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
VI. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 17). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three 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 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.
VII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 14, 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. 2023-17: Allowing Short -Term Mooring License Agreements and
Establishing Fair Market Value License Fees for Offshore and Onshore Moorings
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
to have a significant effect on the environment; and
City Council Meeting
November 28, 2023
Page 2
b) Conduct second reading and adopt Ordinance No. 2023-17, An Ordinance of the City Council
of the City of Newport Beach, California, Adding Section 17.60.045 (Short -Term Mooring
Licenses) to Chapter 17.60 (Harbor Permits and Leases) of the Newport Beach Municipal
Code Regarding Short -Term Mooring Licenses.
4. Ordinance Nos. 2023-18 and 2023-19: Tennis and Pickleball Club at Newport Beach —
1602 East Coast Highway (PA2021-260)
a) Find that the adoption of Ordinances No. 2023-18 and 2023-19 are consistent with the
Addendum to Mitigated Negative Declaration No. ND2010-008 under the California
Environmental Quality Act (CEQA), as adopted per Resolution No. 2023-69;
b) Conduct second reading and adopt Ordinance No. 2023-18, An Ordinance of the City Council
of the City of Newport Beach, California, Approving an Amendment to the Newport Beach
Country Club Planned Community Development Plan (PC-47) for the Tennis and Pickleball
Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); and
c) Conduct second reading and adopt Ordinance No. 2023-19, An Ordinance of the City Council
of the City of Newport Beach, California, Approving a Development Agreement for the Tennis
and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260).
5. Ordinance Nos. 2023-20 and 2023-21: Adopting Housing Element Implementation
Noise -Related Amendments (PA2022-0201)
a) Find the adoption of ordinances is exempt from CEQA pursuant to CEQA Guidelines
Section 15183, and within the scope of analysis contained within EIR No. 617, prepared, and
certified by the County for the 2014 JWA Settlement Agreement Amendment, and the
2006 General Plan, as amended;
b) Conduct second reading and adopt Ordinance No. 2023-20, 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 Noise in the Airport Area
Necessary to Implement the 6tn Cycle Housing Element (PA2022-0201); and
c) Conduct second reading and adopt Ordinance No. 2023-21, An Ordinance of the City Council
of the City of Newport Beach, California, Approving Amendments to Newport Place Planned
Community Development Plan (PC-11) and Newport Airport Village Planned Community
Development Plan (PC-60) Related to Noise in the Airport Area Necessary to Implement the
6t" Cycle Housing Element (PA2022-0201).
6. Ordinance No. 2023-22: Adding, Amending, and Repealing Various Provisions of the
Newport Beach Municipal Code
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 second reading and adopt Ordinance No. 2023-22, An Ordinance of the City Council
of the City of Newport Beach, California, Adding, Amending, and Repealing Various
Provisions of the Newport Beach Municipal Code.
RESOLUTIONS FOR ADOPTION
7. Resolution No. 2023-79: Approval of Measure M2 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) Adopt Resolution No. 2023-79, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach
for the Fiscal Year Ending June 30, 2023.
City Council Meeting
November 28, 2023
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8. Resolution No. 2023-80: Opposing the By -Right Approval Process Language in
Proposition 1, the 2024 Behavioral Health Services Program and Bond Measure
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. 2023-80, A Resolution of the City Council of the City of Newport Beach,
California, Opposing the Language in Proposition 1 that Calls for a By -Right Approval
Process for Adult Substance Use Disorder Residential Programs and Recovery Housing to
Be Located in Multi -Family Residential Zones.
9. Resolution No. 2023-81: Establishing the Library Lecture Hall MOU City Council Ad Hoc
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) Adopt Resolution No. 2023-81, A Resolution of the City Council of the City of Newport Beach,
California, Creating an Ad Hoc Committee to Make Recommendations to the City Council on
the Third Amendment to the Memorandum of Understanding with the Newport Beach Public
Library Foundation Related to Funding the Library Lecture Hall; and
c) Confirm the Mayor's appointments of Mayor Blom, Council Member Kleiman and Council
Member Stapleton to serve on the Library Lecture Hall MOU City Council Ad Hoc Committee.
10. Fiscal Year 2023-24 First Quarter Financial Report and Resolution No. 2023-82: Approving
a Side Letter Agreement with the Part -Time Employees Association of Newport Beach,
Approving a Fourth 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;
b) Review and approve the City Manager's recommended adjustments to City of Newport
Beach job classification titles and salary ranges as required by the California Public
Employees' Retirement System in accordance with 2 CCR §570.5 (a)(1);
c) Adopt Resolution No. 2023-82, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Side Letter Agreement with the Part Time Employees Association of
Newport Beach, Approving a Fourth Amendment to the Key and Management Compensation
Plan, and Adopting New Salary Schedules;
d) Approve Budget Amendment No. 24-027, adjusting revenue estimates and expenditure
appropriations for the Fiscal Year 2023-24 budget as outlined in the report; and
e) Receive and file the report of budget amendments for the first quarter.
CONTRACTS AND AGREEMENTS
11. Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (Project No. 22R14)
— Notice of Completion for Contract No. 8728-2
a) Approve Budget Amendment No. 24-37 appropriating $9,167.20 in new revenue and
expenditures from Irvine Ranch Water District and appropriating $22,700 in new revenue and
expenditures from Orange County Sanitation District to 13501-980000-22R14;
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
c) 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
d) Release Faithful Performance Bond one year after acceptance by the City Council.
City Council Meeting
November 28, 2023
Page 4
12. Utilities Yard Office Remodel (Project No. 23F13) — Notice of Completion for Contract
No. 7908-1
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.
13. Fiscal Year 2022-23 Restroom Rehabilitation — Award of Contract No. 8905-2 (23F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated facilities involving
negligible or no expansion of existing use) 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. 8905-2 to iBuild Spectrum, Inc. for the bid price of $1,200,000 for the
FY 2022-23 Restroom Rehabilitation, and authorize the Mayor and City Clerk to execute the
contract; and
d) Establish a contingency of $180,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
14. Alley Reconstruction (Assessment District 111, Underground Utility District 22 Phase 2
and Assessment District 124 Phase 0 Areas) — Award of Contract No. 8820-2 (23R07)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (repair and maintenance of existing highways and streets, sidewalks, and
gutters involving no expansion of use) 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) Approve Budget Amendment No. 24-034 transferring project savings from General Fund CIP
and Neighborhood Enhancement unappropriated fund balance and appropriating
$52,972.29 in increased expenditures in Account No. 01201927-980000-23R07 and
$200,496.14 in increased expenditures in Account No. 53601-980000-23R07;
d) Award Contract No. 8820-2 to Grigolla & Sons Const. Co. Inc. for the total bid price of
$3,481,384, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish and encumber a contingency of $175,000 (approximately 5% of the bid) to cover
the cost of unforeseen work not included in the original contract.
15. Lease Agreement with Newport Harbor Lawn Bowling Association for a Portion of
San Joaquin Hills Park Located at 1550 Crown Drive North
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 the Lease Agreement by and between
the City of Newport Beach and Newport Harbor Lawn Bowling Association, for continued use
of a portion of the property known as San Joaquin Hills Park located at 1550 Crown Drive
North, in a form substantially similar to the agreement attached to the staff report; and
c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the
findings contained in this staff report and the lease agreement, that conducting an open bid
process or changing the tenant would result in excessive vacancy, and the use of the
property provides an essential or unique service to the community and is of a public benefit,
and might not otherwise be provided where any open bid or full fair market value rent of the
property be required.
City Council Meeting
November 28, 2023
Page 5
16. Annual Reports on Development Impact Fees and Development Agreements
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, review and file the Annual Reports on Development Impact Fees and Development
Agreements.
MISCELLANEOUS
17. Budget Amendment to Accept a Check from California Library Literacy Services and
Appropriate Funds to the Library's Fiscal Year 2023-24 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 $46,594 from the California Library Literacy Services and
approve Budget Amendment No. 24-031 to increase expenditures by the same amount in
the Literacy accounts.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
Vill. ITEMS REMOVED FROM THE CONSENT CALENDAR
IX. 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 minutes. Before
speaking, please state your name for the record.
X. PUBLIC HEARING
18. Ordinance No. 2023-23 and Resolution No. 2023-83: Newport Beach Municipal Code and
Local Coastal Program Amendments Related to Short Term Lodging (PA2023-0116)
a) Conduct a public hearing;
b) Find proposed amendments to 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;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-
23, An Ordinance of the City Council of the City of Newport Beach, California, Approving a
Code Amendment to Chapter 5.95 (Short Term Lodging) and Title 20 (Planning and Zoning)
of the Newport Beach Municipal Code Related to Short Term Lodging (PA2023-0116), and
pass to second reading on December 12, 2023; and
d) Adopt Resolution No. 2023-83, A Resolution of the City Council of the City of Newport Beach,
California, 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 Short Term Lodging (PA2023-0116);
or
e) Adopt an alternative resolution that includes a 20-unit ownership requirement, Resolution
No. 2022-83, A Resolution of the City Council of the City of Newport Beach, California,
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 Short Term Lodging (PA2023-0116).
City Council Meeting
November 28, 2023
Page 6
XI. CURRENT BUSINESS
19. Resolution No. 2023-84: Adopting a New Salary Range and Adjusting Base Salary for the
City Clerk
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. 2023-84, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a New Salary Range for the City Clerk; and
c) Approve and authorize the Mayor to execute Amendment B to the Seventh Amended and
Restated Employment Agreement for the City Clerk.
20. Appointment to the Board of Library Trustees to Fill an Unscheduled Vacancy
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 Fiona Ivey, Chase Rief or Jenny Williams to fill the vacancy on the Board of Library
Trustees.
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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.
XIII. ADJOURNMENT — In memory of Peter Sabatino and Lysanne Sebastian
Testimony given before the City Council is recorded.
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